Is The Principle Of Equality In Article 14 Absolute?

Why is CAA bad?

CAA violates Constitutional secular principles and is a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non-discriminatory treatment by the Indian State.

There is no way for a Muslim who is declared an ‘illegal migrant’ to get citizenship in India..

What are some examples of equality?

Equality – Key Terms & TypesEquality TypesExplanations/ExamplesPoliticalaccess to the same processes and opportunities; the right to vote or run for a political officeEconomiceveryone has the right to equal pay for equal work; no pay differentials based on gender2 more rows•Dec 23, 2015

Does Article 14 apply to foreigners?

The protection of Article 14 applies equally to both citizens and foreigners. … The Accord deems any person who cannot prove his ancestry beyond March 24, 1971 as an alien. It does not differentiate on the ground of religion in this aspect.

Why is CAA illegal?

Even Without the NRC, Here’s Why the CAA is Unconstitutional. The CAA violates Article 14 of the Constitution, which guarantees equal protection of laws, even to non-citizens. On 10 January, the central government notified the Citizenship (Amendment) Act 2019, or CAA, bringing the controversial new law into force.

What does Article 14 of the Constitution mean?

1.1 Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Why is Sri Lanka not in CAA?

The act takes into account only religious persecution and not ethnic persecution. The Tamils were ethnically persecuted although there is a religious angle to it considering the fact that the Tamils were mostly Hindus and the Sinhalese were Buddhists.

How does CAA violate the Constitution?

Either a person is persecuted on the basis of religion or they are not. Some illegal migrants are not more equal than others. On this front, the CAA clearly violates Article 14 of the Constitution. … In fact, the encroachment of religion into secular activities is strictly prohibited.”

How many articles are there in right to equality?

Article 14 to 18 is defined equality of our country’s citizens and race, caste, sex, religion, place of birth. Our Indian Constitution is liberal.

What is Article 14 of the Human Rights Act?

Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified.

Is principle of equality absolute?

The Constitution of India guarantees the Right to Equality through Article 14 to 18 of the Indian Constitution. … The Equality of Opportunity, Non-discrimination, and Abolition of Titles in general lives amongst the Citizens of India are absolute and constitutionally qualified in it.

What is right to equality explain?

Right to Equality. The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status.

What does Article 14 18 say about equality?

Right to Equality (Articles 14 – 18) The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).

How does CAA violate 14?

A retired member of judiciary in an article in a leading daily has stated that CAA violates Article 14 on all three counts of reasonable classification, arbitrariness in state action and treating people unequally without reason. … Further, Article 14 lays down clearly that all laws in the nation cannot be general.

What is Article 10 of the Human Rights Act?

Article 10 of the Human Rights Act: Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

What are the main features of equality?

Thus Equality stands for 3 Basic Features: (a) Absence of special privileges in society. (b) Presence of adequate and equal opportunities for development for all. (c) Equal satisfaction of basic needs of all.

Does Article 14 apply to non citizens?

Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners.

Is Article 14 an absolute right?

Rights under Article 14 are absolute. These two fundamental rights are not exclusive to the citizens of India but to “any person”.

What are the exceptions to right to equality?

Exceptions to the right to equality are:According to the right to equality, the state should make special provisions for women and children, people of scheduled castes and tribes.According to the right to equality, the state cannot discriminate against any citizen in the matter of employment.

What is the basic principle of equality?

The principle says ‘treat all people as equals’, meaning ‘give equal consideration to the interests of all people’, or ‘treat the interests of all people as equally important’, regardless, for example, of their skin colour, or gender, or sexual orientation.

What is the Article 18?

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

What type of right is Article 14?

Article 14: Right not to be discriminated against This is a limited right which protects you from discrimination on any of the following grounds in the enjoyment of your other human rights: sex. race. colour.