Article 14 and Article 21
Article 14 and Article 21 are two fundamental rights enshrined in the Constitution of India. Here's a concise explanation of both:
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Article 14 – Right to Equality
Text:
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Key Points:
Guarantees equality before the law and equal protection of laws.
Applies to all persons (citizens and non-citizens alike).
Prohibits discrimination by the State.
Allows reasonable classification but forbids class legislation (i.e., no arbitrary classifications).
Examples of Use:
Striking down laws or policies that arbitrarily favor or exclude a group.
Challenging discriminatory practices in recruitment, education, or taxation.
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Article 21 – Right to Life and Personal Liberty
Text:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Key Points:
Guarantees life and personal liberty.
Applicable to citizens and non-citizens.
Expanded by judiciary to include:
Right to privacy
Right to livelihood
Right to health and shelter
Right to clean environment
Right to die with dignity (passive euthanasia)
Right to legal aid, etc.
Landmark Case:
Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21, stating that the "procedure" must be just, fair, and reasonable.
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