CONTENTS

1. Introduction
2. What is Right to equality?
3. Right to equality under Article 14 with cases
4. Prohibition of discrimination on grounds of religion,
caste, race, sex or place of birth (Article 15) with cases
5. Equality of opportunity in matters of public
employment (Article 16)
6. Abolition of Untouchability (Article 17)
7. Abolition of titles (Article18)
8. Conclusion
9. References
Introduction

Part III of the Indian Constitution guarantees certain basic rights to all the
citizens of India irrespective of their caste, race, birthplace, religion or gender.
These basic rights are known as Fundamental Rights which are justifiable. Dr.
B. R. Ambedkar referred these as the most citizen part of the constitution.
These are deemed an essential part of the constitution as they protect the
rights and liberties of the citizens of the country against any misuse or
intrusion by the government with the power delegated to them in a
democracy. These are the negative obligations of the state and citizens. These
rights try to achieve the goals set out in the Preamble, of justice, liberty,
equality, fraternity, and dignity.

The fundamental rights are classified under six heads under the constitution:

Right to equality (Art. 14 – Art 18)

Right to freedom (Art. 19 – Art 22)

Right against exploitation (Art.23- Art. 24)

Right to freedom of religion (Art 25- Art.28)

Right to minorities (Cultural and educational rights) (Art 29- Art 30)

Right to constitutional remedies (Art. 32 – Art. 35)

What is Right to equality?

Democracy can only thrive and flourish where the individuals in the society are
treated equally and without discrimination. Thus, it was felt by the framers of
the Constitution to incorporate such provision to remove the hurdle of existing
social and economic inequalities and enable the diverse communities of the
country to enjoy the rights and liberties guaranteed under the constitution. It
was believed to be essential to remove inequalities based on religion, social
norms, age-old traditions practiced in parts of India, like untouchability,
casteism, race discrimination, etc.

The Right to equality means the absence of legal discrimination only on

grounds of caste, race, religion, sex, and place of birth and ensures equal rights
to all citizens.

It is considered basic feature of the Indian Constitution.

The Right to equality is both a positive equality as well as a negative right.

Under the Indian Constitution, Right to equality is divided under the following
subheadings:

Equality before law (Article 14)

Prohibition of discrimination on grounds of religion, caste, race, sex or place of

birth (Article 15)

Equality of opportunity in matters of public employment (Article 16)

Abolition of untouchability (Article 17)

Abolition of titles (Article 18)

Under the Right to Equality, Article 14 provides a general application whereas

Art. 15, Art. 16, Art. 17 and Art. 18 have a specific application.

Right to equality under Article 14

‘The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.’

Article 14 tries to achieve ‘equality of status’ for all people.

It aims at establishing the ‘rule of law’ in India.

This guarantee available to both citizens and non- citizens.

It applies to all persons, natural as well as juristic.

Rule of law
The principle of Article 14, ‘equality before the law’ to a large extent based on
the concept of Rule of law as coined by A. V. Dicey. It states that all individuals,
government and other institutions should obey and be governed by law and
not by any arbitrary action by an individual or group of individuals. Whatever
be the rank or position of a person, he should come under the jurisdiction of
ordinary courts and not of any special courts. It also states that governmental
decisions should be based on legal and moral principles embedded in the
supreme law, in the case of India, the Indian Constitution. This theory of Dicey
has three pillars, they are:

Supremacy of law

There should be an absence of arbitrary power and that no person should be

punished except for a breach of law. An offense should be proved by the
authorities of the country before the ordinary courts to punish him according
to legal procedure.

2. Equality before law

All individuals, irrespective of their rank or position (poor or rich, officials or

non-officials, etc.) should be subjected to ordinary law of land which is
administered by ordinary courts. It seeks to ensure that law is administered
and enforced in a just and fair manner. It has also been embedded in Preamble
and Article 7 of the Universal Declaration of Human Rights. It implies ‘law gives
equal justice to all’.

3. The Predominance of legal spirit

Dicey believed that there should be an enforcing authority to enforce

effectively the above two principles. According to him, such enforcing
authority should be ‘courts’.
Case—

Maneka Gandhi v. UOI’1978

Facts- Maneka Gandhi was issued a passport under the Passport Act 1967. The
regional passport officer, New Delhi, issued a letter addressed to Maneka
Gandhi, in which she was asked to surrender her passport under section 10(3)
(c) of the Act in public interest, within 7 days from the date of receipt of the
letter. Maneka Gandhi immediately wrote a letter to the Regional Passport
Officer, New Delhi seeking in return a copy of the statement of reasons for
such order. However, the Ministry of External Affairs refused to produce any
such reason in the interest of the general public.

SC held that Article 14 requires observance of principles of natural justice and

the requirement of reasoned decisions.

Prohibition of discrimination on grounds of religion, caste, race, sex

or place of birth (Article 15)
Discrimination on the grounds of religion,race,etc.

ARTICLE 15(1)

‘The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.’

It is available against State

Protection under this provision can be taken by any citizen when he is

subjected to discrimination in relation to any rights, liabilities or privileges
conferred to it by the constitution.

Case- Nain Sukh Das v. State of U.P

Supreme Court quashed a State law that approved elections on the basis of
separate electorates for members of different religious communities as such
discrimination was based on religion.

A cause of action is available only when such discrimination is on the above-

mentioned grounds, and when discrimination is not based on the above
mentioned ground, the law is considered to be valid.
Religious or racial disabilities in connection with access to shops,
tanks, etc.
ARTICLE 15(2)

‘No citizen shall, on grounds only of religion, race, caste, sex, place of birth or
any of them, be subject to any disability, liability, restriction or condition with
regard to-

(a) Access to shops, public restaurants, hotels and palaces of public

entertainment; or

(b) 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 the
general public.’

