JURISPRUDENCE

“JUDICIAL INTERPRETATION OF FUNDAMENTAL RIGHT TO

EQUALITY IN INDIA-AN ANALYSIS”

Submitted To The Tamil Nadu National Law University in Fulfilment of The

Requirement for The Award of The Degree of B.com.LLB (Hons)

AKASH V
(BC0210005)

Submitted to
Prof.NIDEESH KUMAR
Assistant professor of law
Jurisprudence

TAMIL NADU NATIONAL LAW UNIVERSITY

(A state university established by act no.9 of 2012)

TIRUCHIRAPALLI-620027
1. INTRODUCTION

The right to equality is an essential principle of justice and fairness in every democratic
society. Article 14 of the Indian Constitution provides the right to equality and prohibits
discrimination based on religion, race, caste, gender, or place of birth. The Indian judiciary has
been significant in interpreting and broadening the scope of the Fundamental Right to Equality.
The courts have moved beyond a strict interpretation of Article 14 to include the concepts of
justice and fairness, which are essential components of equality.

Jurisprudence philosophers such as John Rawls and Amartya Sen have contributed to the
understanding and development of the concept of equality. Rawls' theory of justice as fairness
emphasizes the importance of equal basic liberties, equal opportunities, and distributive justice
in ensuring a just society. Sen's capability approach focuses on the ability of individuals to
achieve their goals and lead fulfilling lives, and how unequal opportunities and capabilities can
lead to social injustice.

In interpreting the Fundamental Right to Equality, the Indian judiciary has drawn inspiration
from these ideas, emphasizing the need of ensuring not just insignificant equality but also
substantive equality. This has resulted in the establishment of the notion of affirmative action,
which tries to advance the interests of historically excluded and oppressed groups by allowing
them to participate in society's mainstream.

1.1. STATEMENT OF PROBLEM

1.2. RESEARCH OBJECTIVES

● To analyze the judicial interpretation of fundamental rights to equality in India by

jurisprudential philosophers.
● To Analyse judicial precedents relating to article 14 in detail from a jurisprudential
perspective.
● To analyze whether theories of equality proposed by jurisprudential philosophers,
such as John Rawls and Amartya Sen, align with and are reflected in India's right to
equality as enshrined in Article 14 of the Indian Constitution

1.3. SCOPE AND LIMITATIONS

This research is on fundamental rights, article 14 of the Indian Constitution, and Indian case
laws. All of the above will be analyzed and applied to determine if they match with various
philosophers' theories of equality.

This research is restricted to the Indian constitution and Indian case laws.

1.4. RESEARCH METHDOLOGY

This research paper is a doctrinal research paper done with reference to secondary resources
on the forefront such as books, articles and journal reviews. The research is also conducted
based on statutes and rules with relevance to the concepts in research.
2. REVIEW OF LITERATURE
3. TENTATIVEW CHAPTERISATION

● INTRODUCTION
● ANALYSIS OF EQUALITY BY PHILOSOPHERS
- JOHN RAWLS
- AMARTYA SEN
● ANALYSIS OF JUDICIAL PRECEDENTS RELATING TO ARTICLE 14
● COMPARISON OF JURISPRUDENTIAL THERIOUS OF EQUALITY WITH
ARTICLE 14 OF THE INDIAN CONSTITUTION
● CONCLUSION AND SUGGESTIONS

4. BIBLIOGRPAHY