in this pptx, there is a presentation of the meaning of Article 14. besides, also the evolution of Article 14 and how preamble and legal aid provide equality amongst people.
2. THE CONCEPT OF EQUALITY
Article 14 of Indian constitution:-
“The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India."
What is Equality ?
Equality means “ the state of being equal”.
Equality is the right of different groups of people to have a similar
social position and receive the same treatment.
In short, equality means absence of special privileges.
It is one of the ideals of the democratic society.
3. EVOLUTION OF THE CONCEPT OF EQUALITY
The concept of Equality can be traced back to antiquity.
In Greek philosophy, according to Aristotle, there should be
equality between citizens of the same state.
The glorious revolution of 1688 in England, the American
declaration of independence of 1776 and in the year 1789 French
revolution took place, which help the cause of equality
During this period, the French has declared the rights of man
including the right of equality.
Firstly, Right to Equality is be traced to the Constitution of U.S.A.
drafted in 1787.
4. TYPES OF EQUALITY
The modern purview of the concept of Equality consists the
social, political, and legal equality.
social equality referred to equal rights and opportunities for
development of all classes of people. They should be socially
equal.
Political equality implies equal access to political power.
Legal equality does not merely means equality before law, but it
also means equal protection of laws.
Legal equality means equal laws for equals and unequal laws for
unequals.
5. EQUALITY IN THE PREAMBLE OF THE CONSTITUTION OF INDIA
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens: JUSTICE,
social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The preamble secures to all citizens of India equality of status and opportunity.
6. EQUALITY AND RULE OF LAW
Rule of law is the supreme manifestation of human
civilization which is based on the principle that no one is
above the law.
Three principles proposed by A.V. Dicey :-
Absence of arbitrary power, equality before law and primacy
of rights of individuals.
The basic features of Rule of Law as per Dicey:
a) Law does not recognize any special rights for any
individual or group of individuals.
b) Law does not recognize any distinction between one
individual and the other on the basis of religion, race, sex,
etc.
c) None is punished without proper trial.
7. EQUAL JUSTICE AND FREE LEGAL AID
Article 39A provides equal justice and free legal aid.
“The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall,
in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of
economic or other disabilities.”
To provide equal justice the concept of legal aid was added
through 42nd amendment act, 1976.