FUNDAMENTAL RIGHTS

RIGHT TO EQUALITY
Subject Code: CE(MC)501
Construction of India

Name: Santanu Das

Roll: 13001322043
Sem: 5th [ 3rd year ]
Right to Equality in the Indian Constitution
 Introduction:
The right to equality is one of the most fundamental rights enshrined in the Constitution of
India. It is guaranteed under Articles 14 to 18 of the Constitution. The right to equality is
essential for the creation of a just and equitable society. It ensures that all persons are treated
equally before the law, regardless of their religion, race, caste, sex, place of birth, or any other
ground.

 Sub-headings of the Right to Equality:

The following are the sub-headings of the right to equality, along with the relevant Articles of
the Constitution:

 Equality before the law (Article 14)

Article 14 guarantees equality before the law and equal protection of the laws to all persons
within the territory of India. This means that all persons are treated equally under the law,
regardless of their status or identity.
I. Equality before the law means that all persons are subject to the same laws and that
they cannot be discriminated against on any ground.
II. Equal protection of the laws means that the state must treat all persons equally and
cannot deny any person the protection of the law on any ground.
However, the right to equality is not absolute. The state can make reasonable restrictions on the
right to equality in the interest of general public welfare. For example, the state can make
special provisions for the advancement of women and backward classes.

 Prohibition of discrimination (Article 15)

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, place of birth, or
any of them. This means that the state cannot discriminate against any person on any of these
grounds. However, the state can make special provisions for the advancement of women and
backward classes.
The following are some examples of prohibited discrimination:
I. Discrimination on the basis of religion: The state cannot deny any person the protection
of the law or discriminate against any person in matters of public employment on the
grounds of religion.
 II. Discrimination on the basis of race: The state cannot deny any person the protection of
the law or discriminate against any person in matters of public employment on the
grounds of race.
III. Discrimination on the basis of caste: The state cannot deny any person the protection of
the law or discriminate against any person in matters of public employment on the
grounds of caste.
IV. Discrimination on the basis of sex: The state cannot deny any person the protection of
the law or discriminate against any person in matters of public employment on the
grounds of sex.
V. Discrimination on the basis of place of birth: The state cannot deny any person the
protection of the law or discriminate against any person in matters of public
employment on the grounds of place of birth.

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

Article 16 guarantees equality of opportunity in matters of public employment to all citizens.
This means that no citizen can be discriminated against in matters of public employment on the
grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them. However,
the state can make special provisions for the advancement of backward classes.
Article 16 also prohibits the state from requiring any religious qualification for public
employment. This means that the state cannot make it a condition of employment that a person
must belong to a particular religion.

 Abolition of untouchability (Article 17)

Article 17 abolishes untouchability and forbids its practice in any form. Untouchability is a social
evil that discriminates against people on the basis of their caste. Article 17 makes it clear that
untouchability is a crime and that any person who practices it is liable to be punished.

 Abolition of titles (Article 18)

Article 18 of the Indian Constitution abolishes titles, except military and academic distinctions. It
prohibits the state from conferring any titles on anybody, whether a citizen or a non-citizen.
Military and academic distinctions are, however, exempted from the prohibition. Thus, a
university can give title or honor on a man of merit.
Article 18 is important because it promotes equality and prevents the creation of a privileged
class. It also prevents the state from using titles to reward or punish individuals.
  Examples of the Right to Equality in Action:
Here are some examples of how the Right to Equality has been used to protect the rights of
citizens:
I. The Supreme Court has ruled that the practice of untouchability is unconstitutional and
that anyone who practices untouchability can be punished.
II. The Supreme Court has also ruled that women have the same rights as men to inherit
property and to hold jobs.
III. The government has enacted a number of laws to protect the rights of minorities and
disadvantaged groups, such as the Scheduled Castes and Scheduled Tribes.
IV. The government has also established a number of institutions to promote equality, such
as the National Commission for Minorities and the National Commission for Women.

 Conclusion:
The right to equality is a fundamental right that is essential for the creation of a just and
equitable society. It ensures that all persons are treated equally before the law and that they
are not discriminated against on any ground. The right to equality is not absolute, but the state
can only make reasonable restrictions on it in the interest of general public welfare.

 References:
Constitution of India, Part III, Articles 14 to 18
Supreme Court of India judgments on the right to equality
Law books and articles on the right to equality