Saturday, February 5, 2011

RELEVANT ARTICLES

RELEVANT ARTICLES

ARTICLE 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.

However, the Constitution allows the following exceptions to the rule of equality before the law :

* The President or the Governor of a State is not answerable to any Court for the exercise and performance of the powers and duties of office;

* No criminal proceeding is to be instituted or continued against the President or a Governor in any Court during his term of office;

* No civil proceeding in which relief is claimed against the President or the Governor can be instituted during his term of office in any Court in respect of any act done by him in his personal capacity, before or after he entered the office of President or Governor, until two months expire after notice in writing has been delivered to the President / Governor stating the nature of the proceedings, the cause of action,- and other details.

2. These apart, other exceptions, such as in favour of foreign rulers and ambassadors, also exist in accordance with international standards.

ARTICLE 15 : Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a)access to shops, public restaurants, hotels and places of public entertainment; or

(b)the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

ARTICLE 27 : Freedom as to payment of taxes for promotion of any particular religion.—No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

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