Constitutional Law Assignment Essay On Equality Before Law Under The Indian Constitution (ARTICLE 14-18) Vasanth S BC0190050
Constitutional Law Assignment Essay On Equality Before Law Under The Indian Constitution (ARTICLE 14-18) Vasanth S BC0190050
ASSIGNMENT
ESSAY ON EQUALITY BEFORE LAW UNDER THE INDIAN
CONSTITUTION
(ARTICLE 14-18)
VASANTH S
BC0190050
INTRODUCTION:
The equality of the citizens of our country and the race, caste, sex, religion and birth place are
defined by Articles 14 to 18. We have a liberal Indian Constitution. All persons have the same
right to speak, to work, to live & any other and equal opportunities in matters of state
employment. Citizens can only have the right. Untouchability is abolished in the Indian
Constitution and it is prohibited in any way in practice. Disability enforcement arising from
untouchability should be punishable under the law.
The right to equality by giving fair treatment guarantees equal rights to all citizens, forbids
discrimination on different grounds, recognizes everyone as equal in public jobs and removes
untouchability and things such as addressing as sir, Ji Saab, which were followed in the
colonised time period in our country. Some of the possible types of equality are Natural, Social,
civil, Political, Economic and Legal. One of the fundamental rights enshrined in the
Constitution of India is the right to equality. What this right means and entails is really
important to be aware of by every citizen of the country.
ARTICLE 14:
The article 14 of the Indian Constitution states that the State shall not deny to any person
equality before the law or equal protection of the laws within the territory of India. This article
says that all the citizens will be treated as one before the law and the country also protects
everyone equally in such a manner that the law will treat everyone in the country in a same
manner.
ARTICLE 15:
The article 15 of the Indian Constitution states that the state shall not any discriminate against
any citizen on ground only of religion, race, caste, sex, place of birth or any of them. So this
article basically prohibits discrimination of people within the country, No citizen shall, on
grounds only of race, caste, place of birth, sex, religion or any of them, be subject to any
liability, disability, restriction or condition with respect to roaming in public places, making
use of things which are brought down for the common and general people by the State, this
also talks about the special provision that can be made for women and children and for people
of backward classes as well. So basically the effect of the operation of an act is to discriminate
the citizens on any grounds mentioned in the article the act will be unconstitutional.
ARTICLE 16:
The 16 article of Indian constitution talks about the equality of opportunity in matters of
employment under the state and this right under this article is available to citizens of India only.
In matters of employment also, it is impossible to treat all persons alike. On the grounds like
caste, religion, race, place of birth, residence or even descents, no citizens to be discriminated
in terms of employment or appointment. In terms of employment also, it is impossible to treat
all persons in a same manner and equality only means equal treatment to equals. Article 16
shall not preclude a fair classification..
ARTICLE 17:
The article 17 of the Indian Constitution tackles our country's peculiar issue. Whatever the
lovable essence of the caste system may it be, it was an embarrassment for humanity, a danger
to union and a severe impediment to our country's social, educational and economic growth.
The treatment of higher caste Hindus schedule castes in India can be comparable to that offered
to Black men in America by white people at least until the mid-20th century, while castes in
India had a marginally better role in the eyes of the law than Black people of the United States
of America. Gandhi Ji and other freedom fighters realized that these castes had to be equal in
their treatment not only for the nation to gain liberty, but also for the world to prosper after
independence.
ARTICLE 18:
The abolition of title’s been brought out in the article 18 of the Indian Constitution. No title is
bestowed by the State, as a non-military, or academic distinction, no citizen of India accepts
any title in a Foreign country, Though not a citizen of India acknowledge, without the
permission of a President of any Foreign State, No citizen who holds any place of benefit or
trust in accordance with the provisions of the State, accept any title in that country from any
other Foreign State. However awards like Padma Shri, Padma Bhushan, Padma Vibhushan,
Bharat Ratna and military honours like Ashok Chakra, Param Vir Chakra are exceptional in
this article 18.
CONCLUSION:
The right to equal rights is seen as an inalienable human right and plays an important role in
raising the numerous backward classes. This right leads to the achievement of social and
economic justice. In order to ensure equality and fairness in society that forms the primary
motive of the principle of equality, factors such as vagueness about the scale of the right to
equal opportunity, amendments to judicial tests, misunderstandings regarding them, failures to
enforce them in certain important areas have to be addressed. Courts shall ensure the effective
interpretation of the right to equality to achieve the goals set by the Constitutional system.