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EQUALITY AS A FUNDAMENTAL RIGHT IN MODERN INDIA

Daksha Kiran.P, Binal Kuriakose, G. pradeep, Dinesh. B, Prof. Shrisha.k

Abstract


The Right to Equality is one of the most important rights in any democratic country. It ensures that every person is treated fairly and without discrimination. In India, this right is protected under Articles 14 to 18 of the Constitution of India. These provisions aim to create a society where individuals are not judged based on caste, gender, religion, or economic background.

This paper looks at how the Right to Equality works in theory and in practice. It discusses the legal framework, important court decisions, and the real-life challenges people still face. Even though strong laws exist, inequality is still visible in many forms, especially in rural areas and among disadvantaged groups.

The paper uses a doctrinal method, relying on legal texts and existing studies. It finds that while India has made progress, true equality has not yet been fully achieved. The study concludes that legal provisions alone are not enough—social awareness, proper implementation, and policy improvements are equally necessary.


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References


• Introduction to the Constitution of India by D.D. Basu. LexisNexis, 22nd Edition, 2015.

• Indian Constitutional Law by M.P. Jain. LexisNexis, 8th Edition.

• Constitutional Law of India by Kailash Rai. Central Law Publications.

• “A Critical Study of Right to Equality Under Indian Constitution With Judicial Decision” by Sunita Yadav and Ganesh Dubey, published in Legal Research Development Journal, 2016.

• “Article 14: Equality before Law” by Suhani Gupta, published in Journal of Human Rights Law and Practice, 2022.

• “Equality: Legislative Review Under Article 14” by Tarunabh Khaitan, published in Oxford Handbook of Indian Constitutional Law, 2016.

• The Constitution of India, especially Articles 14 to 18 dealing with the Right to Equality.

• Indra Sawhney v. Union of India, AIR 1993 SC 477 — landmark judgment on reservation and equality.

• Maneka Gandhi v. Union of India, (1978) 1 SCC 248 — expanded interpretation of fundamental rights and equality.

• E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555 — explained arbitrariness as a violation of equality.

• “Equality Before the Law in India” by Subrata Roy Chowdhury, published in The Cambridge Law Journal, 1961.


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