Role of the Judiciary and the Right to Equality under the Indian Constitution: A Critical Study

The judiciary is responsible for maintaining the right to equality provided in the Constitution of India, on one hand, by its interpretative role and on the other hand, by its enforcing role. The study critically analyzes the role of judiciary in protection of equality by way of important Supreme Court judgments & judicial interpretation of Articles 14 to 18. This shows the journey of the equality rights in India from an historical perspective by discussing how judicial activism increased the scope of the rule of law by making legal provisions to protect the marginalized communities and how systemic inequalities, political influences and debates on judicial restrain affect the expansion process of the rule of law. The research considers the role of judiciary as one of the social transformers and creating a more inclusive legal framework for India. Finally, future prospects require further judicial involvement in ensuring a substantive equality in a continuously changing socio 'political environment.

Authors

Publication Details

Journal
International Journal For Multidisciplinary Research
Published
2025-02-21
DOI
https://doi.org/10.36948/ijfmr.2025.v07i01.37422
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
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article

Role of the Judiciary and the Right to Equality under the Indian Constitution: A Critical Study

Sudipto Roy, Puja Chiti -
International Journal For Multidisciplinary Research
Law in Society and Culture
article

Role of the Judiciary and the Right to Equality under the Indian Constitution: A Critical Study

Sudipto Roy, Puja Chiti -
article en

Abstract

The judiciary is responsible for maintaining the right to equality provided in the Constitution of India, on one hand, by its interpretative role and on the other hand, by its enforcing role. The study critically analyzes the role of judiciary in protection of equality by way of important Supreme Court judgments & judicial interpretation of Articles 14 to 18. This shows the journey of the equality rights in India from an historical perspective by discussing how judicial activism increased the scope of the rule of law by making legal provisions to protect the marginalized communities and how systemic inequalities, political influences and debates on judicial restrain affect the expansion process of the rule of law. The research considers the role of judiciary as one of the social transformers and creating a more inclusive legal framework for India. Finally, future prospects require further judicial involvement in ensuring a substantive equality in a continuously changing socio 'political environment.

International Journal For Multidisciplinary ResearchVol. 7(1)
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Openalex Percentile: Top 95%
Law in Society and Culture
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