Role of the Judiciary and the Right to Equality under the Indian Constitution: A Critical Study
Year: 2025
Type: article
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.
Authors: Puja Chiti -, Subhra Pratim Roy -
Institution: St. Xavier's College (Autonomous), Kolkata
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4407802293