It is a declaration of equality of all persons within the territory of india. According to article 14, the state cannot deny equality before law and equal protection of law to any person within india. 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. Machan equality dp5 hpequa050601 rev1 page3 the meaning of equality 3. Right to equality before law every citizen of india is subjected to ordinary law no person is above rule of law. Firstly, in predemocratic south africa, inequality and systemic discrimination were faultlines in violent conflict. Right to equality under article 14 of the constitution of india. Article 15 and 16 are incidents of guarantees of equality, and give effect. Constitutional provision for right to equality in india. The constitution of india guarantees the right to equality through article 14 to 18 of the indian constitution. This provision enshrines an autonomous, freestanding right to equality with two discernible elements to its content. 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. These are the fundamental rights of constitution of india part iii article 12 35 1. What is the difference between equality before law and equal.
Right to equality under article 14 of the constitution legal bites. Article 14 permits classification, so long as it is. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Section 91 of the final constitution of south africa, referred to as equality clause, states. This right is conferred to the citizens through articles 14 18. Right to equality before courts and tribunals and to a fair trial i. 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. Right to equality under article 14 to 18 of the constitution of india. Right to equality article 14 provides equality before law and equal protection of law. Right to equality under article 14 of the constitution of. 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.
Right to equality would be covered right to equality article 14 to 18 article 14 it is the core article under right to equality. Article 1418 fundamental rights right to equality youtube. Essay on right to equality under article 14 of indian. Sep 08, 2017 right to equality is an important right provided for in articles 14, 15, 16, 17 and 18 of the constitution. 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. Equality before the law, the prohibition of discrimination, equality. Laws inconsistent with or in derogation of the fundamental rights 6 right to equality 14. Proportionality and the right to equality cambridge university press. 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. 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 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. 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.
In its report on the rule of law of 2011,3 the venice commission exam. Article 14 of the constitution of india is a declaration of equality of civil rights for all purpose. Right to equality is a fundamental right guaranteed by the constitution of india. Article 15 of the indian constitution prohibit discrimination on such specific grounds as religion race, caste, sex or place of birth. Article 14, article 15, and article 16 guarantees equality. It is the right to be treated equally without consideration of race, sex, age, ethnicity, etc. Fundamental rights of indian constitution in hindi. Making sense of indian discrimination jurisprudence under article 15. Universal declaration of human rights, article 1 introduction timatatanga the principles of nondiscrimination and equality are fundamental to human rights law. Protection of the right to seek and obtain asylum under. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified. Article 14 commands the state not to deny to any person equality before the law or the equal protection of the laws. Social science module 3 fundamental rights and fundamental duties democracy at work 28 notes the law. In the series of constitutional provisions from article 14 to 18, art 14 is the most significant.
The universal declaration of human rights article 1. The constitution of india guarantees the right to equality through art 14 to 18. Administrative, quasijudicial decisions tend to merge in legislative. Article 19 guarantees six freedoms to every person. This article is written by dhruv bhardwaj, a student of amity law school, delhi. Nondiscrimination under article 14 echr 1 introduction 1. Right to equality is not absolute but highly qualified. It states that the state shall not deny to any person a right to equality before the law. Fundamental rights articles 1418, 1922, 2324, 2528, 29. The equality and nondiscrimination provision of the law.
Altogether, article 14 lays down an important fundamental right which has to be closely and vigilantly guarded. Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Equality of opportunity was the founding creed of u. Right at the start, in section 1, the constitution provides that the founding values of our constitution are amongst others. Situations not covered by art15 to 18, the general principle of equality is embodied in art14 is attracted whenever discrimination is alleged. Equality includes the full and equal enjoyment of all rights and freedoms. Oup, p 7 all human beings are born free and equal in dignity and rights. International covenant on civil and political rights. 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 state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. Articles 14 18 constitute the right to equality in india. Fundamental rights available only to citizens of india. Article 16 guarantees to the citizens of india of equality of.
In other constitutions generally this right embodied in article 14. 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. Equality before law is guaranteed to all without regard to race, color or nationality. The constitution provides that all citizens are equal before the law. Recognizing equality among human beings requires that 1. Right to equality under article 14 of the constitution. 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. 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. The first expression equality before the law which is taken from english common law, is somewhat a negative concept. The equality before the law owes its origin to the english common law. The right to equality is enshrined in the constitution of india.
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. 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. The right to equality and nondiscrimination icelandic. There is a related matter that deserves consideration here.
It delves into rights viewed as particularly relevant to refugees. It is also the first fundamental right guaranteed to the people. In such a scenario, neither the members who decide to merge, nor the ones who stay with the original. 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. Constitution which guarantees the right to equality, the constitution of united states uses. Child labour is considered a gross violation of the spirit and provisions of the constitution. Everyone is entitled to all the rights and freedoms set forth in this declaration. Article 14 declares that the state should not deny to any person equality before the laws within the territory of india.
