Seminar Course 1

Analysis of a Right to Equality Under the Constitution of

India

Name : Atiya Akbani

College/Institution : Late Govindrao Wanjari College of Law, Nagpur

Class : B.A. LL.B. (First Sem)

Subject : Political Science

ABSTRACT
In the rule of law, all person are equal before law, all of them shall be provided
with equal protection of law; all the person of the country shall be under the
ordinary law of the land and ordinary courts; the law shall be supreme and there
shall be no arbitrariness. No one is above law, irrespective of his post or
position. The right of equality conferred by Article 14 is not an absolute right.
The state may enforce independent laws for different classes of people on the
basis of the following classifications – [1] object and purpose; [2] geographical
atmosphere; [3] special protection to the weaker classes of people for providing
them social, educational, political or economic justice; [4] special courts and
procedure; [5] tax-legislation; [6] demand of the time; [7] national/public
interest, progress and development.

INTRODUCTION
• The constitution promises ‘equality before law’ to all citizens and prohibits
discrimination on grounds of religion, caste, sex or place of birth. Equality of
opportunity in public employment is guaranteed. Practice of untouchability is
prohibited and made an offence. Conferring of title is also prohibited. This is
especially significant in view of title like Nawabs, Rajas and Rai Sahibs which
made distinctions of status before Independence.

The first foremost thing which need to understand the theme of the equality
under the Indian Constitution. We have been reading this that there are phases in
Article 14 [Equality 1 before law – The State shall not deny to any person
equality before the law 2 or the equal protection of the laws 3 within the
territory of India].

The right to equality is a fundamental principle enshrined in the Constitution of

India, which serves as the cornerstone of a democratic society. This paper
analyzes the various dimensions of the right to equality, as articulated in the
Constitution, and explores its implications for social justice, individual rights,
and the rule of law.

It examines the relevant articles, judicial interpretations, and socio-political

contexts that shape the understanding and application of this right in
contemporary India. The paper also discusses the challenges and limitations
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faced in the realization of equality, highlighting the ongoing struggle for social
justice among marginalized communities.

The Constitution of India, adopted in 1950, is a comprehensive legal document

that outlines the framework for governance and the fundamental rights of
citizens. Among these rights, the right to equality is of paramount importance,
reflecting the values of justice, liberty, and fraternity.

The framers of the Constitution recognized the historical injustices faced by

various sections of society and sought to establish a legal framework that
promotes equality and prohibits discrimination.

The right to equality is enshrined primarily in Articles 14 to 18 of the

Constitution. Article 14 guarantees equality before the law and equal protection
of the laws. Article 15 prohibits discrimination on grounds of religion, race,
caste, sex, or place of birth. Article 16 ensures equality of opportunity in matters
of public employment. Article 17 abolishes untouchability, and Article 18
prohibits titles of nobility. Together, these provisions form a robust framework
aimed at promoting social equality and preventing discrimination.

Ambedkar, in particular, played a crucial role in shaping the discourse on

equality. As the chairman of the Drafting Committee of the Constitution, he
advocated for the inclusion of provisions that would protect the rights of
marginalized communities, including Scheduled Castes and Scheduled Tribes.
His vision of an egalitarian society was instrumental in framing the
constitutional provisions that guarantee equality.

LEGAL PROVISION

1. Article 14: Equality Before Law

Article 14 of the Constitution of India states, "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 establishes two key principles: the notion of
equality before the law and the principle of equal protection of the laws.

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Equality Before the Law: This principle signifies that every individual,
regardless of their status,is subject to the same laws. It negates any special
privileges based on arbitrary distinctions and ensures that no person is above the
law.
Equal Protection of the Laws: This principle mandates that individuals in
similar circumstances must be treated equally. It allows for reasonable
classification but prohibits arbitrary discrimination. The judiciary has
interpreted this provision to strike down laws that perpetuate inequality and
discrimination.

2. Article 15: Prohibition of Discrimination

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex,
or place of birth.It is a vital provision that seeks to eliminate social injustices
and promote inclusivity. The article also empowers the State to make special
provisions for the advancement of socially and educationally backward classes,
Scheduled Castes, and Scheduled Tribes.

