Right To Equality : Introduction
The right to equality is one of the most important fundamental rights guaranteed by the Constitution of India. It is enshrined in Part III (Article 14-18) of the Constitution and forms the basis of democracy and human dignity in India. It ensures that all citizens are treated equally before the law and are not discriminated on the grounds of religion, race, caste, sex, place of birth or any other criteria. It also aims to eliminate the social evils of untouchability and titles that were prevalent in pre-independence India.
The right to equality is derived from various sources, such as the Preamble of the Constitution, which declares India to be a sovereign, socialist, secular and democratic republic that secures justice, liberty, equality and fraternity to all its citizens. It is also influenced by the principles of rule of law, natural justice and human rights that are embodied in various international instruments, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The right to equality is not absolute or rigid, but flexible and dynamic. It allows for reasonable classification and differentiation based on intelligible criteria that have a rational nexus with the objective sought to be achieved. It also permits affirmative action and special provisions for the advancement of socially and economically backward classes and women and children.
The right to equality comprises of five articles that deal with different aspects of equality. They are:
| Article | Description |
|---|---|
| Article 14 | Equality before law and equal protection of laws |
| Article 15 | Prohibition of discrimination on various grounds |
| Article 16 | Equality of opportunity in public employment |
| Article 17 | Abolition of untouchability |
| Article 18 | Abolition of titles |
In this article, we will discuss each of these articles in detail and explain their significance and scope for UPSC aspirants.
Article 14: Equality before law and equal protection of laws
Article 14 states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. This article is the cornerstone of the right to equality and embodies the principle of rule of law. It applies to both citizens and non-citizens within India and covers both natural and artificial persons (such as corporations).
Equality before law means that no person is above the law and every person is subject to the same laws administered by the same courts. It implies equal subjection of all persons to the authority of law and equal treatment by public authorities. It also means that no person can claim any privilege or immunity from the operation of law.
Equal protection of laws means that every person is entitled to equal treatment in similar circumstances by the law. It implies that there should be no arbitrary or unreasonable discrimination between persons or classes of persons by the State. It also means that there should be a reasonable classification or differentiation based on intelligible criteria that have a rational relation with the object sought to be achieved by the law.
Article 14 does not prohibit all kinds of classification or differentiation by the State, but only those that are arbitrary or irrational. The test for determining whether a classification is valid or not was laid down by the Supreme Court in State of West Bengal v. Anwar Ali Sarkar (1952). According to this test, a classification must satisfy two conditions:
- It must be founded on an intelligible differentia that distinguishes persons or things that are grouped together from others left out of the group.
- The differentia must have a rational nexus with the object sought to be achieved by the law.
For example, a law that provides reservation for scheduled castes and scheduled tribes in public employment is a valid classification as it is based on an intelligible differentia (social and educational backwardness) that has a rational nexus with the object sought to be achieved by the law (social justice and upliftment).
Article 14 also does not prohibit reasonable restrictions on fundamental rights by the State in public interest. Such restrictions must be prescribed by law and must be proportionate to the object sought to be achieved. For example, a law that imposes reasonable restrictions on freedom of speech and expression in the interests of sovereignty, security, public order, decency, morality, etc. is not violative of Article 14.
Article 14 is a dynamic concept that evolves with changing times and circumstances. The Supreme Court has interpreted Article 14 in various ways to expand its scope and content. Some of these interpretations are:
- The doctrine of arbitrariness: The Supreme Court has held that any action or decision by the State that is arbitrary or irrational is violative of Article 14. Arbitrariness means lack of reasonableness or fairness or logic or transparency. For example, in E.P. Royappa v. State of Tamil Nadu (1974), the Supreme Court held that the transfer of a chief secretary by the government without any reason or justification was arbitrary and violative of Article 14.
- The doctrine of basic structure: The Supreme Court has held that Article 14 is a part of the basic structure of the Constitution and cannot be amended or abrogated by the Parliament. The basic structure is the core and essential features of the Constitution that reflect its identity and spirit. For example, in Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Parliament cannot amend the Constitution in such a way that it destroys or alters its basic structure, such as democracy, secularism, federalism, judicial review, etc.
- The doctrine of substantive due process: The Supreme Court has held that Article 14 not only requires procedural fairness but also substantive fairness in the exercise of State power. Substantive due process means that the law or action by the State must not only be fair in form but also in content and substance. It must not be oppressive, unjust or unreasonable. For example, in Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to travel abroad is a part of the right to life and personal liberty under Article 21 and cannot be taken away by the State without following a fair, just and reasonable procedure under Article 14.
