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suraj (editor)     02 December 2010

Justification of Right to Equality

Hello everybody,

I am a blogger and I have come across a very peculiar query about  "Justification of Right to Equality"'Right to Equality'  is one of the fundamental law framed in our constitution. The query was "how do you justify Right to Equality when a country has different laws for different states, religion, gender, cast, subcast, etc.? ".  I have tried google, wikipedia and many other search engines including blogs and forums, but my search ended in vain without proper descripttion and satisfactory explanation. Finally one of my friend suggested me this site. I hope the "Gurus" of Lawyer's Club India will light up my path of darkness with their knowledge and wisidom and help me to find the answer for the above query.

Thank you in advance.
 



Learning

 5 Replies

Suchitra. S (Advocate)     02 December 2010

Sir, this concept is covered widely under Article 14 of our Constitution. It is true that our Constitution envisages equality under Article 14 but the concept of equality is based on justifiable classification.  You will have to go through the comments given under Article 14 to know these better. For a common man Article 14 may seem ambiguous. But detailed study will give you why there is classifications among the equals.

Suchitra. S (Advocate)     02 December 2010

Classifications are allowed under Article 14 based on "intelligible differentia" having "nexus" with the object sought to be achieved. It is difficult to explain all these concepts in this thread and so, I advise you to go through a good commentary on Consitution. 

1 Like

(Guest)

 

Dear Mr. Suraj, I am mentioning the following thread as if this can help you and I am also following your this thread to have more knowledge on this subject.

 

https://www.lawyersclubindia.com/forum/Re-Re-Re-Our-constitution-is-Questionable-25111.asp

1 Like

suraj (editor)     03 December 2010

Thank you Suchitra ji and Ram ji for posting.

Sorry Suchitra ji, I am a common man not familiar with legal terms and legal writing to understand. Therefore if you can eloberate a little bit so that a common man can understand. It will be helpful for me to reply the query raised in my blog for the other common men to understand the law in a better way.  As our constitution is written for the common man in a technical terms which is easy for the lawyers to understand but greek & latin for the common people. As the Laws are meant to protect humanity and for the common people, my request to the learned councils of LCM to guide the common man, to understand the significance of  "LAW, Constitution, Articles, Sections" detaily in a common language that a common man can understand, know what is it exactly that he has to abide by.


Thank you in advance

Arup (UNEMPLOYED)     03 December 2010

ALL HUMAN BEINGS ARE BASICALLY EQUAL.

THIS REFLECTS IN A NARROWER SHAPE IN ART 14.


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