India is a diverse nation with a wide range of people from various racial
groups, civilizations, nationalities, places of birth, religions, castes, and
other groups. In conclusion, India appears to be the ideal country for learning
and sharing the values of all cultures.lessons from the many cultures. Under a
microscope, though, it is far too far.from the reality. In a nation with a
population this size and spread out, there tends to be some form of persistent
divergence in opinion.
One could not agree with what others have to say or do in the current situation.
This causes conflict on many different levels, which ultimately leads to the
breakdown of the nation's law and order.However, ideas are designed to be
developed, and regardless of the subject matter, each person is free to express
whatever views they may have. The Indian Constitution was created to address
issues with the nation's law and order and create the ideal society in which
people might live. There
Article 14 Of The Indian Constitution
Article 14 of the Constitution addresses each person's equality before the law.
country, as well as equal protection under the statute above.2 However, in order
to fully grasp the concept of equality, it is necessary to comprehend that the
word "equality" in its purest form refers to impossible for humans to do
physically.It is a notion that clearly says that the reach of any law is
unaffected by an individual's birth, creed, caste, religion, etc. Special
privileges won't be allowed in front of the country's legal system.4among the
most.
This Article eliminates the arbitrary authority of judges, which is one of its
key elements. the existence of the government. Let's assume that a man has
committed a crime and that the only punishment that applies to him is that he
broke the law.5The amazing aspect of Indian democracy is the equality it
provides to its people.6 The fundamental idea of an equal nation is embodied in
Article 14, which forbids the government from engaging in unjustified or
unreasonable discrimination against any group of people.
Equality Before Law
The fundamental principle of the Constitution is equality before the law. There
is a requirement for treating people equally when they are in similar
situations, both in terms of privileges granted and obligations enforced, that
may appear unclear at first glance but is quite clearly stated in Article
14.8Rationality is substituted for the classification process's arbitrary
nature. When people are combined, some may have attributes that are superior to
others. However, unless the qualities are connected to the law, they are not
susceptible to treatment in favour of any specific issue.
Equal Protection Of The Law
There is a certain conjecture in the fact of Equal protection of the Law, which
constitutes the second part of Article 14. To understand this, the fact must be
clear, that when multiple individuals are situated at different levels of
situations, the distinction will occur despite the Article. It only offers equal
treatment of the law, when they all are situated similarly
Article 19 Of The Indian Constitution
Article 19 is specifically known as the Article with the basic Fundamental
Rights of the people of the country, and how to protect such rights20: - (1)
Every citizen of the country enjoys the right to21: (a) Freedom of speech and
expression (b) Assemble peacefully with no arms. (c) Form any type of union. (d)
Move freely within the country (e) Settle and reside in any part of the country
(f) The 44th Amendment omitted this part. (g) Practice, or carrying, any
occupation, trade, or business, respectively.
Article 21 Of The Indian Constitution
This article, which addresses one of the Constitution's most significant topics,
is written in a way that suggests everyone has the right to their own life and
personal freedom.32 Although it might appear simple at first glance, when
examined closely, there isn't another article that is as conflicted and as
contentious as this one. The Heart is only recognised as Article 21 in the
Constitution since it can be used to enforce a right when the State denies it to
a person. The Constitution's requirements for advancement are embodied in
Article 21.
It covers all people, whether they are domestic or international, not only
Indian nationals.33
The purpose of the article is to stop the government from interfering with
individuals' personal freedoms and depriving them of their right to reside in
the nation or in another location. 34The fact that this Article exclusively
applies to State decisions is a crucial issue to keep in mind. As a result, if
someone causes harm to another and does so in a way that impairs their liberty
or robs them of their life, they are not permitted to utilise this article.
It must be realised that if we follow the Constitution's definition, any
government entity is considered a state. However, it has nothing to do with any
private organisations or agencies, therefore this article cannot be used to such
situations. The goal is to free people from all kinds of constraints so they may
live full, happy lives. Of course, this can only be done with the help of the
law.36Additionally, Article 21 of the Constitution is synchronised with Articles
19 and 14. It grants a citizen their freedom in a similar manner to both of the
aforementioned Articles. It is completely forbidden to apply physical or
psychological restraints that strip someone of their freedom.
Scope Of Article 21
The article's scope was rather limited at first, but it gradually
expanded.39Everything a person would require to have a typical and full life is
contained in Article 21. If we discuss the scope, it may be summed up with the
phrase "limitless."
Of course there are limitations because else the nation's law and order would be
compromised. Such limitations, however, are only put in place when someone has
blatantly broken the law.40
The scope of the article has steadily and progressively increased over the years
with the aid of countless case laws submitted, giving the article's nature life
and significance. It
furthered the point that, through this Article and every other Article,
irrespective
Case Laws Regarding The Triangle
In the case of
Parmanand Katara v. Union of India, the Indian Supreme
Court ruled that within The Right to Health was a crucial component to include
in the depths of Article 21, and it must also be regarded as a fundamental
right. 46Any person who has left by a governmental or private entity of medical
care because of a medical condition under any circumstance, a private hospital.
According to Article 14, every person has the right to treatment.and merit the
required medical attention.
References:
- Aanya Singh, 'Article 14: Right to Equality' (Legal Service India)
- M.P Jain, Indian Constitutional Law, (8th Edition, LexisNexis 2018) 908
- Dr. J.N. Pandey, Constitutional Law of India, (56th Edition, Central Law Agency 2019) 85
- Constitution of India, 1950, art.19
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