In the event similarly placed employees are denied same benefits, whether it would amount to breach of Article 14 of the Constitution of India?
From India, New Delhi
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425From India, New Delhi
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Article 14 and Equality Before the Law
Article 14 of the Constitution specifies equality before the law and equal protection of the law. It implies not only that similarly placed individuals have to be treated alike, but also postulates that unequals cannot be given equal treatment. Article 14 strikes at the root of arbitrariness. However, all classifications are not bad; there are two tests to be applied for any classification: first, is there any rational basis for the classification, and second, does the basis of the classification have a causal nexus with the object to be achieved.
The Concept of Equality and Article 15
The concept of equality is a multihued one, and its elaboration would be heavy reading. Article 14 is to be read with Article 15, which prohibits discrimination by the state against any citizen on grounds 'only' of caste, religion, sex, race, and place of birth. Therefore, there can be discrimination between equals on other grounds, such as merit or suitability for a post.
From India, Bhopal
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Article 14 of the Constitution specifies equality before the law and equal protection of the law. It implies not only that similarly placed individuals have to be treated alike, but also postulates that unequals cannot be given equal treatment. Article 14 strikes at the root of arbitrariness. However, all classifications are not bad; there are two tests to be applied for any classification: first, is there any rational basis for the classification, and second, does the basis of the classification have a causal nexus with the object to be achieved.
The Concept of Equality and Article 15
The concept of equality is a multihued one, and its elaboration would be heavy reading. Article 14 is to be read with Article 15, which prohibits discrimination by the state against any citizen on grounds 'only' of caste, religion, sex, race, and place of birth. Therefore, there can be discrimination between equals on other grounds, such as merit or suitability for a post.
From India, Bhopal
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