Article 239 AA of Indian Constitution

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Article 239 AA of Indian Constitution  With regard to any of the issues listed in the State List or the Concurrent List that apply to Union territories, the Legislative Assembly is empowered to enact laws for the entire or any portion of the National Capital Territory, subject to the provisions of this Constitution. The only exceptions to this rule are those pertaining to Entries 1, 2, and 18 of the State List and Entries 64, 65, and 66 of that List that are relevant to the aforementioned Entries 1, 2, and 18. (b) Subclause (a) has no bearing on Parliament's constitutionally granted authority to enact laws pertaining to any subject affecting a Union territory or any portion of one. The law made by Parliament, or, if applicable, such earlier law, shall prevail and the law made by the Legislative Assembly shall be void to the extent of any repugnancy in any provision of a law made by the Legislative Assembly concerning any matter that is repugnant to any provision of a law made by Pa...

Article 14 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:

Equality before the law: This section of the text makes it clear that everyone should be viewed equally by the law. This idea is harmful because it suggests that there are no privileges accorded to any individual. This is a significant section of the text.

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. 

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