Word ‘shop’ is construed in a generic sense and will include every place where
goods are sold or services are rendered.

It should be noted that under Art. 15(2)(b), a cause of action arises only when
such facilities are maintained wholly or partly by State funds or dedicated to
the use of the general public.

This guarantee is available only when such discrimination is on above-

mentioned grounds only and if such grounds are not the basis of discrimination
law will be considered valid.

Case-R. C. Poudyal v. Union of India

The court upheld the reservation of one seat in State Legislative Assembly in
favor of Sangha contending that it is not just a religious community but also a
cultural and historical community. It was asserted that it was the effect and
operation of the law which is important to find out if there are any grounds of
discrimination rather than its purpose or motive.

Special provisions for women and children

ARTICLE 15(3)
‘Nothing in this article shall prevent the State from making any special
provision for women and children.’

It implies that the Parliament has the right to make special provision.

This article is an exception to the rule against discrimination.

The intention of the framers of the constitution was to protect the interests of
children and women because these sections were considered comparatively
weaker sections of the society and the need for such provision was felt for
their upliftment.

The language of the clause is in absolute terms and gives the power to State to
make any special provisions and laws for the protection of their interest. Such
special provisions are not restricted in any sense and need not be measures
that are beneficial in a strict sense.

Rajesh Kumar Gupta v. State of U.P

In the selection of primary school teachers, reservations of up to 50 percent for

women were upheld by the court.

Special provisions for socially and economically backward classes

ARTICLE 15(4)

‘Nothing in this article or in clause (2) of Article 29 shall prevent the State from
making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes.’

Added by the Constitution (1st Amendment) Act 1951 as a result of the

judgment of Supreme Court in State of Madras v. Champakam Dorairajan

It doesn’t force the State to take any specific action for its fulfillment. It is just
an enabling section.

This guarantee is available only to citizens of India.

For the application of this provision following two issues should be taken into
consideration first:
Determination of Backward classes

The definition of ‘backward classes’ is not given anywhere in the Indian

Constitution.

However, Art. 340 in the constitution empowers the President to constitute a

commission to look into the matters and conditions of socially and
economically backward classes

It was held time and again by the Supreme Court that caste cannot be the only
criterion in the determination of the class. Caste can be one of the factors of
determination of class of SEBC’s but not the sole dominant factor.

Poverty also cannot be the sole factor for the determination of the class of
SEBC’s. All other factors should be taken into consideration while determining
such class.

2) Quantum of reservation of such classes

T. Devadasan v. Union of India

‘Carrying forward’ rule of unfulfilled quota to the next two succeeding year
was adopted by the Central Government in the Central services for SC’s and
ST’s, if suitable candidates were not available. It was invalidated because the
accumulation of the unfilled quota resulted in 64 percent in the present case. It
was construed that an exception cannot substantially dilute the general rule as
Article 15(4) is considered an exception to Article 15(1).

Equality of opportunity in matters of public employment (Article

16)
Article 16(1) -Equal opportunity should be there in matters relating to
employment and appointment to any office under the State for all citizens.

It provides only the right to equal ‘opportunity’ which means it confers only a
right to be considered for such employment and appointment to any office of
the State.

There is no rule of equality between separate and independent classes of

services.
Requisite conditions and qualifications can be laid down by the State required
for a particular designation.

The selection procedure for such employments and appointments should not
be arbitrary and should be based on some reasonable grounds.

Article 16(2)

Prohibits discrimination in respect of any appointment under the State on the

grounds of Religion, Race, Caste, Sex, Descent, Place of birth, Residence

It is available only against public employment. Private bodies can employ on

the basis of grounds prohibited in this section.

Article 16(3)

Parliament is conferred with the power to regulate the extent to which State
can depart from the law laid down in clause (2).

Such power is restricted only to State appointments and not the Union
appointments.

Abolition of Untouchability (Article 17)

‘“Untouchability” is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of “Untouchability” shall be an
offense punishable in accordance with the law.’ The word “untouchability” in
this clause has been used in inverted commas which indicates that word
should not be construed in a literal or grammatical sense but with reference to
its historical background in the country.

Under Art. 35 of the constitution, Parliament has been given the power to
make laws prohibiting such acts of untouchability. Exercising the powers and
duties conferred in Art. 17 and Art. 35, the following acts, were made by
Parliament from time to time.

Abolition of titles (Article18)

‘(1) No title, not being a military or academic distinction, shall be conferred by
the State.
(2)No citizen of India shall accept any title from any foreign State.

(3)No person who is not a citizen of India shall, while he holds any office of
profit or trust under the State, accept without the consent of the President any
title from any foreign State.

(4)No person holding any office of profit or trust under the State shall, without
the consent of the President, accept any present, emolument, or office of any
kind from or under any foreign State.’

Conclusion
The right to equality is considered basic feature of the Indian Constitution and
plays an important role in achieving social and economic justice in our society
where upliftment of certain classes is considered necessary for our country to
flourish. Its emphasis on the fundamental unity of individuals by providing
equal opportunities and treatment to all. All other privileges and liberties
follow from the right to equality. It provides every individual of the country
with all the elements essential for the development of its personality.

Thus, courts that are considered the guardians of the Constitution make
certain that the right to equality is construed in widest connotation so as to
achieve the ends intended by the framers of the Constitution.

References

www.blogipleaders.in

www.byjus.in

www.legalservicesindia.com

www.humanrights.in