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Taxation And The Right To Equality




Amreen Hassan, Manav Rachna University

Sneha, Manav Rachna University


ABSTRACT


This research is especially focused on the changing relationship between the tax system of India and equality as it operates in the Constitution. The research is expected to explore the critical examination of constitutional provisions, significant judicial pronouncements, and how tax policy development and practice by India adhere to or challenge the guiding principle of equality. In a doctrinal approach to research, the focus is upon using primary data—a plethora of statutes, case law, legislative proceedings, and much more—including a generous pouring of secondary sources, such as academic articles and critiques.


In the Approach section, the researcher takes the liberty to discuss the constitutional framework and, specifically, the significance of Article 14 of the Indian Constitution, for its guarantee of equality before the law. The study deals with prominent judicial dicta on the subject and which have shaped the application of the principle by Indian tax laws. Such landmark Supreme Court cases as E.P. Royappa v. State of Tamil Nadu and K.C. Vasanth Kumar v. State of Karnataka are analyzed in order to gain insight into how the judiciary has adjudicated the issue of equality within the taxation system.


This research work further explores the practical considerations of the Indian tax system: the salient feature of its design and implementation in India with special attention to examining the incidence of progressive and regressive taxation, as well as analyzing the question of whether tax policies lead to any kind of economic justice or engender further inequalities. The direct and indirect kinds of tax, the method of income tax being progressive, and how indirect taxes like GST are regressive, forms the basis of our study.


The overall aim of this research is to provide a concise but elaborate relationship between taxation and equality in India from which valuable conversations can be developed for policymakers, legal scholars, and taxpayers.


Keywords: Taxation, Right to Equality, Indian Constitution, Article 14, Tax Policy, Judicial Interpretation, Economic Justice



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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