Right to Equality 

Under Right to Equality, we have the following titles: 4.1 Right to Equality 4.2 Article 13-‘Affirmative Action’ and Doctrine of Reasonable Classification’ 4.3 Rule against ‘Arbitrariness’ 4.4 Right to “Proportional Inclusion” and Constitutionality of Reservation Policy 4.5 Special Provisions for Women 4.6 Rights of Indigenous People 4.1 Right to Equality All citizens shall be equal […]

Right to Equality – Doctrine of Reasonable Classification 

Article 13 guarantees equal protection of law but it does not mean that all laws must be general in character. It also doesn’t mean that the same laws should apply to all persons. The varying needs of different classes of persons often require separate treatment. From the very nature of society, there should be different […]

Right to Equality – Constitutionality of Reservation Policy 

Some say that reservation is a part of affirmative action whereas others say that it is not.. The proviso to Article 13(3) of the Interim Constitution gives state “special powers” for affirmative action. However, there is no mention of the word ‘reservation’ in this proviso or the rest of Article 13 guaranteeing the right to […]

Right to Equality – Affirmative Action 

It is important to link the proviso of Article 13(3) [the power of the state to make special provisions for the protection, empowerment or advancement of some specified groups of people] with the American principle of Affirmative Action. Affirmative action is sometime also called ‘reverse discrimination” or “positive discrimination.” Note Article 35(14) of the Interim […]