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Central University of Punjab, Bathinda 151001 state Punjab, INDIA

Wednesday, February 23, 2011

Article 14 of the Constitution: Right to Equality


*General :
§ Right to Equality: Basic Structure of the Constitution (Indira Gandhi Vs Raj Narayan AIR 1975 SC 2299)
§ Preamble of UN Charter 1945
§ Article 7 of UDHR 1948
§ Article 26 of ICCPR 1966
*Tow Concept of Article 14
Ø Equality before Law
§ English Concept
§ Negative in Nature
§ Dician Rule of law
Ø Equality protection of laws
§ Positive Concept
§ 14th Amendment of US Constitution
*Exception to the Rule of Equality
*Article 14 permits reasonable classification but prohibits class legislation
*Test to determine the Reasonableness of classification

(State of W.B. Vs Anwar Ali Sarkar AIR 1952 SC 75)
§ Classification must be founded on Intelligible Differentia
§ Differentia must have a rational relation to the object sought to be achieved by the Act
*Principles for determining the Reasonableness of classification
§ Ram Krishna Dalmia Vs Justice Tandolkar AIR 1958 SC 538
§ In Re Special Court Bill Case AIR 1978 SC 478
*Rule of Natural Justice implicit in Article 14
§ Maneka Gandhi Vs Union of India AIR 1978 SC 597
§ Tata Cellular Vs Union of India (1994) 6SCC 651
*Basis of Classification


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