ARTICLE 14 OF INDIAN CONSTITUTION

The “Right to Equality,” or article 14 of indian constitution, is broadly understood by everyone in this room. It is still not possible for our country, even after 73 years of independence, to attain full freedom. In our country, discrimination and other ills are still widespread. This taboo even affected the person who drafted our Constitution. People are still not treated equally in some locations today, and they face discrimination based on a variety of factors, including caste, religion, race, sex, and place of origin.

What is article 14 of the constitution?

One fundamental aspect of the Constitution is equality. Treating everyone equally in terms of rights granted and obligations imposed is the fundamental goal of article 14of the constitution. It is necessary for classification to be rational rather than arbitrary, meaning that it cannot be based solely on traits or attributes shared by all members of the group and not by others who are excluded; rather, the traits or attributes must make sense in relation to the subject of the legislation.

Article 14 of indian constitution: Equality before Law

• This idea was originated in Britain.
  
• It asserts that no individual is above the law, regardless of their wealth or status.
  
• In this, there isa lack of any particular rights for any individual.
  
• In this, everyone is subject to the same ordinary law, which is enforced by regular law courts.
  
• It is a negative idea since it forbids the state from making any artificial distinctions between people.

Article 14 of indian constitution: Equal Protection of Law

• This idea is taken from the United States Constitution.
  
• It says that people who are similar should be treated equally and without distinction.
  
• Equitable treatment under the law, with respect to the rights granted and the obligations imposed by it. It follows that the government may use reservation or affirmative action to benefit the weakest segments of society.
  
• Applying the same laws in the same manner to everyone in a comparable situation.
  
• It is a constructive idea since it gives the state a proactive duty to stop rights violations.

Article 14 case laws

Article 14 case lawson the Principle of Reasonableness:

• The reasonableness and fairness standard in State action has also been upheld by the Supreme Court through the usage of Article 14. According to the Court, any State action that is unfair, irrational, or arbitrary violates Article 14.
  
• The Court held in the Indira Gandhi v Raj Narain case that the State must act justly and rationally and that all State activities must adhere to the natural justice standards. The basis for the idea of fairness in State action was established by this ruling, which has been extensively employed by the judiciary to invalidate measures that are capricious and infringe upon the right to equality.

Article 14 case laws onthe Right to a Fair Trial:

• Using Article 14, the Supreme Court has overturned discriminatory legislation and practices that jeopardize the right to a fair trial.
  
• In the Maneka Gandhi v Union of India case, the Court ruled that natural justice principles must be upheld by the State and that an individual’s personal liberty cannot be taken away from them without a fair trial. This ruling, which has been frequently referenced in later cases, was a significant turning point in the evolution of India’s right to a fair trial.

Article 14 of the constitution: Remedies of Breach

• Filing Writ Petition: A writ petition under Article 32 of the Indian Constitution, which gives people the right to constitutional remedies and allows for the enforcement of fundamental rights, including the right to equality under Article 14, is one of the most popular forms of redress. Individuals may contest any State action that violates Article 14 and request a remedy from the Supreme Court or a High Court by filing a writ petition.
  
• Filing Public Interest Litigation: Public interest lawsuits (PILs) are another tool available to citizens to contest State activities that violate Article 14. Through PILs, people and civic-minded groups can petition the courts to seek redress for violations of fundamental rights, such as Article 14’s right to equality.
  
• Filing a Regular Lawsuit:Individuals who believe that State acts violate Article 14 may also bring a regular lawsuit in a civil court. Depending on the specifics of the violation and the person seeking relief, the court may award damages or an injunction in such circumstances.

Everyone must be treated equally under the legal doctrine of “equality before the law,” regardless of their gender, social class, caste, or any other factor. The freedoms of employment, education, and speech are accorded to any individual living on Indian territory. Furthermore, the provision of inherent, political, social, legal, and economic equality before the law is guaranteed or ensured by Article 14. Equal protection under the law is a right that all residents of Indian territory have, and the states cannot dispute this.

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