RIGHT TO EQUALITY:-Equality before the law/ Prohibition of discrimination/Equality of Opportunity/ Abolition of Untouchability/ Abolition of Titles

RIGHT TO EQUALITY

Articles 14 to 18 provide the right to equality in Part 3 of the Constitution.

Equality before the law

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. Natural justice is embedded in it.

'Person' - citizen, non-citizen and legal person (corporation, company etc.)

Equality before the law - that is, there is no small big before the law. Every person is subject to the law of the country.

• Concept derived from the British Constitution

• A negative concept

• This is similar to Daiichi's rule of law..

Equal Protection of the Law’s - In any method made in the country, everyone will get equal protection without any discrimination.

• Concept derived from US Constitution

• A positive concept

Note: - Article 14 prohibits class discrimination but allows classification i.e. the law will be same for the people of the same class right now, but the classification should not be arbitrary.

Classification can be done on some grounds like -

• Based on education

• Based on geographical location

• Depending on the nature of the individuals

• In favor of the state etc.

# Royappa vs. State of Tamil Nadu - Equality and arbitrariness are enemies of each other.

# Chiranjeet Lal vs. Union of India – ‘Person’ is a class himself.

# Javed vs. State of Haryana - The law disqualifying people with more than two children for the post of Panch or Sarpanch does not violate the right of Article 14.

Some exceptions to the right to equality -

• Privileges granted to President and Governor (Article 361)

• Special Rights received by Members of Parliament

• Article 15 (3) - Special provision can be made for women and children by the state.

• Article 15 (4) - Special provision for socially and educationally backward, scheduled tribes, scheduled castes.

PROHIBITION OF DISCRIMINATION ON  CERTAINE  GROUNDS

Article 15: - ‘Prevents the state from making any distinction among citizens’.

• 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.

Exceptions - Apart from these, there can be differences on the basis of language, place of residence.

• 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 places 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.

• Article 15 (3) :-The state can make separate arrangements for women and children.

The Protection of Women from Domestic Violence Act, 2005 was declared constitutional in Paulraj v. Union of India case.

• Article 15 (4) :- State can make special provisions for Scheduled Castes and Scheduled Tribes, Social and Educational Backwards (added to the First Constitution Amendment in 1951).

- added under Madras State v. Champakam Doirajan case.

• Article15 (5) :- The State may make special provisions in relation to admission in private educational institutions for Scheduled Castes and Scheduled Tribes, Social and Educational Backwards (added under the 93rd Constitution Amendment in 2005).

Note: - Minority educational institution is outside its scope.

The 93rd Amendment was declared constitutional under Ashok Thakur vs Union of India case.

  Article 15 (6A) -The State may make special provisions for the advancement of economically weaker sections (EWS) of citizens other than those referred to in Clause (4) and Clause (5).

Article 15 (6B) - All types of educational institutions ( including

private educational institutions, whether aided or unaided by the state) except the minority educational institutions, specified in article 30 for the advancement of economically weaker sections (EWS) of citizens other than those mentioned in clause (4) and clause (5).

 In the case of reservation, in addition to the existing reservation, there can be a maximum of 10 percent of the total seats in each category.

Added by the 103rd Constitution Amendment in January 2019.

Equality of Opportunity in Public Employment

ARTICLE 16: - Equality of opportunity in public employment

• Article 16 (1): - All citizens will get equal opportunity in matters of employment or appointment to any office under the State.

 • Article 16 (2): - In relation to any employment or position under the State, citizens will not be discriminated only on the basis of religion, descent, caste, place of birth, sex and residence and origin.

NOTE :- Here equality does not mean freedom from abilities and standards.

• Article 16 (3): - Parliament can make rule of eligibility for residence in certain services in the state (e.g. in Himachal Pradesh, Tripura, Manipur).

• Article 16 (4): - State can make provision of reservation in respect of Scheduled Castes and Scheduled Tribes and Other Backward Classes.

 In Indrasahni vs. Union of India, 27% reservation received by OBCs was considered valid.

Article 16 (4A): - Provision for reservation in promotion for Scheduled Castes and Scheduled Tribes (added under 77th Constitution Amendment Act).

Article 16 (4B): - Carry forward rule - If some of the reserved places cannot be filled in any year, then such outstanding reserved places will be considered as a separate category. And it will not be considered a violation of the 50% reservation limit.

• Article 16 (5): - The provision to appoint people of a particular religion or sect as an officer or member of any religious or communal institution will be valid. Therefore, in some cases, discrimination can be done on the basis of religion.

 • Article 16 (6): - Apart from clause (4), the State can make provision for reservation in appointments and posts in favor of the economically weaker sections of citizens. This reservation, in addition to the existing reservation, can be a maximum of 10 percent of the posts in each category. This reservation is only for the economically weaker sections (EWS).

Note: - Article 15 (6A), (6B) and Article 16 (6) have been added by the 103rd Constitution Amendment Act in January 2019.  The economically weaker sections (EWS) for these articles will be those which are decided by the state from time to time on the basis of household income and other indicators.

Abolition of Untouchability

Article 17 - Abolition of Untouchability

 This right is available to the individual not only against the state but also against private individuals.

Protection of Civil Rights Act 1976 – Untouchability Offenses Act 1955 is an amended form.

Abolition of Titles

Article 18:- Abolition of Titles

• It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen or a foreigner.

• No Indian citizen shall accept any degree from a foreign state.

• A person who holds a position of any benefit or trust in India will accept a title from a foreign state only with the consent of the President.

Note: - The provisions of Article 18 are only directive, not prescriptive.

Balaji Raghavan vs. Union of India case (1996): Bharat Ratna, Padma Vibhushan, Padma bhushan and Padma Shri ornamentation do not come under the word 'title'.