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Central University of Punjab, Bathinda 151001 state Punjab, INDIA

Friday, March 4, 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) Right to Equality is also recognized under international human rights instruments: 


§ Preamble of UN Charter 1945
§ Article 7 of UDHR 1948
§ Article 26 of ICCPR 1966

Under Article 14 as guaranteed by Indian Constitution includes tow concepts:

Equality before Law

§ English Concept
§ Negative in Nature
§ Dician Rule of law

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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