The Indian Constitution, a cornerstone of Indian democracy, guarantees fundamental rights to all citizens. Among these, the Right to Equality, enshrined in Articles 14 to 18, forms the bedrock of a just and equitable society. These articles collectively aim to establish a society free from discrimination and where every individual is treated fairly under the law.
Article 14: Equality Before Law
Article 14 is perhaps the most fundamental aspect of the Right to Equality. It declares 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 seemingly simple statement has profound implications.
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Equality Before Law: This concept means that no individual, irrespective of their status, is above the law. Everyone is subject to the same legal processes and courts. It ensures that the state will not discriminate arbitrarily against any person.
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Equal Protection of the Laws: This concept mandates that the state must treat everyone equally in similar situations. It does not mean identical treatment, but rather that individuals in similar circumstances should be treated alike, both in the application of the laws and in any other state action.
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Reasonable Classification: Article 14 does not forbid reasonable classification. The State can classify people into different categories for legitimate reasons to meet specific social and economic needs provided that the classification is not arbitrary, has a rational nexus and is not discriminatory.
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Scope of Article 14: The protection of Article 14 extends to all persons. Thus, every citizen of India and even a foreigner on the Indian soil is entitled to claim protection under Article 14 of the Constitution.
Article 15: Prohibition of Discrimination
Building upon Article 14, Article 15 prohibits discrimination on specific grounds. It states, “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”
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Prohibited Grounds: The article clearly specifies that discrimination based solely on religion, race, caste, sex, or place of birth is not permissible. This is crucial in a diverse country like India where social disparities based on these factors have historically been prevalent.
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Scope of Prohibition: This prohibition applies to various aspects of public life, including access to shops, public restaurants, hotels, and places of public entertainment. It also covers the use of wells, tanks, bathing ghats, roads, and other public spaces maintained by the state or dedicated to public use.
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Exceptions: There are exceptions to this rule. Article 15(3) allows the state to make special provisions for women and children. Article 15(4) enables the state to make special provisions for socially and educationally backward classes or scheduled castes and tribes. This is a form of affirmative action intended to uplift marginalized communities.
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Article 15 (5): Article 15 (5) empowers the State to create special provisions for any socially and economically backward class or scheduled castes and tribes in the matter of admission in any educational institution aided by the State or receiving grants from the State.
Article 16: Equality of Opportunity in Public Employment
Article 16 focuses on ensuring equal opportunities in public employment. It states, “There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”
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Equal Access: This article aims to prevent discrimination in employment based on religion, race, caste, sex, descent, place of birth, or residence. It ensures that all citizens have an equal chance to secure public sector jobs.
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Exceptions: Similar to Article 15, there are exceptions to this rule to enable the state to address historical inequalities. Article 16(4) allows for reservation of appointments in favor of any backward class of citizens, who, in the opinion of the State, are not adequately represented in the services under the State.
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Article 16 (4A) and 16 (4B): These provisions enable the State to make provisions for reservation in matters of promotions and carry forward of unfilled reserved seats in a subsequent year.
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Residence Requirement: While discrimination based on place of birth is prohibited, the State may prescribe a residence requirement for certain specific posts.
Article 17: Abolition of Untouchability
Article 17 tackles the deeply ingrained social evil of untouchability. It states, “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.”
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Complete Abolition: The article completely abolishes the practice of untouchability, considering it an affront to human dignity.
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Criminal Offense: The article also makes the practice of untouchability a punishable offense, providing a legal basis to act against it. The Protection of Civil Rights Act, 1955, was later enacted to give effect to this provision.
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Social Justice: The abolition of untouchability is a powerful commitment to social justice and equality, aimed at dismantling a discriminatory social practice.
Article 18: Abolition of Titles
Article 18 deals with the abolition of titles. It prohibits the State from conferring any title, except for military or academic distinctions.
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Abolition of Hereditary Titles: This article abolishes hereditary titles like “Raja,” “Maharaja,” etc. These titles, which perpetuated feudal hierarchies, were seen as being inconsistent with the principle of equality.
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State Award and Recognition: This article does not abolish state awards, and the State can confer awards to recognise talent, merit and for service to the nation.
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Foreign Titles: Citizens of India cannot accept any title from any foreign State without the consent of the President of India.
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Equality in Social Status: The aim of the abolition of titles is to promote equality in social status among all citizens.
Conclusion
Articles 14 to 18 of the Indian Constitution form a powerful guarantee of the Right to Equality. These articles collectively ensure that all citizens are treated equally under the law, are free from discrimination, have equal opportunities in public employment, and are protected from social evils like untouchability. The Right to Equality is not merely a legal principle; it is a cornerstone of the Indian democracy, which strives to achieve a just and equitable society for all its citizens.