Article 14 is a fundamental right that protects every person from any discrimination or arbitrariness by the State. It ensures that every person is treated with dignity and respect by the law and public authorities. It also promotes social justice and inclusion by ensuring equality of opportunity and status for all.
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 15 states that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them”. This article prohibits discrimination by the State on any of these grounds in any matter relating to public employment, access to public places, admission to educational institutions or provision of public services. It applies only to citizens and not to non-citizens.
Discrimination means any distinction, exclusion, restriction or preference based on any ground that has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of any right or freedom on an equal footing. Discrimination can be direct or indirect. Direct discrimination means treating a person less favourably than another person in a similar situation on any ground. Indirect discrimination means imposing a condition or requirement that appears neutral but has a disproportionate impact on a particular group on any ground.
Article 15 does not prohibit all kinds of differentiation by the State, but only those that are based on irrelevant or irrational grounds. The State can make reasonable classification or differentiation based on intelligible criteria that have a rational nexus with the object sought to be achieved by the law. For example, a law that provides reservation for women in local bodies is a valid differentiation as it is based on an intelligible criterion (gender) that has a rational nexus with the object sought to be achieved by the law (empowerment of women).
Article 15 also permits special provisions by the State for the advancement of any socially and educationally backward classes of citizens or for women and children. Such provisions are not considered as discriminatory as they are based on relevant and rational grounds and are aimed at achieving substantive equality and social justice for these groups. For example, a law that provides reservation for scheduled castes and scheduled tribes in educational institutions is a special provision as it is based on relevant grounds (social and educational backwardness) and is aimed at achieving substantive equality and social justice for these groups.
Article 15 also prohibits discrimination by private individuals or entities on any of these grounds in access to shops, public restaurants, hotels and places of public entertainment; or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public. This provision extends the scope of Article 15 beyond State action to private action and ensures that no citizen is denied access to public places or services on any ground.
Article 15 also empowers the State to make any special provision for women and children; for socially and educationally backward classes; for scheduled castes; for scheduled tribes; for advancement of any socially and educationally backward classes; for advancement of economically weaker sections; for admission to educational institutions including private educational institutions; for reservation in matters relating to promotion to any class or classes; etc.
Article 15 is a fundamental right that protects citizens from any discrimination by the State or private individuals or entities on grounds only of religion, race, caste, sex, place of birth or any of them. It ensures that every citizen enjoys equal rights and opportunities in matters relating to public employment, education, public places and public services. It also enables the State to make special provisions
for the advancement of any socially and educationally backward classes or for women and children. It also promotes social justice and inclusion by ensuring substantive equality and affirmative action for these groups.
Article 16: Equality of opportunity in matters of public employment
Article 16 states that “there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State”. This article prohibits discrimination by the State on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them in any matter relating to public employment. It applies only to citizens and not to non-citizens.
Public employment means any employment under the State or any local or other authority within the territory of India or under the control of the Government of India or any corporation owned or controlled by the State. It includes both civil and military services. It does not include employment under private individuals or entities.
Article 16 does not prohibit all kinds of differentiation by the State, but only those that are based on irrelevant or irrational grounds. The State can make reasonable classification or differentiation based on intelligible criteria that have a rational nexus with the object sought to be achieved by the law. For example, a law that prescribes minimum educational qualifications for public employment is a valid differentiation as it is based on an intelligible criterion (education) that has a rational nexus with the object sought to be achieved by the law (efficiency).
Article 16 also permits reservation by the State in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Such reservation is not considered as discriminatory as it is based on relevant and rational grounds and is aimed at achieving substantive equality and social justice for these groups. For example, a law that provides reservation for scheduled castes and scheduled tribes in public employment is a reservation as it is based on relevant grounds (social and educational backwardness) and is aimed at achieving substantive equality and social justice for these groups.
Article 16 also empowers the Parliament to make any law prescribing residence as a condition for certain classes of employment or appointment under a State or Union Territory or local authority or other authority. Such law is not considered as discriminatory as it is based on relevant and rational grounds and is aimed at achieving administrative efficiency and regional balance.
Article 16 also empowers the State to make any provision for reservation in matters relating to promotion to any class or classes of posts in the services under the State in favour of scheduled castes and scheduled tribes which, in the opinion of the State, are not adequately represented in the services under the State. Such provision is not considered as discriminatory as it is based on relevant and rational grounds and is aimed at achieving substantive equality and social justice for these groups.
