Shikha

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STATEMENT OF THE PROBLEM

Article 14 of Indian Constitution guarantees equality. It suggests treating everyone equally


under all conditions. The fundamental tenet of it is that those who are in similar positions
must be treated similarly. It makes the State responsible for taking all necessary actions to
ensure that the promise of equal treatment of everyone is upheld. This rule states that like
individuals should be treated similarly, yet it also states that unlike people shouldn't be
treated similarly.

However, the interpretation of judiciary plays an important role in implementing the idea of
equality under Indian legal regime. The notion of equality changes from circumstances to the
class of people that are under question. The present study is an attempt to evaluate the
evolution of concept of India and to identify the shortcomings that exist under Indian
jurisprudence.

RESEARCH QUESTIONS AND AIMS OF STUDY

1. What is the concept of equality enshrined under Article 14 of Indian Constitution?


2. What are the dimensions of equality under Indian jurisprudence?
3. Why is equality a fundamental right?
4. What s the judicial outlook under Indian regime with respect to the idea of equality?
5. What are necessary changes that are required to be adopted by Indian judiciary to tackle
emerging modern issues with reference to equality?

RESEARCH METHODOLOGY

The present study is diagnostic and critical in nature and attempts to provide possible
suggestions for the problem of ascertaining corporate criminal liability. The research material
includes primary as well as secondary sources. A major part of the study includes the
application of well-studied principles and provisions of criminal law in relation to corporate
law principles. An attempt has been made to understand the legal principles of criminal law
in relation to corporate law in India. The review of case studies and judicial pronouncements
is an essential part of the present study and research used. Several national and international
documents have been reviewed and thoroughly interpreted before attempting to use them for
the project work. The original work of the jurists and academicians is duly cited wherever
used.

SCOPE OF THE STUDY


The scope of the present study is very relevant and vast as the current circumstances
regarding the concept of equality are testing our sense of reality. The evolution of equality
and the lack of required attention to be given to this concept in present times is posing a
serious problem. This focused study on a different aspect of equality within the country. It
also focuses on how India is behind other countries which provides for a definite solution to
this global problem.

The study requires evaluating legal principles and concepts associated with inconsistencies
while determining the real sense of equality. Therefore, this research is an attempt at the
Constitutional law in India and impact of equality as a fundamental right on society at large.
This study further aims at finding the need for fresh sense of perception to re -consider the
dimensions of equality in India. The study is important to ascertain limitations and scope of
equality under the Indian regime.

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