Article 14 of the Indian Constitution asserts that "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." This fundamental provision guarantees that every individual is treated equally under the law, forming the cornerstone of justice in the country.
Definition: All individuals, whether citizens or non-citizens, are regarded as equals in the eyes of the law.
Implication: This principle ensures there is no discrimination against any person regarding legal rights and protections.
Concept: Individuals in similar circumstances should be treated in a similar manner.
Application: The law can differentiate between classes of people, provided there is a reasonable basis for such distinctions, recognizing that equality must account for differences among individuals.
To achieve fairness and justice, different groups may require tailored legal treatment. For instance:
Affirmative Action: Policies such as reservations in education and employment aim to uplift disadvantaged communities.
Special Provisions: Laws that provide health benefits, educational opportunities, and support services are designed to promote equal opportunities for all.
The role of equal protection of laws is pivotal in facilitating affirmative action in India. However, exceptions exist; for instance, high constitutional functionaries like the President of India and Governors enjoy specific immunities and privileges.
Characteristics: The rule of law embodies principles such as universality, publicity, consistency, equality, and certainty.
Dimensions by Prof. Albert Venn Dicey:
The origins of this principle date back to the Magna Carta (1215), underscoring the notion that the law supersedes everyone.
Types of Legal Persons:
Rights: Legal persons have the capacity to enter contracts, initiate lawsuits, and own property. The Supreme Court has also recognized the rights of animals and other entities under Article 21, which guarantees the right to life and liberty.
Principle: Individuals who are similar should be treated similarly; any differences must be justified and necessary.
Legal Tests:
Examples can include varying tax treatments for distinct income groups and special measures for enhancing women’s safety at workplaces.
The concept of citizenship in India is governed by the Citizenship Act of 1955, which has undergone several amendments to address various citizenship-related issues. The Citizenship Amendment Act (CAA) of 2019 is a recent amendment that facilitates citizenship for persecuted minorities from Afghanistan, Bangladesh, and Pakistan, specifically Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians who entered India prior to the end of 2014.
However, the CAA has sparked considerable controversy, leading to widespread debates and protests. Opponents argue that it discriminates based on religion and contradicts the equal protection of laws guaranteed under Article 14 of the Indian Constitution. Critics contend that by excluding Muslims, the Act introduces an unreasonable classification that lacks a rational link to its stated objective of protecting persecuted minorities.
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