Formal and Substantive Equality

  • Mandar Govindrao Latpate
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  • Mandar Govindrao Latpate

    Student at National Law University, Nagpur, India

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Abstract

This research paper delves into the crucial concepts of formal and substantive equality in the context of Indian society and its constitution. Formal equality, which advocates equal treatment for all, and substantive equality, which emphasizes equitable outcomes based on individual needs, are examined. The paper explores how the Indian constitution addresses these two forms of equality and the importance of striking a balance between them. It highlights the limitations of formal equality and the necessity of substantive measures to address societal disparities effectively. The study employs a doctrinal research methodology, drawing from secondary references such as articles, books, newspapers, and opinion pieces. In conclusion, the research underscores the significance of substantive equality in promoting fairness and equal opportunities for marginalized groups.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1743 - 1750

DOI: https://doij.org/10.10000/IJLMH.115977

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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