Is reservation in India against the right to equality guaranteed by the Constitution debate?
Table of Contents
- 1 Is reservation in India against the right to equality guaranteed by the Constitution debate?
- 2 What does the Constitution of India say about equality?
- 3 How is right to equality granted to the citizen by the Indian Constitution?
- 4 Is reservation a legal right?
- 5 Is equality mentioned in the Constitution?
- 6 What is the Right to equality?
- 7 Is Reservation a legal right?
- 8 Is Reservation against right to equality Quora?
Is reservation in India against the right to equality guaranteed by the Constitution debate?
Thus, arbitrary denial of reservation in promotion is a violation of the right to equality under Article 14, which says, “The state shall not deny to any person equality before the law and equal protection of laws…” Therefore, reservation in public employment and reservation in promotion is a fundamental right under …
What does the Constitution of India say about equality?
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
How is right to equality granted to the citizen by the Indian Constitution?
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Article 15 secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or any of them.
Why there are reservations if we follow the principle of equality?
The justifications behind the reservation are to compensate for past discrimination. It is the promotion of social equality through preferential treatment of socio-economically disadvantaged sections of our society. Equality itself means that like should be treated alike and not unlike should be treated like.
Is reservation against right to equality Quora?
Originally Answered: Is reservation in India against the right to equality guaranteed by the constitution? No, it is not .
Is reservation a legal right?
The Supreme Court bench laid by Justice Nageswara Rao held that there is no fundamental right to Reservation. Hence, a petition filed under Article 32 is not maintainable and directed them to file the petition in the High Court of Madras [2].
Is equality mentioned in the Constitution?
The closest thing to the word or concept of “equality” in the Constitution is found in the Fourteenth Amendment. In other words, the closest the Constitution comes to guaranteeing or advocating equality is the Fourteenth Amendment’s declaration that the states must provide all people equal treatment under the law.
What is the Right to equality?
The Right to equality means the absence of legal discrimination only on grounds of caste, race, religion, sex, and place of birth and ensures equal rights to all citizens. It is considered basic feature of the Indian Constitution. The Right to equality is both a positive equality as well as a negative right.
Why is right to equality important in a country like India?
Equality is so important because it preserves the “dignity” of an individual. Dignity means self-respect and the respect an individual deserves from others for being a fellow human being. It is an essential and basic human right. The Indian Constitution has granted the right to equality to all citizens.
What is right to equality in simple words?