An Analysis of Article 14, Constitution of India
BY- MANISH KUMAR GUPTA
An Analysis of Article 14, Constitution of India
Article 14 of Constitution
• We know that article 14 of Indian constitution is something difficult in understanding and make understanding because this article is a confusing article because this articles say about equality if we talk about article 14 of Indian constitution so we saw that this article tells about equality before law and equality protection of law.
EQUALITY BEFORE LAW
• First time A.V.Decy said about equality before law who was a biggest logist if we know about equality before law so its meaning that it intruped to state due to Constitution and its say that state can not give any specific in any reason or any situation as like any official person or any richest person so we can say that it is a negative law and then say that law is Supreme for whole Indians and law stand on the head of Indian so state cannot give a specific anybody and a state will treat normally with equality because law is equal for everybody in India doesn’t matter that who are they and whats them position everybody are equal under law its totally connected to A.V.Decy rule and rule of law because he said in his book something equal.
EQUALITY PROTECTION OF LAW
• If we talk about equality protection of law so we know that law is stand on the head of everybody in India and we can say that it is a positive law or concept because its say that give equal treatment to equal circumstances means who belongs to equal circumstances so give them equal treatment and should be apply equal law and administrator.
According to SOME CASES,
If we saw some cases of Supreme Court New Delhi
Then we can say that equality before
law and equality protection of law
are include to each other
Reality & LAW
If we Saw reality in India as like
- We can see in railway so we see that if anybody who has completed his/her 12 years so they take a full ticket but if anybody who have not completed them 12 years so they can go anywhere on a half ticket and they can take a half ticket.
- If we Saw law in India so we see that if a man do a murder so court can give a death penalty to his person but if a woman do a murder so court don’t give her death penalty before a case of
Sabnam Vs State of Up
Now first time in Indian Court has given a death penalty to a woman after 1947 and she will be hanged.
SUGGESTION
• If you look at the above lines on the reality and law so this lines show us different between man and women, child and adult person. This lines don’t show us equality this lines are not visible to us equality because all are Indians, all have single citizenship, all have same right and duties butbut it’s not doing equality but if we see equality protection of law so we can say that law say that Law follow the Law Protection of law and it is giving equal treatment to equal circumstances and its protect us and protect all circumstances.
