Shakti Gayatri Panda, LL.B, Nawada Vidhi Mahavidyalaya
ABSTRACT
Equality is the soul of liberty ; there is in fact , no liberty without it.
Frances Wright
Equality is an imperative goal of the Constitution of India. Right to equality is an essential feature of the Constitution of India and is placed under the Doctrine of Basic structure. It is indispensable for a democratic nation. The framers of Constitution have ransacked1 all the known Constitutions of the world and framed the Constitution of India - the lengthiest written Constitution. They have incorporated all important provisions which are vital for survival of Indian Democratic society. The term ‘equality’ denotes lack of special privileges to any segment of the society and conferring adequate opportunities for all individuals without any sort of discrimination. But, by strictly adhering to the term equality and treating all alike irrespective of circumstances , whether we shall succeed in achieving our constitutional goal of genuine equality ? It seems quite difficult. For example if Govt shall made a regulation that everyone have to pay Tax of Rs.100 irrespective of income of individual. In such circumstances , a person who earns Rs.10000 would not face any difficulty in paying requisite tax . But think about a person whose income is only Rs.145. It would bring misery for him to pay requisite amount of tax and endangers his survival and livelihood. Such type of equality concept gives rise to grievous inequality. It has been observed that treating all equally sometimes becomes inequality. Hence founding fathers of our Constitution exercised utmost precaution while incorporating equality provisions . Their vision was aimed at striving for genuine and complete equality which shall serve equality to all in true sense. That’s why they synthesized both provisions of Constitution of United Kingdom and United States of America and thereafter gave us reasonable classification concept of Equality under Article.14. Article.14 prohibit class legislation but does not prohibit reasonable classification. Indeed reasonable classification is the spine of equality without which we wont able to achieve equality in true sense.