3. Article 16: Equality of Opportunity in Public Employment

Article 16 ensures equality of opportunity for all citizens in matters of public
employment. It prohibits discrimination in recruitment and employment in
government services. The article also allows for the reservation of positions for
marginalized communities, recognizing the need to address historical injustices
and promote representation.

4. Article 17: Abolition of Untouchability

Article 17 explicitly abolishes untouchability and forbids its practice in any
form. This provision is a significant step towards dismantling the caste system
and promoting social equality. The practice of untouchability has been a source
of immense suffering for millions of people in India,and this constitutional
mandate seeks to eradicate such discriminatory practices.

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JUDICIAL INTERPRETATION
The Indian judiciary has played a pivotal role in interpreting and enforcing the
right to equality.Landmark judgments have shaped the understanding of equality
and its implications for various marginalized groups.

1. Kesavananda Bharati v. State of Kerala (1973)

In this landmark case, the Supreme Court established the "basic structure"
doctrine, asserting that certain fundamental features of the Constitution,
including the right to equality, cannot be altered or destroyed by amendments.
This ruling reinforced the significance of equality as a foundational principle of
the Constitution, ensuring that any legislative or executive action must align
with the core values of justice and equality.

2. Maneka Gandhi v. Union of India (1978)

This case expanded the interpretation of Article 14, emphasizing that the right to
equality is not merely a procedural guarantee but also encompasses substantive
rights. The Supreme Court held that any law that violates the principles of
natural justice or is arbitrary would be struck down as unconstitutional. This
judgment underscored the importance of fairness and reasonableness in the
application of laws, thereby enhancing the protection of individual rights.

3. Indira Sawhney v. Union of India (1992)

In this case, the Supreme Court addressed the issue of reservations for Other
Backward Classes (OBCs) in public employment. The Court upheld the validity
of reservations while also establishing the "creamy layer" principle, which
excludes socially advanced individuals within the OBC category from availing
of the benefits. This judgment highlighted the need for a balanced approach to
equality, recognizing the importance of affirmative action while ensuring that it
does not perpetuate inequality.

4. Shayara Bano v. Union Of India (2017)

In this case, the Supreme Court ruled that the practice of instantaneous triple
talaq (Talaq-ul-biddat) was unlawful. The court noted that equality of status was
a manifestation of the fundamental right to equality protected by Article 14.

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SOCIAL IMPLICATIONS
The right to equality has profound social implications, influencing various
aspects of Indian society, including education, employment, and political
representation. Despite the constitutional guarantees, the realization of equality
remains a challenge due to entrenched social norms, economic disparities, and
systemic discrimination.

1. EDUCATION
Access to quality education is a critical factor in promoting equality. While the
Right toEducation Act (2009) aims to provide free and compulsory education to
children, disparities persist in access and quality, particularly for marginalized
communities.

2. EMPLOYMENT
The right to equality in employment is crucial for social mobility and economic
empowerment.While affirmative action policies have been implemented to
promote representation of marginalized communities in public employment,
challenges such as discrimination in the private sector and lack of awareness
about rights continue to hinder progress. Ensuring equal opportunities in the job
market is vital for fostering an equitable society.

3. POLITICAL REPRESENTATION
Political representation is another area where the right to equality plays a
significant role.Despite constitutional provisions for reservations in legislative
bodies, underrepresentation of women and marginalized communities remains a
pressing issue. Promoting inclusive political participation is essential for
ensuring that diverse voices are heard and considered in the decision-making
process.

CHALLENGES AND LIMITATIONS

Despite the constitutional guarantees and judicial interpretations, the realization
of the right to equality faces several challenges:

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 1. Social Attitudes: Deep-rooted social attitudes and prejudices continue to
perpetuate discrimination and inequality. Changing societal perceptions is
crucial for fostering a culture of equality.
2. Economic Disparities: Economic inequalities often intersect with social
identities,exacerbating the challenges faced by marginalized
communities. Addressing economic disparities is essential for achieving
substantive equality.
3. Implementation Gaps: While laws and policies exist to promote
equality, implementation remains a significant challenge. Ensuring
effective enforcement of legal provisions is vital for translating
constitutional guarantees into reality.
4. Political Will: The commitment of political leaders and institutions to
uphold the right to equality is crucial. Political will is necessary to
address systemic inequalities and promote social justice.

