Right to Equality: Article 14 to 18 of Indian Constitution

Introduction

The Right to Equality is one of the Fundamental Rights enshrined in the Indian Constitution from Article 14 to Article 18. It aims to ensure that all individuals are treated equally before the law and have equal protection under the law. This right seeks to eliminate any discrimination on the grounds of religion, race, caste, sex, or place of birth. It also addresses issues related to untouchability and titles.

Articles on Right to Equality

Article 14: Equality Before Law

• Provision: Article 14 guarantees that all persons shall be equal before the law and shall be equally protected by the laws within the territory of India.
• Explanation:
• "Equality before the law" means that no person is above the law, and everyone is subject to the same laws.
• "Equal protection of the laws" means that individuals in similar situations should be treated equally.
• Landmark Judgements:
• E.P. Royappa v. State of Tamil Nadu (1974): The Supreme Court held that equality is a dynamic concept and that treating individuals or groups differently does not necessarily imply inequality.
• Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 and linked it with Article 14, emphasizing that any law must pass the test of reasonableness.

Article 15: Prohibition of Discrimination

• Provision: Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

• Sub-clauses:
• Article 15(1): Prohibits the state from discriminating against any citizen on the mentioned grounds.
• Article 15(2): Prohibits discrimination in access to public places and services.
• Article 15(3): Allows the state to make special provisions for women and children.
• Article 15(4): Allows the state to make special provisions for the advancement of any socially and educationally backward classes or for Scheduled Castes and Scheduled Tribes.
• Article 15(5): Empowers the state to make special provisions for the advancement of socially and educationally backward classes with respect to their admission to educational institutions.

• Landmark Judgements:
• State of Madras v. Champakam Dorairajan (1951): The Supreme Court struck down a government order reserving seats in medical and engineering colleges for different communities as it violated Article 15.

Article 16: Equality of Opportunity in Public Employment

• Provision: Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.

• Sub-clauses:
• Article 16(1): Ensures equal opportunity for all citizens in public employment.
• Article 16(2): Prohibits discrimination in employment on grounds of religion, race, caste, sex, descent, place of birth, or residence.
• Article 16(3): Empowers Parliament to make laws prescribing residence as a condition for certain employment.
• Article 16(4): Permits the state to make provisions for reservation in appointments or posts in favor of any backward class of citizens.
• Article 16(4A): Provides for reservation in promotion for SCs and STs.
• Article 16(4B): Allows the state to consider unfilled reserved vacancies in a year as a separate class of vacancies.

• Landmark Judgements:
• Indra Sawhney v. Union of India (1992): Upheld the reservation for OBCs but excluded the creamy layer from reservation benefits.

Article 17: Abolition of Untouchability

• Provision: Article 17 abolishes "untouchability" and forbids its practice in any form.

• Explanation:
• The practice of untouchability is made a punishable offence under the law.

• Landmark Judgements:
• State of Karnataka v. Appa Balu Ingale (1993): The Supreme Court upheld the conviction of persons practicing untouchability and emphasized the need to eradicate this social evil.

Article 18: Abolition of Titles

• Provision: Article 18 abolishes titles except military and academic distinctions.

• Sub-clauses:
• Article 18(1): Prohibits the state from conferring any titles.
• Article 18(2): Prohibits Indian citizens from accepting titles from a foreign state.
• Article 18(3): Prohibits foreigners holding office of profit under the state from accepting any title from a foreign state without the consent of the President.
• Article 18(4): Prohibits anyone from accepting any present, emolument, office, or title from or under any foreign state without the consent of the President.

Exceptions to the Right to Equality

• President and Governor Immunity: Under Article 361, the President and Governors have immunity from legal proceedings during their term of office.
• Journalists' Protection: Article 361A provides protection to journalists for publishing accurate reports of parliamentary proceedings.
• MPs and MLAs Immunity: Articles 105 and 194 provide immunity to MPs and MLAs for anything said or any vote given in Parliament or State Legislatures.
• Social Legislation: Article 31C states that laws implementing the Directive Principles contained in Article 39(b) and (c) cannot be challenged on the grounds of violating Article 14.

Landmark Judgements on Right to Equality

1.     Shayara Bano v. Union of India (2017): Triple Talaq was declared unconstitutional and a violation of Article 14.

2.     Navtej Singh Johar v. Union of India (2018): Decriminalized Section 377 of IPC, recognizing the rights of LGBTQ+ individuals.

