Understanding what the right to equality promises

La Excellence IAS Academy

Understanding what the right to equality promises

Current Affairs Daily Editorials

La Excellence IAS Academy | March 26, 2024 | Indian Polity



Syllabus: GS-II, Subject: Polity, Topic: Right issues, Issue: Fundamental Rights

Context: The Citizenship (Amendment) Act-2019 has been challenged in Supreme Court on the grounds of violation of Article 14.

Reasonable classification test:

  • It is a legal concept used to assess the fairness and validity of laws or government actions that differentiate between groups of people.
  • It ensures that such classifications are not arbitrary and promote equal treatment under the law.
  • The Home Ministry argues that CAA-2019 fits the reasonable classification as it grants citizenship to persecuted minorities from neighbouring

Concerns with application of reasonable test

  • Discrimination based on religion contradicts secularism and may not be adequately addressed by the classification test.
  • A comprehensive re-understanding of the right to equality is needed, involving radical redevelopment of existing tests.
+1 advantage for mains(case law)

●       In Charanjit Lal Chowdhury v. Union of India (1950), the Court allowed the legislature to recognize degrees of harm and restrict cases based on clearest harm.

Source: The Hindu

Leave a Reply