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CHAPTER 11 EQUALITY AND RULE OF LAw SYNOPSIS Limits of ultra-liberal interpretation in India... ene 2) Importation of the American Doctrine of Prospective Overruling—Not Warranted.. 231 India... 231 Ultra-liberal trends in constitutional interpretation in India 221 | \ | Conventions as a source of liberal interpretation. ox | | i Article 11: International Covenant on Civil and Political Rights. Non of TheAbove (NOTA) The golden mean in constitution: interpretatiot USA. India: Article 368 Article 21: Voice of Justice and fairplay ... Function of Court is to interpret, not to make or reform the law...... West Germany India Equality In Indira’s case,’ it was contended that if Art. 14 itself was not a ‘basic feature’, the principle of ‘equality’, which was the ‘core’ of Art. 14, was a basic feature. This argument appealed to CHANDRACHUD, J. (para, 682); it was, however, rightly rejected by Mathew (paras. 333-36) and BEG., JJ. (para. 477), on the ground that all that could be said about ‘equality’ was embodied in Arts. 14—16, and that there was no principle of equality outside these specific provisions. In fact, Art. 14 itself, by assuming equality before the law and equal protection of the laws, had provided both the shell and the kernel, the skin and the core, of the principle of equality, and any attempt to import ‘equality’ as a basic structure would involve a judicial jugglery to bring in Art. 14 “through the back-door of a 1. Indira Gandhi v. Raj Narain, AIR 1975 SC 2299 (Para 332).