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THE CONSTITUTION OF INDIA ART. 14
Law made in contravention of Article 13(2) void — State of Tamil Nadu and Others v K. Shyam Sunder and Others, AIR 2011 SC 3470 : 2011 AIR SCW 5014 : 2011(8) SCC 737.
Fundamental Right cannot be waived — Basheshar Nath v Commissioner of Income Tax, Delhi and Rajasthan and Another, AIR 1959 SC 149 : (1959)35 ITR 190 (SC).
Olga Tellis and Others v Bombay Municipal Corporation and Others, AIR 1986 SC 180 : (1985)3 SCC 545.
Where the Parliament has made no law occupying the field in List III the State Legislature incompetent to legislate in that field. — State of Kerala v M/s. Mar Appraem Kuri Company Limited, 2012(5) SCJ 379 : AIR 2012 SC 2375 : (2012)7 SCC 106.
Right to Equality
14. Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the Territory of India.
COMMENTS
Article 14 ensures equality before law, equal protection of laws. (Union of India v M/s. N.S. Rathnam and Sons, AIR 2016 SC 1273 : (2015)10 SCC 681).
Access to justice is a facet of rights guaranteed under Article 14. (Anita Kushwaha v Pushap Sudan, AIR 2016 SC 3506 : (2016)8 SCC 509).
Article 14 lays down the rule of equality in the widest term, while Article 15 prohibit discrimination on grounds specified therein but covering the entire range of State activities. (Ewanlangki-e-Rymbai v Jaintia Hills District Council, AIR 2006 SC 1589 : (2006)4 SCC 748).
Practice of triple talaque - "talaq-e-biddat”, is violative of fundamental rights of Muslim women, is unconstitutional, set aside. (Shayara Bano v Union of India, AIR 2017 SC 4609 : (2017)9 SCC 1).
Contract - Award of first come first served basis - The policy of first come first served involves element of chance/accident, as such suffers from fundamental flaw. The State must adopt the policy of auction. (Centre for Public Interest Litigation v Union of India, AIR 2012 SC 3725 : (2012)3 SCC 1.
Bid of an unsuccessful tenderer cannot be accepted. (Haffkine Bio-Pharmaceutical Corporation Limited v Nirlak Chemicals, AIR 2017 SC 5063 : 2017(8) Scale 348).
Even legislations based on equity must answer the tests of equality clauses contained in Articles 14 and 16 of the Constitution of India. (Nair Service Society v State of Kerala, AIR 2007 SC 2891 : (2007)4 SCC 1).
Section 66-A of IT Act is not arbitrary, is based on intelligible differentia, is not violative of Article 14 of the Constitution. (Shreya Singhal v Union of India, AIR 2015 SC 1523 : (2015)5 SCC 1).
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