What does Article 14 18 say about equality?
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
What is Article 10 of the Human Rights Act?
Article 10 of the Human Rights Act: Freedom of expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
What right does the Human Rights Act protect?
Article 2: Right to life. Article 3: Freedom from torture and inhuman or degrading treatment. Article 4: Freedom from slavery and forced labour. Article 5: Right to liberty and security.
Is human rights a legal right?
Human rights belong to everyone, everywhere, regardless of nationality, sexuality, gender, race, religion or age. The foundation of modern human rights is the Universal Declaration of Human Rights (UDHR).
What are examples of legal rights?
Legal rights, in contrast, are based on a society’s customs, laws, statutes or actions by legislatures. An example of a legal right is the right to vote of citizens. Citizenship, itself, is often considered as the basis for having legal rights, and has been defined as the “right to have rights”.
What is alternative name for legal right?
other words for legal right freedom. freedom of religion. freedom of speech. human rights. God-given rights.
How many types of legal rights are there?
five types
What are the key features of legal rights?
Characteristics of Legal Rights:
- Legal rights exist only in society.
- They are claims of the individuals for their development in society.
- They are rational and moral claims that people make in their society.
- They are equally available to all the people.
What is the difference between natural rights and legal rights?
Natural rights are those defined beautifully in the Declaration of Independence:”We hold these truths to be self-evident, that all men are endowed by their Creator with certain unalienable Rights.” Legal rights are the privileges given to citizens by their governments.
Is Article 14 an absolute right?
The equal protection of law means the State will not frame laws or rules that discriminate between two persons. Rights under Article 14 are absolute. These two fundamental rights are not exclusive to the citizens of India but to “any person”.
Why is Article 14 not an absolute right?
This means that every person, who lives within territory of India, has the equal right before the law. The above right is not an absolute right. Hence, is subject to an exception – reasonable classification. Article 14 forbids class legislation but permits reasonable classification.
Is right to equality absolute?
Here Supreme Court held that the Right to equality is not absolute. In this case, the State of Bengal was found to use its power arbitrarily to refer any case to the Special Court which was made by them. It was thus held that the Act of State of Bengal violates the Right to Equality.
What are the exceptions to right to equality?
Exceptions to the right to equality are:
- According to the right to equality, the state should make special provisions for women and children, people of scheduled castes and tribes.
- According to the right to equality, the state cannot discriminate against any citizen in the matter of employment.
What does Constitution say about equality?
With regard to equality, the constitution says that: All Indians are equal before the law and everyone has equal rights and opportunities. People are free to choose any kind of work they wish to do.
Who is the exception to equality before law?
An exception to Equality before Law Under Articles 105 and 194, the Members of the Parliament and the State Legislatures respectively are not held liable for anything which they say within the House.
What are the rights to equality?
1. The right to equality includes equality before the law, the prohibition of discrimination on grounds of religion, race, caste, sexual orientation, gender or gender identity and/or place of birth, equality of opportunity in matters of employment, the abolition of untouchability and abolition of titles.
Why is equality before the law important?
It provides the right of legal personality, meaning every person is equal before the law and entitled to equal protection of the law. It is closely linked to the principle of non-discrimination.
What is the new concept of equality?
Article 14[3] guarantees equality before laws and equal protection of laws to all persons. Two concepts are involved in Article 14, viz., equality before law and equal protection of laws.
What is meant by equal protection of law?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What is right to equality and write its new dimensions?
The Equality before the law is a negative concept which ensures that there is no special privilege in favor of anyone that all are equally subject to ordinary law of land and that no person, whatever be his rank is above the law. Article 14 confers a right by enacting a prohibition. Thus, is an absolute.
What do you mean by equality before law or equal protection of laws explain with the help of leading cases?
It means that among equals, the law should be equal and equally administered, that equals should be treated alike, both in the privileges conferred and liabilities imposed. Equal law should be applied to all persons who are similarly placed, and there should be no discrimination between one person and another.
What is difference between equality before law and equal protection of law?
Equality before law means that no one is above the law of the land. Thus, privileged, underprivileged and unprivileged are equal before law. Equal protection of law means that law provides equal opportunities to all those who are in similar circumstances or situations.
What you mean by equality before the law?
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that independent being must be treated equally by the law (principle of isonomy) and that all are subject to the same laws of justice (due process).
What does the Indian Constitution say about equality?
The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status.
What are the three types of equality?
Types of Equality
- Natural Equality:
- Social Equality:
- Civil Equality:
- Political Equality:
- Economic Equality:
- Legal Equality:
- Equality of Opportunity and Education:
What are the five main features of right to equality?
Right to equality is one of the six fundamental rights in the Indian constitution. It includes equality before law, prohibition of discrimination on grounds of race, religion, gender, and caste or birth place. It also includes equality of opportunity in matters of employment, abolition of untouchability and titles.
Which article is amended for CAA?
Another reason behind its criticism is that it violates the provisions of article 14 of the Indian Constitution. So these were some provisions of the Citizenship Amendment Act, 2019 which gives Indian citizenship to illegal migrants of 3 countries.