Chapter

Smoothening the Creases

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0019
Smoothening the Creases

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The two themes of liberty and equality form the basis of all modern democratic Constitutions. It is clear that freedom and equality are the two main life streams of democracy, that both must exist, and that they can only exist together. The first of the fundamental rights mentioned in Part III of the Constitution of India, perhaps the most important of all the fundamental rights next only to the right to life, is the right to equality before the law and equal protection of the law. This is guaranteed by Article 14 of the Constitution. Article 15 deals with ‘discrimination on grounds of religion, race, caste, sex, or place of birth’, while Article 16 deals with equality of opportunity in matters of public employment and makes provision for reservation in favour of backward classes and scheduled castes. The universal recognition of basic economic and social rights as the foundation of modern progressive conceptions of equality and freedom is now reflected in the Universal Declaration of Human Rights.

Keywords: India; Constitution; equality before the law; equal protection of the law; liberty; freedom; fundamental rights; discrimination; religion; Universal Declaration of Human Rights

Chapter.  4202 words. 

Subjects: Constitutional and Administrative Law

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