The Constitutional Conundrum: A Tale of Two Fundamental Rights
cpc generalQ: Let's start with Article 14. What does it essentially say?
A: Article 14 states that "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." It's a broad concept that ensures that all individuals are treated equally and without discrimination by the State.
Q: But what about the exceptions? How does the State get to deny equality in certain cases?
A: Ah, that's the million-dollar question! The State can deny equality when it comes to certain matters that are deemed "reasonable" under Article 15(3). For instance, if a law provides for free and compulsory education to children, it can't be argued as discriminatory because it's deemed reasonable for the larger good.
Q: Moving on to Article 19(1)(g), what does it exactly say?
A: Article 19(1)(g) states that every citizen has the right to practice any profession or occupation. Sounds simple, but it's actually a complex right that has been subject to multiple interpretations.
Q: What about the limitations? Can the State restrict this right?
A: Yes, the State can restrict this right if it's "in the public interest" under Article 19(6). This means that if the State has a compelling reason to restrict a particular profession or occupation, it can do so. However, this restriction must be proportionate to the objective being sought.
Q: How do Article 14 and Article 19(1)(g) intersect?
A: They intersect when the State tries to restrict a particular profession or occupation under the guise of public interest. If the restriction is unreasonable or discriminatory, it can be challenged under Article 14. Take the landmark case of Shah Bano vs. Mohammed Ahmed Khan (1985) for instance, where the Supreme Court held that the State's attempt to restrict the right to practice as an advocate was unreasonable and discriminatory under Article 14.
Q: Why does all this matter today?
A: It matters today because the lines between Article 14 and Article 19(1)(g) are constantly being blurred.