Article 16 also empowers the State to make any provision for reservation in matters relating to admission to educational institutions including private educational institutions; for advancement of any economically weaker sections; etc.
Article 16 is a fundamental right that protects citizens from any discrimination by the State on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them in matters relating to public employment. It ensures that every citizen has equal opportunity and access to public services and offices under the State. It also enables the State to make reservation or special provisions for the advancement of any backward class of citizens or for scheduled castes and scheduled tribes. It also promotes social justice and inclusion by ensuring substantive equality and affirmative action for these groups.
Article 17: Abolition of untouchability
Article 17 states that “untouchability is abolished and its practice in any form is forbidden”. This article prohibits untouchability in any form whatsoever. It applies to both citizens and non-citizens within India.
Untouchability means any form of discrimination or exclusion based on caste or birth that denies a person access to public places, services, facilities or opportunities. It also includes any form of social ostracism, segregation, humiliation or violence against a person on account of his or her caste or birth.
Article 17 abolishes untouchability as a constitutional mandate and makes its practice a punishable offence. It empowers the Parliament to enact laws to prescribe punishment for its practice in any form. For example, the Parliament has enacted the Protection of Civil Rights Act, 1955 (formerly known as Untouchability (Offences) Act) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to provide legal protection and remedies against untouchability.
Article 17 is a fundamental right that protects every person from untouchability in any form whatsoever. It ensures that every person enjoys equal dignity and respect irrespective of his or her caste or birth. It also aims to eradicate one of the most heinous forms of social evil and injustice that has plagued Indian society for centuries.
Article 18: Abolition of titles
Article 18 states that “no title, not being a military or academic distinction, shall be conferred by the State”. This article prohibits the State from conferring any title on any person, except military or academic titles. It applies to both citizens and non-citizens within India.
Title means any mark of honour, dignity or distinction conferred by the State on any person. It includes titles such as Sir, Rai Bahadur, Raja, Maharaja, etc. that were prevalent in pre-independence India.
Article 18 abolishes titles as a constitutional mandate and makes their acceptance or use a punishable offence. It empowers the Parliament to enact laws to prescribe punishment for their acceptance or use. For example, the Parliament has enacted the Prevention of Insults to National Honour Act, 1971 to provide legal protection and remedies against the acceptance or use of titles.
Article 18 also prohibits any citizen of India from accepting any title from any foreign State. It also prohibits any person who is holding any office of profit or trust under the State from accepting any title from any foreign State without the consent of the President.
Article 18 is a fundamental right that protects every person from titles conferred by the State, except military or academic titles. It ensures that every person is equal in status and dignity irrespective of his or her rank or position. It also aims to eliminate one of the sources of feudalism and aristocracy that were incompatible with democracy and republicanism.
Conclusion
The right to equality is a fundamental right that guarantees equality before law and equal protection of laws to all persons within India. It also prohibits discrimination on grounds only of religion, race, caste, sex, place of birth or any of them in any matter relating to public employment, education, public places and public services. It also abolishes untouchability and titles that were sources of social injustice and inequality in pre-independence India.
The right to equality is not absolute or rigid, but flexible and dynamic. It allows for reasonable classification and differentiation based on intelligible criteria that have a rational nexus with the object sought to be achieved by the law. It also permits special provisions and reservation by the State for the advancement of any socially and educationally backward classes or for women and children. It also empowers the Parliament and the State to enact laws to prescribe punishment for the violation of this right.
The right to equality is a dynamic concept that evolves with changing times and circumstances. The Supreme Court has interpreted this right in various ways to expand its scope and content. Some of these interpretations are:
- The doctrine of arbitrariness: Any action or decision by the State that is arbitrary or irrational is violative of this right.
- The doctrine of basic structure: This right is a part of the basic structure of the Constitution and cannot be amended or abrogated by the Parliament.
- The doctrine of substantive due process: This right not only requires procedural fairness but also substantive fairness in the exercise of State power.
The right to equality is a fundamental right that protects every person from any discrimination or arbitrariness by the State or private individuals or entities on grounds only of religion, race, caste, sex, place of birth or any of them. It ensures that every person enjoys equal rights and opportunities in matters relating to public employment, education, public places and public services. It also enables the State to make special provisions for certain classes of people.
