RIGHT TO EQUALITY Equality before law- the stat

             RIGHT TO EQUALITY

Equality before law- the state shall not deny to any person equality beore the law or the equal protection of the laws eithin the territory of India.

                                                NOTES

The first expression ‘equility before law’ is from British Constitution and the second expression’equal protection of the law’ has been taken form American Constitution .

The doctrine of equal pay for equal work postulates eual pay for equal work for those who are equally placed in all respects [uttar pradesh  Sugar Corporation Limited vs. Sant Raj Singh, A.I.R.2006 S.C.2296]

   A high cast hindu female Marries a person who belongs to scheduled caste the she’ll no entitled to take the benefit of reservation under Article 15(4) and 1694) of the constitution [Meera Kanwaria Vs. Sunita A.I.R.2006 S.C.597]

The State cannot make reservation of seats for admission in privately run educational institution Sec. [Islamic Academy Vs. state of Karnataka A.I.R. 2003, S.C 3724, P.A. Inamadar vs. St

 ate of Maharashtra A.I.R.2005, 3226]

Equality Clause in article 14 gyrantees equality before the law or the equal protection of the laws within the territory of India. [John Vallamattom Vs. union of India A.I.R. 2003 S.C. 2902]

Admission rules regarding post Graduate medical course in respect of consuleing would not be unreasonable merely because that denies a more meritorious candidates of subhect and course of his choice. [Shafal Nandwani Vs. State of Haryana AIR 2002 S.C.3382]

      The Muslim women (protection of Right on Divorce) Act, 1986 in not aviolative of Article 14 of the Constitution . [Danial latifai Vs. Union of India, A.I.R. 2001 S.C.3262]

The right to vote is not considered as a fundamental right. It is a statuory right subject to the limitations imposed by statue. Nature of the right to elect under the subject cannot be chalanged as invalid. [Ankul Chandrapradhan Vs. Union of India A.I.R. 1997 S.C. 2814]

         The principle of Natural Justice is implicit  in Article 14 of the constitution [Central Inland Water Transport Corporation Limited  vs. Brojo Nath  Ganguli  A.I.R. 1986 S.C. 157

The rule of Law embodied in Article 14 is the “Basic feature” of the Indian Constitution  and hence it cannot be destroyed even by an amendment of the constitution  under Article 368 of the constitution  [Indira Nehru Gandhi Vs. Rajnarain AIR 1975 S.C. 2299].

  The equal protection of law is a sub –principles of the equality before the law [State of Wst Bengal Vs. Anwar Ali Sarkar, 1952S.C.75]

            The words ‘any person’  in article 14 of the constitution  which includes legal person .(company) [Chiranj Lal Vs. Union of India , A.I.R. 1951 S.C. 41]

 

Prohibitation of discrimination on grounds or religion , race, castesex or place of birth

 

(1) The state shall not discriminiate  against any citizen on grounds only religion,race,caste,sex,place of birth or any of them .

(2) No citizen shall , on grounds only of religion , race , caste , sex,place of birth or any them , be subject to any disability , liability  , restriction or condition with regaerd to-

(a) Access to shops , public restaurants, hotels and places of public entertainment;

(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public.

 

(3) Nothing in this Article shall prevent the state from making any special provision  for women and children.

(4) Nothing in this article or in clause  (2) of article 29 shall prevent the state from making any special provisions., by law, for the advancement of any socially and educationally backward  classes of citizens or for the schedule castes and the Scheduled Tribes.

Nothing in this Article or in sub- clause (g) of Clause (1) Article 19 Shall prevent the state  from making any special provisions, by law, for advancement of any socially and educationally backward  classes of citizens or for the scheduled Castes or the scheduled Tribes in so fer as suchspecial provisions relate to their  admission to educational institutions , whether aided or unaided by the State , other than the minoratiy educational institutions refferd to in clause (10 of Article 30