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VOL. 10, ISSUE 4 (2024)
Constitutional dynamism of equal protection of law in India
Authors
Kaatam Swarupa
Abstract
The concept of equal protection of laws is enshrined in Article 14 of
the Indian Constitution. It guarantees equality before the law and equal
protection of the laws to all persons within the territory of India. However,
the scope and meaning of Article 14 have evolved dynamically through judicial
interpretation over the years. This article traces the progression of Article
14 jurisprudence in India and analyzes how the courts have expanded the concept
of equality to move beyond just formal equality. It examines significant
judgments that have shaped equal protection jurisprudence to include principles
such as reasonable classification, prohibition of arbitrariness, and
substantive equality. The dynamic judicial approach has led to the development
of new grounds of discrimination while striking down discriminatory state
action. This article argues that the transformative constitutionalism approach
of the Indian judiciary has contributed to making Article 14 a vehicle for
social change and justice. However, challenges remain in eliminating inequality
and discrimination entirely. The courts need to further evolve the equality
doctrine to meet these challenges.
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Pages:233-236
How to cite this article:
Kaatam Swarupa "Constitutional dynamism of equal protection of law in India". International Journal of Law, Vol 10, Issue 4, 2024, Pages 233-236
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