Article 239 AA of Indian Constitution
Article 14 of Indian Constitution
On the grounds of religion, race, caste, sex, or place of birth, the State may not deny anyone inside the borders of India equality before the law or equal protection under the law.
Any form of discrimination based on caste, ethnicity, religion, location of birth, or sex is rejected by Article 14. This article is applicable to protect the rights of individuals living in India and has a broad scope.
There are two sections to this article:Equal protection under the law: This clause states that every member of society will be subject to the same laws. Because it anticipates a good response from the state, this idea is constructive. This is an article 14 procedural section.
In the State of U.P. v. Deoman Upadhyaya 1960 case, Justice Subba Rao dissentingly said that Article 14 encompasses both "positive content" and "negative content." While equal protection under the law demonstrates a positive content of Article 14, equality before the law is a negative content.
The doctrine of Anti-Rigorousness: By incorporating the executive discretion within the purview of article 14, the Supreme Court significantly expanded the scope of the document. The court held in the 1974 case of E.P. Royappa v. State of Tamil Nadu that Article 14 provides a safeguard against the State's capricious conduct. It is against the Right to Equality to act arbitrarily. They are rivals to one another. Therefore, it is crucial to defend the laws against the Executive's capricious actions.
Comments
Post a Comment