Right to equality under article 14 to 18 of the constitution of india. Article 1418 fundamental rights right to equality youtube. 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 14,16,21 206 article 14 of the indian constitution embodies the general principles of equality.
Administrative, quasijudicial decisions tend to merge in legislative. This provision enshrines an autonomous, freestanding right to equality with two discernible elements to its content. Article 14 commands the state not to deny to any person equality before the law or the equal protection of the laws. Although subsequent revolutionary legislation was to strengthen the inheritance and property rights of women, confer greater equality within marriage, and give them parity under the divorce law, these gains were largely eliminated by the napoleonic code. Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. The reasons why this article focuses on the right to equality are the following. Laws made under articles 2 and 3 to provide for the amendment of the first and the fourth. Article 14 embodies the idea of equality expressed in preamble. The constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. During apartheid, south africa was described as one of most african human rights law journal 2014 14 ahrlj 609632. Article 19 protection in the event of removal, expulsion or extradition. Child labour is considered a gross violation of the spirit and provisions of the constitution. This article is written by dhruv bhardwaj, a student of amity law school, delhi.
Equality constitutional adjudication in south africa. International covenant on civil and political rights. It means that the state cannot discriminate any of the indian citizens on the basis of their caste, creed, colour,gender, religion or place of birth. The first expression equality before the law which is taken from english common law, is somewhat a negative concept. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified. The main provision of the right to equality is that it guarantees equality to everyone before the law, in terms of protection and ensures that no one is discriminated against on the basis of their caste, color, gender, race, religion etc. Each citizen of india is guaranteed the right to equality by articles 14.
Situations not covered by art15 to 18, the general principle of equality is embodied in art14 is attracted whenever discrimination is alleged. Constitutional provision for right to equality in india. Right to equality under article 14 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. As such article 14 was considered generally a negative right of an individual not to be discriminated in access to public offices or places or in public offices generally. Fundamental rights of indian constitution in hindi. Dec 27, 2014 easy way to understand and lock it in our memory for the rest of our life. One such right is the right to equality which is protected under articles 14 to 18.
Article 15 and 16 are incidents of guarantees of equality, and give effect. Right to equality under article 14 of the constitution of india. Fundamental rights available only to citizens of india. Right to equality article 14 18, right to equality article 14 18 the supreme court held that under article 164 the state can provide. Article 14 declares that the state should not deny to any person equality before the laws within the territory of india.
Right to equality is a fundamental right guaranteed by the constitution of india. In such a scenario, neither the members who decide to merge, nor the ones who stay with the original. Machan equality dp5 hpequa050601 rev1 page3 the meaning of equality 3. There can be no discrimination based on a citizens caste, sex, religious belief or place of birth etc. Fundamental rights articles 1418, 1922, 2324, 2528, 29. 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. Harmonisation and crossfertilisation of socioeconomic. All human beings are born free and equal in dignity and rights. Article 14 guarantees equality article, 15 prohibits discrimination and article 16 guarantees equality of the opportunity in public employment to the citizens of india. The right to nondiscrimination is enshrined in article 14 of the european. Equality is one of the magnificent cornerstones of the indian democracy. While these fundamental rights are universal, the constitution provides for some exceptions and. Article 14, article 15, and article 16 guarantees equality. Mar 05, 2017 right to equality is the first fundamental right assured to the people of india.
Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. In matters relating to employment in government service the state can only lay down specific qualifications and. Equality of opportunity in matters of public employment. The right against exploitation, given in articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and begar forced labour, and the abolition of employment of children below the age of 14 years in dangerous jobs like factories, mines, etc. The equality and nondiscrimination provision of the law. Right to equality and the indian supreme court equality provisions right to equality, guaranteed in the indian constitution, is covered by its articles 14 to 18. However, the state can impose restrictions on the freedom of speech and expression in the interests of the integrity, security and sovereignty of the country, friendly relations with foreign nations, for public order. The protection provided by article 14 with regard to equality and nondiscrimination is limited as it prohibits discrimination only with regard to the enjoyment of the rights and freedoms set forth in the convention. Equality before the law is the result of rule of law. Fundamental rights available to both citizens and foreigners except enemy aliens. Making sense of indian discrimination jurisprudence under article 15. Article 14 guarantees that all citizens shall be equally protected by the laws of the country.