3.     Indian Young Lawyers Association v. State of Kerala (2018): Declared the custom of barring women of menstruating age from entering the Sabarimala Temple unconstitutional.

4.     M. Nagaraj v. Union of India (2006): Stated that the state is not obligated to make reservations for SCs and STs, but if it does, it must provide quantifiable data to justify the reservation.

Key Points

• The Right to Equality is enshrined in Articles 14 to 18.
• Ensures non-discrimination on various grounds including race, religion, caste, sex, or place of birth.
• Abolishes untouchability and titles.
• Provides equal opportunity in public employment.

Relevant Articles and Case Laws

Articles:

• Article 14: Equality before law
• Article 15: Prohibition of discrimination
• Article 16: Equality of opportunity in public employment
• Article 17: Abolition of untouchability
• Article 18: Abolition of titles

Case Laws:

1.     E.P. Royappa v. State of Tamil Nadu (1974)

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

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

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

5.     Navtej Singh Johar v. Union of India (2018)

MCQs for UPSC Exam

Question 1:

Which Article of the Indian Constitution abolishes untouchability?

1.     Article 15

2.     Article 16

3.     Article 17

4.     Article 18

Answer: 3. Article 17

Explanation: Article 17 of the Indian Constitution abolishes untouchability and forbids its practice in any form.

Question 2:

Which Article of the Indian Constitution guarantees the right to freedom of speech and expression?

1.     Article 19(1)(a)

2.     Article 21

3.     Article 22

4.     Article 14

Answer: 1. Article 19(1)(a)

Explanation: Article 19(1)(a) guarantees the right to freedom of speech and expression.

Question 3:

Which Fundamental Right in the Indian Constitution prohibits traffic in human beings and forced labor?

1.     Article 23

2.     Article 24

3.     Article 21

4.     Article 22

Answer: 1. Article 23

Explanation: Article 23 prohibits traffic in human beings and forced labor.

Question 4:

Under which Article of the Constitution can the President of India proclaim a national emergency?

1.     Article 352

2.     Article 356

3.     Article 360

4.     Article 368

Answer: 1. Article 352

Explanation: Article 352 allows the President to proclaim a national emergency.

Question 5:

Which case is known for establishing the doctrine of basic structure?

1.     Golaknath v. State of Punjab

2.     Kesavananda Bharati v. State of Kerala

3.     Minerva Mills v. Union of India

4.     S.R. Bommai v. Union of India

Answer: 2. Kesavananda Bharati v. State of Kerala

Explanation: The Kesavananda Bharati case (1973) is known for establishing the doctrine of basic structure, which holds that the basic structure of the Constitution cannot be altered by amendments.

Question 6:

Which Article of the Indian Constitution deals with the right to constitutional remedies?

1.     Article 31

2.     Article 32

3.     Article 33

4.     Article 34

Answer: 2. Article 32

Explanation: Article 32 deals with the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of Fundamental Rights.

Question 7:

Which Article provides the right to education in the Indian Constitution?

1.     Article 21

2.     Article 21A

3.     Article 22

4.     Article 23

Answer: 2. Article 21A

Explanation: Article 21A provides the right to education for children aged 6 to 14 years.

Question 8:

Which Article of the Indian Constitution allows the Parliament to make laws on Fundamental Rights?

1.     Article 33

2.     Article 34

3.     Article 35

4.     Article 36

Answer: 3. Article 35

Explanation: Article 35 empowers the Parliament to make laws on matters related to Fundamental Rights.

Question 9:

Which Article of the Indian Constitution ensures equality before the law?

1.     Article 14

2.     Article 15

3.     Article 16

4.     Article 17

Answer: 1. Article 14

Explanation: Article 14 ensures equality before the law and equal protection of the laws.

Question 10:

Which Article of the Indian Constitution abolishes titles?

1.     Article 15

2.     Article 16

3.     Article 17

4.     Article 18

Answer: 4. Article 18

Explanation: Article 18 abolishes titles except military and academic distinctions.

This detailed analysis of the Right to Equality covers essential aspects relevant for UPSC exam preparation. Understanding these provisions, landmark judgments, and related constitutional articles will provide a comprehensive foundation for aspirants.