Manish Tripathi, Symbiosis Law School, Nagpur
INTRODUCTION
There are multiple articles under the constitution which together are made to achieve the concept of equality, example- article 14-18. One of the important facets of equality is the principle of non-discrimination. In this paper, we will discuss various fields such as discrimination based on caste, religion, race, etc. This paper also explains the various articles relating to discrimination in various fields in a simplified manner. There are also multiple case laws relating to those articles that have been mentioned to help readers understand how these articles are applied.
WHAT IS DISCRIMINATION, AND IN WHAT WAYS CAN IT MANIFEST ITSELF?
A- our reliance on bill of rights while framing part 3 of our constitution, so fundamental rights have been borrowed from bill of rights. The U.S. society had made their constitution in such early time. Courts over there got earlier opportunity as compared to Indian courts to develop a jurisprudence on their fundamental rights and because our fundamental rights are similar, we tend to look up to their jurisprudence in interpreting our fundamental rights. There is a strong drawn relationship between India and U.S. when it comes to jurisprudence revolving around fundamental rights.
We know that U.S. has a federal constitution and states in U.S. were independent earlier, with passage of time they understood the difficulty in staying independent, the difficulty in protecting their territory and that’s why they decided to come together and formed a confederation. This later on developed into a federation. The status was so independent, that most of the time they would want to protect their autonomy from any infringement by the confederation. There is a difference between northern states and southern states of U.S.