Sep 08, 2017 right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 of the constitution. Accessory right article 2 of the udhr provides a right to nondiscrimination attaching. Even corporations which are juristic persons are also benefited by article 14. In this article, he covers the principles of right to equality in the indian constitution which are laid out in article 14 18. Right to equality under article 14 of the constitution of. These instances have led to a lot of mental health issues too, and a lot of suicides, one in seven travellers committing suicide. Parliament to regulate the right of citizenship by law 5 part iii fundamental rights general 12. Right of minorities to establish and administer educational institutions. Sep 22, 2015 article 14 it is the core article under right to equality article 14 states that the state shall not deny to any person equality before the law or the equal protection of laws within the territory of india. Chapter the right to equality and nondiscrimination in the administration of justice as shown by the world conference against racism in durban, south africa, in 2001, the challenge facing governments, nongovernmental organizations and civil. Recognizing equality among human beings requires that 1. It is also the first fundamental right guaranteed to the people. This right is conferred to the citizens through articles 14 18. Article 1418 of the constitution guarantees this right to every citizen of india.
Article 15 of the indian constitution prohibit discrimination on such specific grounds as religion race, caste, sex or place of birth. It is the principal foundation of all other rights and. Equality of opportunity in public employment and social justice. Article 14 uses two expression equality before the law and equal protection of the law. The constitution of india guarantees the right to equality through article 14 to 18 of the indian constitution. What are the importance of right to equality social. Article 14 right to equality assignment of constitution law. 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. The state shall not deny to any person equality before the law or the equal protection of the laws within. Fundamental rights are individual rights such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion and the right. What is the difference between equality before law and equal. The fundamental rights are guaranteed to protect the basic human rights of all citizens of india and are put into effect by the courts, subject to some.
Right at the start, in section 1, the constitution provides that the founding values of our constitution are amongst others. 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. Right to equality a fundamental right legal service india. The doctrine of equality is a dynamic and evolving concept. Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that each independent being must be treated equally by the law principle of isonomy and that all are subject to the same laws of justice due process. Article 14 requires that all of the rights and freedoms set out in the act must be protected and applied without discrimination discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified. Universal declaration of human rights, article 1 introduction timatatanga the principles of nondiscrimination and equality are fundamental to human rights law. It means no special privilege to any individual on basis of rich or poor etc ve concept.
Article 19 guarantees six freedoms to every person. All of the rights and freedoms contained in the human rights act must be protected and applied without discrimination. It talks about equality before law, in public areas, public employment, abolition of untouchability and titles. Article 14 requires that all of the rights and freedoms set out in the act must be protected and applied without discrimination.
Supreme court justice singhvi the supreme court in national council for teacher education versus shri shyam shiksha prashikshan sansthan has reiterated the concept of right to equality as enshrined in our constitution. The unequal application of the universal human right to equality. Article 15 freedom to choose an occupation and right to engage in work. Article 14 equality before the law and equal protection of laws article 20 protection in respect of conviction for offences article 21 protection of life and personal liberty article 21a right to elementary education article 22 protection against arrest and detention in certain cases. The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. The protection of article 14 extends both to citizens and non citizens and the natural as well as legal persons. Pprroovviissiioonnss iinn iinnddiiaann ccoonnssttiittuuttiioonn aarrttiiccllee 1144eeqquuaalliittyy bbeeffoorree llaaww aarrttiiccllee 1155 pprroohhiibbiittiioonn ooff ddiissccrriimmiinnaattiioonn oonn ggrroouunnddss ooff rreelliiggiioonn, rraaccee, ccaassttee, sseexx oorr ppllaaccee ooff bbiirrtthh aarrttiiccllee 1166. Arbitrariness analysis under article 14 with special reference to. The right to equality is enshrined in the constitution of india. Equality is a concept very dynamic in nature and thus interpreted in the widest form. Essay on right to equality under article 14 of indian. Right to equality chapter grade d if you look at most travellers sites theyre always built beside motor ways, and beside dumps, and that is how you get sick. The equality before the law owes its origin to the english common law. Article 16 guarantees to the citizens of india of equality of.
Firstly, in predemocratic south africa, inequality and systemic discrimination were faultlines in violent conflict. The right to equality before the courts and tribunals and to a fair trial is a key element of human rights protection and serves as a. The state guarantees freedom of speech and expression to every person. Article 14, 15, 16, 17, 18 and 19 of indian constitution. Protection of the right to seek and obtain asylum under. It delves into rights viewed as particularly relevant to refugees. Aristotle,politics,translatedby benjaminjowett,in britannica great books, vol. Foremost among the fundamental rights guaranteed by the constitution of india is the right to equality. Articles 14 18 constitute the right to equality in india. Right to equality, includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. Proportionality and the right to equality cambridge university press. A manual on human rights for judges, prosecutors and lawyers chapter the right to equality and nondiscrimination in the administration of justice 1for more legal instruments relating to discrimination, see trainers guide, annex ii handout no.
