JUDGMENT :

Part III of the Constitution of India, which deals with fundamental rights, has its own special status in our constitutional scheme. Article 13(2) of the Constitution declares that State shall not make any law which takes away or breaches the rules conferred by this part and any law made in contravention of this clause shall, to the extent of contravention, be void. The expression ‘law’ for the purpose of sub-clause (2) of Article 13 has been explained in sub-clause (a) of Article 13(3) to include any ordinance/order/bye-law/rule/regulation/notification/custom or uses.

2. Articles 14 and 21 of the Constitution are heart and soul of the Constitution of India. Whereas Article 14 prohibits the State, within the meaning of Article 12 of the Constitution, to deny any person equality before the law or equal protection of laws within the territory of India, Article 21 prohibits deprivation of life or personal liberty of a person except according to the procedure established by law. Article 16 guarantees equality of opportunity for all citizens in the matters relating to employment or appointment to any office under the State. Article 16 is, manifestly, an incident to or an instan