While these fundamental rights are universal, the constitution provides for some exceptions and. Right to equality is the first fundamental right assured to the people of india. Equality is a concept very dynamic in nature and thus interpreted in the widest form. It found in particular that the domestic proceedings had failed to meet the requirements of article 2 of the convention by providing protection for. Protection from discrimination equality and human rights. Chapter the right to equality and nondiscrimination in the administration of justice. Article 14 permits classification, so long as it is. Second, this article categorizes two models adopted by courts in the application of proportionality in the context of the violation of the right to equality.
The doctrine of equality is a dynamic and evolving concept. Article 14 of the indian constitution of india provides that the state shall not deny to any person equality before the law or the equal protection of the laws in the territory of india. The constitution of india guarantees the right to equality through art 14 to 18. Right to equality article 1418, right to equality article 1418 the supreme court held that under article 164 the state can provide.
Article 14 and the right to nondiscrimination in the echr rory oconnell1 introduction the right to equality is often seen as a fundamental right, perhaps the fundamental right. Equality before the law, the prohibition of discrimination, equality. Right to equality would be covered right to equality article 14 to 18 article 14 it is the core article under right to equality. The right to equality and equal protection of laws loses its reality if all the citizens do not have equal facilities of access to the courts for the protection of their. Article 14 equality before the law equal protection of the law 4. The modem tendency is to enforce the same law over all persons in the state and to give all persons equal rights and privileges in the protection of their civil liberties. The potential challenges to equality law in the uk oxford human. The constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. In other constitutions generally this right embodied in article 14. Indian polity fundamental rights rule of law, right to. The right to privacy is an intrinsic part of article 21 the right to freedom that protects the life and liberty of the citizens. Right to equality under article 14 of the constitution of. Article 14 right to equality assignment of constitution law. Prima facie, the term equality before the law and equal protection of the laws may seem to be identical, but, in fact, they mean different.
Article 14 of the constitution guarantee the right to equality to every citizen of india. It is a more positive concept, implying the right to equality of treatment in equal circumstances. In this article, he covers the principles of right to equality in the indian constitution which are laid out in article 14 18. Article 14 of the indian constitution equality of equals. The right to equality before courts and tribunals, in general terms, guarantees, in addition to the principles mentioned in the second sentence of article 14, paragraph 1, those of equal access and equality of arms, and ensures that the parties to the proceedings in question are treated without any discrimination. Right to equality is one of the basic fundamental rights that the constitution of india guarantees to all the citizens of the country. Article 14 of the indian constitution equality before law. It says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
In the series of constitutional provisions from article 14 to 18, art 14 is the most significant. Article 14 and the right to nondiscrimination in the echr. So, article 14 must be pleaded in relation to some other substantive right in the. Mar 05, 2017 right to equality is the first fundamental right assured to the people of india. Article 1418 of the constitution guarantees this right to every citizen of india. While equality before the law is a somewhat negative concept implying the absence of any special privilege in favor of any individual and the equal subjection of all classes to the ordinary law, equal protection of laws is a more positive concept employing equality of. Right to equality article 14 provides equality before law and equal protection of law. Article 16 deals with the equality of opportunity in matters of public employment. Article 14 of indian constitution explained one of the most important guarantees from our constitution is to be treated equally, or the right to equality in the country. The modem tendency is to enforce the same law over all persons in the state and to give all persons equal rights and privileges. Equality of opportunity in public employment academike. Laws inconsistent with or in derogation of the fundamental rights.
Article 14 constitution of india notes notes for free. The right to equality and nondiscrimination icelandic. It states that the state shall not deny to any person a right to equality before the law. The constitution of india has given a wide interpretation of this article. Under article 14 two important aspects have been included which are equality before the law and the equal protection of the law and both of them play an important role. Equality before law the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. It is the principal foundation of all other rights and. It explores the two doctrines that have evolved to test the constitutionality of a measure when faced with an article 14 challenge. Article 14 provides for equality to all the people and absence of any discrimination on grounds such as sex, caste, religion etc. Article 14 of indian constitution explained one of the most important guarantees from our constitution is to. Tendolkar 1958 case still hold good governing a valid classification and are as follows. Equality is one of the magnificent cornerstones of the indian democracy. Altogether, article 14 lays down an important fundamental right which has to be closely and vigilantly guarded. The concept of equality before law is taken from the english constitution and the.
The propositions laid down in ram krishna dalmia v. Selected universal legal provisions guaranteeing the right to equality before the law and the right to nondiscrimination 2. Right covers both juristic and nonjuristic persons. Jan 12, 2015 this paper deals with equality of opportunity in public employment. Proportionality and the right to equality german law. It is an important part of fundamental rights, articles 14 18. Easy way to understand and lock it in our memory for the rest of our life. Article 14 equality before law legal service india.
This case held that even a company has the right to equality against the state. Article 14 article 14 right to equality right to equality. Its provisions have come up for discussion in the supreme court in a number of cases and the case of ram krishna dalmia vs justice s r tendolkar reiterated its meaning and scope as follows. According to article 14, it is an obligation to the state to not deny to any person equality before the law or equal protection of laws within the territory of india. Article 14, article 15, and article 16 guarantees equality.
