Right to Equality Article- 14 to 18


  Fundamental rights-
             Part-III of Indian constitution from Article 14 to 35 deals with fundamental rights. The fundamental rights are similar to those of provisions in Bill of Rights in United Nations Constitution with some difference. fundamental rights are the basic inherent human rights .
            The fundamental rights have been group down under seven heads are as follows -

A) Right to equality - Article 14 to Article 18 .
B) Right to freedom - Article 19 to Article 22 .
C) Right against exploitation -Article 23 and Article 24 .
D) Right to freedom of religion - Article 25 to Article 28
E) Cultural and educational rights Article 29 and Article 30.
F) Right to property is now very much diluted and is secured to some extent  by Article.300A ,31A,  3B, 31C.
G) Right to Constitutional Remedies - Article 32 to 35 .

Nature of fundamental rights-

1) Fundamental rights or basic inherent human rights.

2) They are a guaranteed rights because they are given by the constitution and guarantee is given by the constitution.

3) These are protected rights, No Person, Union or State Government can violate it .

4) It is enforceable rights because Supreme Court is the protector, guardian and Sentinel of
 fundamental rights under Article 32.Article13 gives teeth to the fundamental rights and makes them  justifiable. According according to Article 13(2) the state shall not make any law,  which takes away or abridges  fundamental rights and if such law in contravention of the said provisions violets the fundamental right,  it will be a void law . Article 32 and under Article 226 of the Constitution,the High Court  of the state has to take cognizance of petition alleging violation of fundamental rights.

5) fundamental rights cannot be waived because of fundamental rights were not put in the constitution merely   for individual benefit , but it was based on public policy.

6) Some fundamental rights are also available to non-citizen.

7) Fundamental rights are not absolute. The government on it can impose reasonable restriction during emergency some fundamental rights are suspended.  The constitution confers powers on the legislature to impose limitations.

8) The Fundamental rights are not at all distinct,  separate from each other or mutually exclusive rights. Each right has some relation with one another.  No Article in the constitution is to be read in isolation

   Right to Equality Article 14 to 18

The Constitution of India guarantees the right to equality Article 14 to 18.

Article 14 provides equality before law and equal protection of Law.

Article 15 prohibit discrimination on such specific grounds as religion ,race, caste, sex or place of birth.

Article 16 guarantees to the citizen of India equality of opportunity in matters of public employments.

Article 17 abolish  untouchability .

Article 18 abolition of title.

           In these Articles, Article 14 is most significant,  whereas Article 15 to 18 embodied general principles of equity equality.

1 comments:

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