Domicile as Ground of Reservation vis-à-vis Right to Equality: A Critical Analysis



To commence with, the following presentation will be outlying on the topic titled domicile as ground of reservation in relating to right to equality. The critical analysis of the topic will be also projected alongside with the relevant case laws and possible articles to bring light to the right to equality, hence the identification of the topic.


To come up with the novelty of the topic the author will be more concerned in bringing the quality to this presentation as a catalyst for the readers to have a deeper understanding when it comes to right to equality on different grounds whether it may be on religion, race, caste, sex, descent place of birth, residence just to mention but just a few as the right to equality is also supported by article 14 of the Indian Constitution.


What is equality?

Equality is defined as a mechanism that states that every individual has an equal opportunity to make things meet in their lives. It is also the belief that no one should have terrified life nevertheless of the way they were born, where they come from, what they believe, or whether they have a disability.Eventhough if there is no absolute equality the idea is be treated with caution to meet the fundamental rights of the citizens .
As referring to Article 14 of the lndian Constitution any person equality before the law or the equal protection of the laws within the territory of India. Moreover, domicile is also being viewed or highlighted as one of the grounds of article 14 and has been defined as a place you intend to make your permanent home.


According to Article 14 of the lndian Constitution, Right to equality is one of the six fundamental rights in the Indian constitution. There should be equality before law, there should be no discrimination on grounds of race, religion, gender, and caste or birth place.
With the support of article 14 of the lndian Constitution, the idea of residence is also of paramount importance since it governs a person’s status and their property.

Relevant case law which talks about right to equality : The concept of equality on the place of stay or residence is being implied for equals and aims at striking down hostile discrimination or oppression of inequality this is supported by several cases.


From the definition, social impact means any significant or positive changes that solve or at least address social injustice and challenges. To some extent the social impact can be negative or positive hence this presentation will be more concerning on the positive one which is
Equality is a mechanism that every individual has an equal opportunity to make things meet in their day to day lives . It is also the belief that no one should have an excruciating life regardless of where they were born, where they come from, what they believe, or whether they have a disability.


The government seeks to uplift equal rights, opportunities and responsibilities for both genders (men and women).
Again one of the main concept or idea of the gender equality policy is to strengthen the total emancipation of women and raise the percentage of women empowerment.


To sum up , the term quality has been defined and described as an equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles .and apart from this it promotes and give people their human rights and fundamental freedoms, across the range of social, cultural, economic, civil and political rights, including in accessing social benefits, health services, educational and employment opportunities, just to mention but a few .

Author: Aznar Daitai Chimamiro,
Lovely Professional University, second year, studying B A. L.L.B HONS DEGREE

Leave a Comment