ARTICLE 14 – EQUALITY BEFORE LAW

One of the most debated articles even after 73 years of our country’s independence is Article 14 which tells us about equality. It is debatable to such an extent that the father of our Indian Constitution Dr. Br Ambedkar was also deeply affected by inequality against him as he was from a lower caste. Still, in the modern world, people are being discriminated against on basis of race, religion, creed, sex, etc.

We start with defining equality and its meaning which means giving fair treatment to all in every aspect of life. It suggests that no one should be made poorer with respect to resources or no unfair treatment should be made to higher sections of society and also to the lower strata of society.

Now Article 14 states that” the state shall not deny any person equality before the law or equal protection of law within the territory of India”. The stage ” uniformity to the law “finds a spot in totally composed constitutions that ensures principal freedoms. “All residents regardless of birth, religion, sex, or race are equivalent under the watchful eye of the law, in other words, there Shall not be any discretionary segregation between one resident or class of residents and another.” “All residents will, as human people he held equivalent under the steady gaze of the law.” “All occupants of the republic are guaranteed correspondence under the watchful eye of the laws.”[1]

All citizens should get equal treatment and must have equality of thoughts, actions but restricted to a certain limit when it comes to public order, decency, and other reasonable restrictions which are necessary for the security of state and nation. Equality before law basically means be it poor, rich, everyone should get equal treatment in the eyes of law and should have equal say but certain restrictions need to be imposed by the nation when it comes to the security of the nation.

Justice here plays an important role in achieving equality. Equality and justice are like two magnets that always attract each other i.e. one always leads to the another. The word “Access to justice” refers that every person has a right to appear in court, present his case, and expect justice for himself.  Here the government has also a big role to play especially for the people who are from economically weaker sections and who cannot afford a lawyer or are denied justice, the government should help them and there needs to be a change in the judicial system.

                 SOME IMPORTANT CASE LAWS:

In this case, the Supreme Court portrays the statute of fairness under the watchful eye of the law. The exceptionally popular “order test” had been given for this situation. Basically, it allows the State to make differential arrangements of subjects (which would somehow or another be disallowed by Article 14) given that the characterization is established on comprehensible differentia (for example objects inside the class are unmistakably discernable from those that are outside) and has a reasonable nexus with the goal looked to be accomplished by the characterization. –    Ram Krishna Dalmia vs Justice Tendolkar, AIR 1958

This is a milestone judgment on parts of reservation in India. The Court deciphered the connection between Article 14 and Article 16. It was held that Article 16(1) is a feature of Article 14. Similarly as Article 14 licenses sensible arrangement, so Article 16(1). A characterization might include reservation of seats or opportunities. The rule points of Article 14 and 16 are uniformity and equity of chance and Clause (4) of Article 16 is a method for accomplishing exactly the same target. Both the arrangements must be orchestrated remembering the way that both are the repetitions of the guideline of uniformity revered in Article 14.

  •  Indra Sawhney vs UOI, AIR 1993

            CONCLUSION:

Our judicial system and both other organs i.e. legislature and executive all are working quite hard to preserve article 14 and its value but it’s upon the citizens to know and understand their rights and implement them because as in a democratic nation people as citizens of a country play an important role in understanding their rights and fighting for justice and equality until and unless it is fully achieved.


[1] legalservicesindia.com/article/1688/Right-To-Equality–A-Fundamental-Right.html

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.