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Article 16 of the Indian Constitution  Article 16 : Equality of opportunity in matters of public employment  Article 16 of the Indian Constitution enshrined under part III of the Constitution ensures the equality in public employment ensuring the spirit of ' Equality of Status and opportunity ' mentioned in Preamble of the Constitution. The right under Article 16 is available only to citizens of India.  Article 16 (1) -  There shall equality of opportunity for all citizen in matters relating to emploment or appointment to any office under the State.  Article 16 (2) - No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.   Article 16 (3)-  Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of,

Article 15 of the Indian Constitution Article 15 : Prohibition of discrimination on the ground of religion, race, caste, sex or place of birth.  Article 15 provides for a particular application of the general principle embodied in Article 14  i.e. , Right to Equality.  The Fundamental Right guaranteed under Article 15 is available to citizens only.  In case of   Kathi Ranning 🆚 State of Saurashtra 1952 SC , SC held that "when a law comes within the prohibition of Article 15 , it can't be validated by recourse to Article 14 by applying the principle of reasonable classification." Article 15(1) :  The State shall not discriminate any citizen on grounds of only religion , race, caste, sex, place of birth or any of them.  Case : Sriniwas Ayer 🆚 Saraswathi Ammal 1952 , Mad.  Held - The word 'discrimination' means to make an adverse distinction or to distinguish unfavourable from others.  The word 'only' used in Article 15  (1) indicates that discrimination ca

 Article 14 of Indian Constitution India is a welfare country, hence it ensures the development of all. For the development of all, equality among all is necessary. Our Constitution makers had realised this fact and made provisions in the Constitution ensuring equality among all.  Article 14: Right to Equality  The state shall not deny to any person 'equality before the law' Or the 'equal protection of law' within the territory of India.  Notable points: Available to every person i.e., citizens as well as non-citizens. Available   against the State. Within the territory of India.  Lays down two principles : (1) Equality before law.  (2) Equal protection of law.  (1) Equality before law- Originated from the British concept "Rule of law"  It is a negative concept implying the absence of any special privilege in favour of individuals and the subject of all classes to the ordinary law.  AV Dicey profess this concept.   Equality before law and Rule of law - The gua

Article 13 of the Indian Constitution Article 13 : Laws inconsistent with or in derogation of the Fundamental Rights Part III of Indian Constitution deals with Fundamental Rights. Articles 12-35 of Indian Constitution provide fundamental rights. This part of Indian Constitution is also known as Magna Carta of India. Article 13(1)  of Indian Constitution provides "All laws in force in territory of India immediately before the commencement of this Constitution shall be void to the extent to which they are inconsistent with the provisions of Part III of the Constitution. Thus, Article 13(1) of Indian Constitution deals with pre- constitutional laws only. Article 13(1) is not retrospective in effect.  Article 13(1) is prospective in nature. It provides that all pre- constitutional laws inconsistent with fundamental rights will become void only after the commencement of this Constitution. They are not void ab initio. Case- Keshava Madhav Menon vs State of Bombay, 1951 SC Held- SC obser

 Article 12 of Indian Constitution Definition of "State" As per Article 12 of Indian Constitution, "In part III of Constitution, unless the context otherwise requires, the term 'State' includes the Government and Parliament of India and the Government and the Legislature of each of the states and all local or other authorities whithin the territory of India or under the control of the Government of India. " Thus under part III of Constitution the term 'State' includes the following :  (1)  The Government of India and the Parliament of India i.e., the Executive and the Legislature of the Union  Union Legislature-  President, Lok Sabha , Rajya Sabha.  Union Executive - President, Vice-President and the Council of Ministers along with Prime Minister.  (2) The Government and the Legislature of each State i.e. , Executive and Legislature of States.  State Legislature- Governor, State Legislative Assembly and the State Legislative Council.  State Executive