Right to equality before courts and tribunals and to a fair trial i. Pdf equality hypocrisy, inconsistency, and prejudice. It has five provisions articles 14 18 to provide for equality before law or for the protection of law to all the persons in india and also to prohibit. Concepts and controversies, in fredman, discrimination law oxford. The right to equality and nondiscrimination in the. In other constitutions generally this right embodied in article 14. The expression equality before law is a negative concept and the state has a duty to abstain from doing any act which is discriminatory in nature. 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.
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. Everyone is entitled to all the rights and freedoms set forth in this declaration. Everyone is equal before the law and has the right to equal protection and benefit of the law. It is an important part of fundamental rights, articles 14 18. Right to equality in indian constitution iloveindia. The universal declaration of human rights article 1. In the series of constitutional provisions from article 14 to 18, art 14 is the most significant. Equality, generally, an ideal of uniformity in treatment or status by those in a position to affect either. The constitution of india guarantees the right to equality through art 14 to 18.
Equality before the law, the prohibition of discrimination, equality. Oup, p 7 all human beings are born free and equal in dignity and rights. In its report on the rule of law of 2011,3 the venice commission exam. Constitutional vision of equality and social justice. Fundamental rights and restrictions the hans india. The phrase equality before the law occurs in almost all written constitutions that guarantee fundamental rights. Article 14 of the constitution of india is a declaration of equality of civil rights for all purpose. 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. Article 14 outlaws discrimination in a general way and guarantees equality before the law to all the citizens, irrespective of caste, creed, religion, sex, regions, or sex etc. The right to equality in the south african constitution by.
The constitution provides that all citizens are equal before the law. Laws inconsistent with or in derogation of the fundamental rights 6 right to equality 14. Altogether, article 14 lays down an important fundamental right which has to be closely and vigilantly guarded. Article 14 of the indian constitution equality of equals. Easy way to understand and lock it in our memory for the rest of our life. Right to equality under article 14 of the constitution legal bites. It states that the state shall not deny to any person a right to equality before the law. Right to equality is one of the six fundamental rights in the indian constitution given under article 14. Article 14 says that state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. Mar 07, 2018 it is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. If there is no constitutional protection for cpse employees does it mean that management of the cpse is free to discriminate on payment of allowances with. Equality before law is guaranteed to all without regard to race, color or nationality. Right to equality before law every citizen of india is subjected to ordinary law no person is above rule of law. Social science module 3 fundamental rights and fundamental duties democracy at work 28 notes the law.
There is a related matter that deserves consideration here. Right to equality is not absolute but highly qualified. 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. Fundamental rights articles 1418, 1922, 2324, 2528. The formulation of equality clause in the south african.
It is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. The right to equality and nondiscrimination icelandic. Right to equality would be covered right to equality article 14 to 18 article 14 it is the core article under right to equality. Right to equality under article 14 of the constitution.
Section 91 of the final constitution of south africa, referred to as equality clause, states. Article 14 permits classification, so long as it is. It means that every individual is equal in the eyes of law and there shall be no priveleges in favour of any individual for example a constable and the prime minister shall be liable to the same punishment. It states that the state shall not deny to any person a right to. These are the fundamental rights of constitution of india part iii article 12 35 1. Right to equality article 14 provides equality before law and equal protection of law. According to article 14, the state cannot deny equality before law and equal protection of law to any person within india. It embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. Constitution which guarantees the right to equality, the constitution of united states uses. Article 14 of the constitution guarantee the right to equality to every citizen of india. The protection provided by article 14 with regard to equality and nondiscrimination is limited as it prohibits discrimination only with regard to the enjoyment of the rights and freedoms set.
Nondiscrimination under article 14 echr 1 introduction 1. Equality of opportunity was the founding creed of u. It is a declaration of equality of all persons within the territory of india. Equality includes the full and equal enjoyment of all rights and freedoms. The equality clause contained in article 14 will have no application where the persons are not similarly situated or when there is a valid classification based on a reasonable differentia. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 15 prohibits the state from discriminating against any citizen. Right to equality is not absolute but highly qualified under.