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An Overview of Article 14

 An Overview of Article 14

Generally speaking, everyone in this room is familiar with Article 14 of the Indian Constitution, which establishes the right to equality. We have not yet achieved full freedom despite our country's 73-year history of independence. Discrimination and other ills are still prevalent in our society today, unfortunately. Even the guy who created our country's Constitution suffered from this anathema. Today, there are still parts of the world where individuals are treated unequally and discriminated against based on criteria such as their religion or race or gender or caste or place of origin.

With knowledge of the situation in India, our Constitution-makers incorporated Article 14 into the Indian Constitution as a fundamental right that applies to both citizens and non-citizens of our nation. In this article, the primary objective is to provide clarification on Article 14. When we see a husband assaulting his wife, a girl who is unable to complete her education because of family pressure, or a lower caste man being viewed as inferior to upper caste people, we should be worried.... The practise of discrimination can be observed in a variety of contexts. When we look at this situation, we can understand how important the state's role in protecting citizen equality is. In accordance with Article 14, "The State shall not deny to any individual residing within India's territorial jurisdiction equality before the law or equal protection of the laws," the state cannot deny anyone equality before the law or equal protection of the laws. The fundamental tenet of liberalism is that all people should be treated equally, and Article 14 assures that all citizens receive the same level of service. The level of equality that an individual receives in society is intrinsically tied to the level of liberty that individual enjoys.

In the eyes of the law, everyone is treated equally.

All of us are well aware that our country is a democratic one, and it is the largest democratic democracy in the world. No one has the right to believe or act in a way that is contrary to their beliefs (within reason), and our government is there to put proper limitations in place. All people who enter or remain on the territory of our country should be treated equally in the eyes of the law. Fundamentally speaking, equality before the law means that all people should be treated in the same manner, regardless of their socioeconomic standing, gender, or caste. This state is unable to provide any special treatment to any individual or group in the nation. It's referred to as "legal equality" in some circles

Absolute equality and equality before the law are two concepts that should be stressed.

A fundamental principle of equality before the law prohibits any community or individual from receiving preferential treatment under any circumstances. Equal treatment under the same conditions is not mentioned at all in the document. If the ideal scenario can be achieved, the state does not need to participate in society by providing additional advantages, according to this theory. The right to equality, on the other hand, is not absolute and is subject to a number of limits. Consequently, equals must be treated on an equal footing. There are a few exceptions to the principle of equality before the law, such as the immunity granted to the President and the Governor. Similarly, reservation is a prominent example of how the Right to Equality is not absolute and can be limited (or rather used successfully) depending on the circumstances of a certain situation. In the well-known case of State of West Bengal v. Anwar Ali Sarkar, the question of whether the Right to Equality is absolute or not was raised. In this particular case, the Supreme Court determined that the right to equality is not absolute. In this case, it was determined that the State of Bengal had arbitrarily exercised its authority to refer any matter to the Special Court that they had established. Consequently, the State of Bengal Act was determined to be in breach of the Right to Equality, and it was repealed.Equality before the law and the rule of law are two notions that are frequently used interchangeably in discussions of legal equality. We've already covered Equality before the Law in great detail, but there is a strong connection between Equality before the Law and the Rule of Law. Professor Dicey's Rule of Law teaches that no one is above or below the law, and that everyone is equal in the eyes of the law. The rule of law ensures that everyone is treated equally before the law. In accordance with the Rule of Law, everyone in a country should be treated equally, and because there is no official religion in a country, the state should refrain from discriminating against any particular religion. It is preferable to apply the idea of uniformity instead. It is based on the Magna Carta, which was signed in 1215. (which is a written charter of rights).


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