ARTICLE 14 Flashcards
(20 cards)
What does Article 14 of the Indian Constitution state regarding equality?
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Who was A.V. Dicey and what principle did he contribute to?
A.V. Dicey contributed to the principle of equality before the law as part of the rule of law.
How is equality before the law defined?
A negative concept implying absence of special privilege in favour of individuals.
What does equal protection of the law guarantee?
A positive concept implying equal treatment under equal circumstances.
In the case of State of West Bengal v. Anwar Ali Sarkar, what was challenged?
The constitutional validity of Section 5(1) of the West Bengal Special Courts Act, 1950.
What is the significance of the statement ‘no man is above the law’?
It means every person is subject to ordinary laws of the land amenable to the jurisdiction of ordinary courts.
What does the term ‘reasonable classification’ refer to?
The State can treat different persons differently if circumstances justify such treatment.
List the two conditions that must be fulfilled for valid differentiation.
- Intelligible differentia
- Rational relation to the object sought to be achieved
What does Article 359 state about the right to equality?
Article 14 can be suspended when a proclamation of emergency is in operation.
Can aliens claim equal rights with Indian nationals?
No, aliens cannot claim equal rights with that of an Indian national.
True or False: The doctrine of arbitrariness ensures fairness and equality in state actions.
True
What was the conclusion of the Maneka Gandhi case regarding arbitrary state action?
If the action of the State is arbitrary, it cannot be justified even on the basis of the doctrine of classification.
What principle did the EP Royappa v. State of TN case emphasize?
Equality is antithetic to arbitrariness.
What does the doctrine of legitimate expectation entail?
It is related to the expectation that the State will act fairly and not arbitrarily.
What does ‘audi alteram partem’ signify in the context of Article 14?
‘Audi alteram partem’ signifies the requirement of a fair hearing, a facet of natural justice.
In Ramakrishna Dalmia v. Justice Tendolkar, what was the classification based on?
The classification was based on a legitimate public interest in investigating large-scale financial irregularities.
Fill in the blank: The scope of permissible classification allows laws to be constitutional even if it relates to a _______.
single individual
What is the presumption regarding the constitutionality of a statute?
There is always a presumption in favour of the constitutionality of a statute.
What does Article 14 provide for in terms of classification?
It provides for reasonable classification.
What did the RD Shetty v. International Airport Authority case conclude about the doctrine of classification?
It is a judicial formula for determining whether legislative or executive action is arbitrary.
