Article 14 Constitution of India-Equality before law

Constitution of India
INDIAN CONSTITUTION

Constitution of India

14. Equality before law – The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Constitution of India [Full-Text View]


Comment

Definition of Law

13. Laws inconsistent with or in derogation of the fundamental rights – (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise requires,-

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.


Who decides Law (Supreme Court of India)

32. Remedies for enforcement of rights conferred by this Part – (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari , whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other Court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2)

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

141. Law declared by Supreme Court to be binding on all Courts – The law declared by the Supreme Court shall be binding on all Courts within the territory of India. [This provision is not available to High Courts]

144. Civil and judicial authorities to act in aid of the Supreme CourtAll authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.



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