The democracy of India is recorded as the largest democracy in the world. The people in India get direct representation in the legislative assembly. Various laws are made for the protection and benefit of citizens of India. The citizens are expected to perform fundamental duties, and fundamental rights are granted. The right to equality which is part of article 14 of the Indian constitution, is one of the fundamental laws. It ensures person equality before the law in the territory of India. Equal protection of the law is also ensured. Let us study article 14 in detail.
Fundamental rights of citizens of India
The Indian citizens are granted fundamental rights in part three of the Indian constitution. The basic six fundamental rights granted to the citizens of India are given below.
- The right to equality is stated in articles 14 to 18.
- The right to freedom is stated in articles 19 until 22.
- The right against exploitation in articles 23 and 24.
- The right to the freedom of religion in articles 25, 26,27 and 28.
- The cultural and educational rights come in articles 29 and 30.
Articles 32 to 226 contain the right to constitutional remedies.
The constitution of India also provides rights like property rights, but they are not considered fundamental rights. If the fundamental rights of any citizen are violated, then directly it can be petitioned under act 32 of the constitution.
Let us learn detail about article 14 of the right to equality.
Article 14 of the right to equality
Article 14 of the constitution of India states that ” The state shall not be denied to any person equality before the law or the equal protection of the laws within the territory of India”.
Person equality before the law is guaranteed with this article.
The article ensures that all citizens of India are treated equally.
The following are the features of article 14 of the Indian constitution.
Equality before law
The citizens of India are granted the liberty to think about anything and do anything. However, all people who decide within the territory of India must be treated equally in the eyes of the law. Equality before the law means all people respect you whether they are male or female, belong to high caste or low caste and whether rich or poor, are treated equally by the law, and no special privileges are given to anybody.
However, there are certain exceptions to equality before the law, like how the President and governor are provided with immunity. The reservations granted to people based on caste are also an example of an exception to the right to equality.
Equal protection of the laws
According to the principle of equal protection of the laws, the protection of the law will be provided to anyone who is a resident of India, and the law will treat all people equally. The Supreme court determined that the reservation scheme does not support violet article 14 of the Indian constitution, and it’s required to develop minorities.
Access to justice
Justice should be made equally accessible to all the citizens of India. Justice should not be denied to anyone. The judicial system will treat everybody equally. The term access to justice means each person will have the right to appear in the court. Due to a lack of awareness and economic knowledge, many people are deprived of justice and access to it. Hence, the government needs to play a vital role in providing justice to such people.
Prohibitions and exceptions of article 14
Article 14 of the Indian constitution permits classification; however, it prohibits class legislation and person equality before the law is ensured. However, article 14 does not mean that similar laws will apply to all the citizens. However, discrimination based on class, sex, and caste of a person is strictly prohibited by article 14 of the constitution. The protection of governors and President:
The constitution states that the governor of any state or President of the country is not answerable to the court for exercising and performing their duties and powers.
However, the President’s conduct could be brought under review by any Court or body appointed by the House of parliament.
This is an exception to the article 14 stated in the constitution of India.
Conclusion:
India is the biggest democracy globally and has various laws to protect its citizens. Fundamental rights are one such provision. The fundamental rights include equality, right to freedom, right against exploitation, etc. The right to equality is stated in articles 14 to article 18. Article 14 of the Indian constitution ensures that all people are treated equally, and the protection of the law is made available to everyone equally. The person’s equality before the law is insured through this article. The immunity of the President and governors is an exception to this article.