However, recent jurisprudence indicates that the european court of human rights has taken a more robust stand. While article 14 guarantees the general right, articles 15 and 16 are instances of the same right in favour of citizens in some special circumstances. The state shall not deny to any person equality before the law or the equal protection of laws within the territory of india. Article 1418 fundamental rights right to equality youtube.
Each citizen of india is guaranteed the right to equality by articles 14 to 18 of the constitution. This chapter concerns the guarantee of the right to equality under article 14 of the indian constitution. Article 14 to 18 is defined equality of our countrys citizens and race, caste, sex, religion, place of birth. Right to equality article 14 right to equality equality is one of the magnificent cornerstone of indian democracy equality is a basic feature of the constitution of india and any treatment of equals unequally or unequals as equals will be violation of basic structure of the constitution of. The equality guarantee in article 14 of the european convention on human rights and fundamental freedoms has often been regarded as an insipid right. Article 16 right to equality of opportunity this right is available only to citizens. The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. In earlier times certain classes possessed special privileges or were judged by special law. Article 14 fundamental right indian constitution with case laws. Right to equality is not absolute but highly qualified under the constitution of india advocate arjun supreme court of india, photographed about 170 metres from the main building outside the perimeter wall pix wikipedialegaleagle86. Equality before law and equal protection of laws article 14. Right to equality and equal protection of laws article 14 to 18. Right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 of the constitution.
There is a related matter that deserves consideration here. Air india v nargesh meerza 1981 termination of services of air hostesses on first pregnancy was held to be arbitrary and infringement of article 14 and 15. The equality before the law owes its origin to the english common law. Article 14 embodies the idea of equality expressed in preamble. Article 14 of the constitution of india provides for equality before the law or equal protection of the laws within the territory of india. Dec 16, 2017 right is not limited only to citizens. One such right is the right to equality which is protected under articles. Situations not covered by art15 to 18, the general principle of equality is embodied in art14 is attracted whenever discrimination is alleged. One such right is the right to equality which is protected under articles 14 to 18. Right to equality is not absolute but highly qualified. The right to constitutional remedies is present for enforcement of fundamental rights. The enjoyment of the rights and freedoms set forth in the european convention on human rights and the human rights act shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
To rely on this right, you must show that discrimination has affected. The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles such as sir, rai bahadur, etc. Article 14 requires that all of the rights and freedoms set out in the act. To achieve this article 14 enshrines that the state shall not deny to any person equality before the law or equal protection of the laws in the territory of india. Right to equality a fundamental right legal services india. The true meaning and scope of the right to equality article 14 in india have been explained in a number of cases by the indian supreme court. Article 14, 15, 16, 17, 18 and 19 of indian constitution. Article 14 declares that the state shall not deny to any person. Article 15 and 16 are incidents of guarantees of equality, and give effect. Right to equality under article 14 of the constitution of india. The constitution of india guarantees the right to equality through article 14 to 18 of the indian constitution. Right to equality a fundamental right legal service india. The purpose of this research is to identify the general principle of right to equality the word right to equality need no explanation because it tell its meaning itself. Equality before law and equal protection of laws article 14 according to article 14, the state shall not deny to any person equality before t classification of fundamental rights the provisions of part iii of our constitution which enumerate the fundamental rights are more elaborately mentioned than those in any other existing.
Fundamental rights articles 1418, 1922, 2324, 2528, 29. Article 16 guarantees to the citizens of india of equality of opportunity in matters of public employment. Prima facie, the term equality before the law and equal protection of the laws may seem to. Article 14 of the indian constitution clearly states that the statecountry shall not deny to any person equality before the law or the equal protection. In domestic terms, the equality act 2010 is designed to express most of the. Third, this article points out that the choice of the model used by each court is relevant to the ongoing discourse on the advantages and disadvantages of proportionality. The importance of the distinction may be illustrated by reference to article 14. Equality is the stuff of legend,2 even the sovereign virtue. In this video i am discussing article 14 fundamental right of indian constitution right to equality. The right to privacy is the newest right assured by the supreme court of india.
Jan 14, 2020 article 14 of the indian constitution. Equal protection of law has been given in article 14 of our indian constitution which has been taken from section 1 of the 14th amendment act of the constitution of. Without eu law, the right to equality depends entirely on parliamentary. Pdf right to equalityreasonable classification rule versus rule. Article 141 provides that all persons shall be equal before the courts and tribunals, an important guarantee which may in certain cases oblige states to provide. Oct 04, 20 article 14 equality before the law equal protection of the law 4. In the same vein as the universal declaration is article 14 of the. Jan 23, 2014 right to equality article 1418, right to equality article 1418 the supreme court held that under article 164 the state can provide reservation only at the entry level at the time of recruitment. Article 15 of the indian constitution prohibit discrimination on such specific grounds as religion race, caste, sex or place of birth.
It means that among equals, the law should be equal and equally administered, that equals should be treated alike, both in the privileges conferred and liabilities imposed. Essay on right to equality under article 14 of indian. It found in particular that the domestic proceedings had failed to meet the requirements of article 2 of the convention by providing protection for the applicants daughter. It embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. It states that the state shall not deny to any person a right to.
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