BENEFITS ENJOYED BY THE PRESIDENT AND THE GOVERNOR

As we have read earlier, Article 14 states that everyone should be treated
equally without any discrimination. Only reasonable classification is permitted
under this Article. But there are certain benefits that the President and the
Governor of the State enjoy, which are as follows:
• They cannot be questioned for any activities that they do while carrying out
their duties in their offices.
• They are not subjected to any kind of criminal proceedings during their tenure.
(Article 361)
• They cannot be arrested or imprisoned during their tenure.
• They are not subjected to any civil proceedings during their tenure, even if any
act is done by them in their personal capacity.

BENEFITS ENJOYED BY THE MEMBERS OF PARLIAMENT AND

THE LEGISLATURE
Some benefits enjoyed by the members of Parliament and the Legislature are as
follows:
• The members of Parliament are not subjected to any civil or criminal
proceedings in case a member of Parliament says anything that is disliked by
another member or casts a vote against him.
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• The members of the State Legislature are not subjected to any civil or criminal
proceedings in case a member of Parliament says anything that is disliked by
another member or casts a vote against him.
• A person is not subjected to civil or criminal proceedings in case of the
publication of any true report of the proceedings of parliament in any newspaper
or article.
• The members of Parliament or the State Legislature are not obliged to attend
proceedings in court for any criminal or civil matter while the session is going
on. (Article 361-A)
• The members of Parliament or the State Legislature cannot be questioned by
any court for their opinions, speeches, or votes made during the session. (Article
105 and Article 194)

ESTABLISHMENT OF SPECIAL COURTS

Special Courts were established after the approval of the Special Courts Bill,
1978. Justice Chandrachud explained and elaborated on this aspect by relating it
to the principle of the doctrine of reasonable classification, which is an
exception to Article 14. It was held that equality before the law is not absolute.
There are several exceptions to this Article that are made for the purpose of
equitable treatment in all spheres of society. One such exception is Article
246(2), where it is stated that the State Legislature has the right to address any
matter that is incorporated in List III of the seventh schedule, regardless of
clause (3), and subject to clause (1) of the Article. In the landmark case of In
Re: The Special Courts Bill vs. Unknown (1979), the question was raised to
determine whether the creation of special courts was in any way violating
Article 14 of the Indian Constitution. This case was filed to determine whether
constituting special courts under the Act is legitimate or not. It was held to be
legal and constitutionally valid.

CONCLUSION
The right to equality is a fundamental tenet of the Constitution of India,
reflecting the nation's commitment to justice, liberty, and fraternity. While
significant progress has been made in promoting equality through constitutional
provisions and judicial interpretations, challenges remain in realizing this right
for all citizens. A concerted effort is needed to address social attitudes,
economic disparities, and implementation gaps to ensure that the promise of
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equality is fulfilled. The ongoing struggle for social justice among marginalized
communities underscores the importance of vigilance and advocacy in
safeguarding the right to equality in India.

REFERENCES

Books:
1. Author: Nayan Joshi - Lawmann’s Constitution of India (2022),
Publication:M/s. Kamal Publishers, Part : III, Pg No. : 4 - 6.

2. Autor: Saurabh Kirpal - Who Is Equal? The Equality Code Of The

Constitution.

Cases:
1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.
2. Maneka Gandhi v. Union of India, AIR 1978 SC 597.
3. Indira Sawhney v. Union of India, AIR 1993 SC 477.
4. Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.

Articles:
1. Indian Journal Of Integrated Research In Law, By : Ankit, Sharda
University, Greater Noida.

Google Scholar:
1. Gautam Bhatia, BiUP General, 231, 2022.
2. Amit Shukla, Issue 5 Int'l JL Mgmt. & Human. 4, 508, 2021.
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