Deepika Reddy Magham is teaching live on Unacademy Plus
RIGHTS LESSON 6- ARTICLE 14 M. DEEPIKA REDDY HYDERABAD
ARTICLE 14 The state shall not deny to any person equality before the law and equal protection of laws within the territory of India
EQUALITY BEFORE LAW As a concept it originated in England Considered to be negative in nature as it is based the maximin 'No man is above law All individuals irrespective of their social standing are subjected to the same law of the land.
RULE OF LAW This concept in itself contains rule of law which means absolute supremacy of law of the land. It also means that administration can be subordinated by law and not vice versa.
PRINCIPLES OF RULE OF LAW Rule of law indicates that 1. Law is supreme 2. Law is always above you
EXCEPTIONS (UNDER ARTICLE 361) The President and Governor are not answerable to any court of law with regard to the exercise of their executive functions. - No criminal procedure whatsoever can be initiated against the President or Governor during his office. - No civil proceeding can be initiated against the President or governor, except after the expiry of two months notice served on him,
EQUAL PROTECTION OF LAWS originated in the American Constitution considered to be positive in nature as it indicates equality of treatment in equal circumstances based on the principle that equality can exist only among equals and equality can't exist among unequals
amon g equals law should be equal and equally administered and that the like should be treated alike - it implies that equal treatment in similar circumstances in terms of both privileges and liabilities conferred by law
DOCTRINE OF REASONABLE CLASSIFICATION Equal protection of law allows the state to clasify individuals on reasonable basis into similar groups. Once such a classification is made, the law shall apply equally among all the people within that group i.e., no person within a group shall be treated differently.