Laws made under articles 2 and 3 to provide for the amendment of the first and the fourth. 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. Article 14 requires that all of the rights and freedoms set out in the act must be protected and applied without discrimination. In matters relating to employment in government service the state can only lay down specific qualifications and. While these fundamental rights are universal, the constitution provides for some exceptions and. Article 14 of the indian constitution equality of equals. The right to equality and nondiscrimination in the. Aristotle,politics,translatedby benjaminjowett,in britannica great books, vol. Mar 07, 2018 it is the right to be treated equally without consideration of race, sex, age, ethnicity, etc.
Each citizen of india is guaranteed the right to equality by articles 14. 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. 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. Accessory right article 2 of the udhr provides a right to nondiscrimination attaching. It states that the state shall not deny to any person a right to. Fundamental rights articles 1418, 1922, 2324, 2528. Right to equality in indian constitution iloveindia. 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. Pdf equality hypocrisy, inconsistency, and prejudice.
It is the principal foundation of all other rights and. Article 14 embodies the idea of equality expressed in preamble. The doctrine of equality is a dynamic and evolving concept. One such right is the right to equality which is protected under articles 14 to 18. 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 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 is a concept very dynamic in nature and thus interpreted in the widest form. Article 14, 15, 16, 17, 18 and 19 of indian constitution. Arbitrariness analysis under article 14 with special reference to. Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. 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. Fundamental rights and restrictions the hans india. Article 14 right to equality assignment of constitution law. 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.
Foremost among the fundamental rights guaranteed by the constitution of india is the right to equality. Fundamental rights available to both citizens and foreigners except enemy aliens. Article 19 protection in the event of removal, expulsion or extradition. The right to nondiscrimination is enshrined in article 14 of the european. Article 14 of the constitution guarantee the right to equality to every citizen of india. Right to equality is not absolute but highly qualified under. Easy way to understand and lock it in our memory for the rest of our life.
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. The phrase equality before the law occurs in almost all written constitutions that guarantee fundamental rights. Concepts and controversies, in fredman, discrimination law oxford. All of the rights and freedoms contained in the human rights act must be protected and applied without discrimination. The state guarantees freedom of speech and expression to every person. 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. Article 15 prohibits the state from discriminating against any citizen.
During apartheid, south africa was described as one of most african human rights law journal 2014 14 ahrlj 609632. The reasons why this article focuses on the right to equality are the following. Equality is one of the magnificent cornerstones of the indian democracy. Equality, generally, an ideal of uniformity in treatment or status by those in a position to affect either. 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. Everyone is equal before the law and has the right to equal protection and benefit of the law. Equality constitutional adjudication in south africa. Parliament to regulate the right of citizenship by law 5 part iii fundamental rights general 12. There can be no discrimination based on a citizens caste, sex, religious belief or place of birth etc. 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. It means no special privilege to any individual on basis of rich or poor etc ve concept. 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 equality in the south african constitution by. Dec 27, 2014 easy way to understand and lock it in our memory for the rest of our life. Article 14 uses two expression equality before the law and equal protection of the law. Harmonisation and crossfertilisation of socioeconomic. The protection of article 14 extends both to citizens and non citizens and the natural as well as legal persons. Right to equality a fundamental right legal service india. The formulation of equality clause in the south african. Mar 05, 2017 right to equality is the first fundamental right assured to the people of india. 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. Right to equality article 14 18, right to equality article 14 18 the supreme court held that under article 164 the state can provide. All human beings are born free and equal in dignity and rights. Equality before the law is the result of rule of law. 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.
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. 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. In this article, he covers the principles of right to equality in the indian constitution which are laid out in article 14 18. 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. What are the importance of right to equality social. Constitutional vision of equality and social justice. It embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. Article 14,16,21 206 article 14 of the indian constitution embodies the general principles of equality. 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. The constitution of india codifies the fundamental rights the basic human rights of its citizens which are defined in part iii of the constitution. 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. Right of minorities to establish and administer educational institutions. Article 1418 of the constitution guarantees this right to every citizen of india.
Equality of opportunity in matters of public employment. 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. 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. Article 15 freedom to choose an occupation and right to engage in work. It talks about equality before law, in public areas, public employment, abolition of untouchability and titles. Equality of opportunity in public employment and social justice. Right to equality is one of the six fundamental rights in the indian constitution given under article 14. Article 14 guarantees that all citizens shall be equally protected by the laws of the country. The unequal application of the universal human right to equality. The state shall not deny to any person equality before the law or the equal protection of the laws within. 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.