Right to Equality

Overview

The Right to Equality is the first fundamental right guaranteed under Part III of the Constitution. It ensures that all persons are equal before the law and are entitled to equal protection of the laws. This right is not merely formal but has been interpreted by the Supreme Court to include substantive equality — equal opportunity in fact, not just in law.

The right is available to all persons (citizens and non-citizens alike), though some provisions apply specifically to citizens.

Article 14: Equality Before Law and Equal Protection of Laws

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

Key Concepts

• Equality before the law: Borrowed from the UK. No person is above the law; everyone is subject to the ordinary law of the land.
• Equal protection of the laws: Borrowed from the 14th Amendment of the US Constitution. It means that among equals, the law should be equal and equally administered.

Reasonable Classification

Article 14 does not mean that all laws must be uniform for everyone. The State may classify persons for different treatment, but such classification must satisfy the two-fold test laid down by the Supreme Court:

• Intelligible differentia: There must be a clear, rational basis for distinguishing between groups.
• Rational nexus: The differentia must have a reasonable relation to the object sought to be achieved by the law.

Landmark Cases

• State of West Bengal v. Anwar Ali Sarkar (1952): Established the principle of reasonable classification.
• R.K. Dalmia v. Justice Tendolkar (1958): Refined the test for reasonable classification.
• E.P. Royappa v. State of Tamil Nadu (1974): Introduced the concept of arbitrariness as a violation of Article 14 — "equality is antithetic to arbitrariness."
• Maneka Gandhi v. Union of India (1978): Broadened Article 14 to require fair procedure and non-arbitrariness.

Article 15: Prohibition of Discrimination

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

Key Provisions

• Article 15(1): Prohibits discrimination by the State against citizens on specified grounds.
• Article 15(2): Prohibits discrimination in access to public places (shops, hotels, wells, roads, etc.).
• Article 15(3): Allows the State to make special provisions for women and children (e.g., maternity benefits, separate educational institutions).
• Article 15(4): Added by the First Amendment (1951). Allows special provisions for the advancement of Socially and Educationally Backward Classes (SEBCs), including Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Article 15(5): Added by the 93rd Amendment (2005). Allows the State to make special provisions for SCs, STs, and SEBCs in private educational institutions (except minority institutions under Article 30).
• Article 15(6): Added by the 103rd Amendment (2019). Allows special provisions for Economically Weaker Sections (EWS) — up to 10% reservation in education.

Article 16: Equality of Opportunity in Public Employment

Text: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Key Provisions

• Article 16(1): General rule of equality of opportunity in public employment.
• Article 16(2): Prohibits discrimination in public employment on grounds of religion, race, caste, sex, descent, place of birth, or residence.
• Article 16(3): Parliament may make laws prescribing residence requirements for particular jobs (e.g., in Andhra Pradesh, Telangana).
• Article 16(4): Allows reservation for any backward class of citizens not adequately represented in public services.
• Article 16(4A): Added by the 77th Amendment (1995). Allows reservation in promotions for SCs and STs.
• Article 16(4B): Added by the 81st Amendment (2000). Allows carry-forward of unfilled reserved vacancies to future years (the "carry-over" or "backlog" principle).
• Article 16(5): Religious institutions may require particular religious affiliation for employment.
• Article 16(6): Added by the 103rd Amendment (2019). Up to 10% reservation for EWS in public employment.

Landmark Cases

• Indra Sawhney v. Union of India (1992) — The Mandal Commission case: Upheld 27% OBC reservation but struck down "creamy layer" inclusion and reservation in promotions.
• M. Nagaraj v. Union of India (2006): Upheld reservation in promotions subject to three conditions: (a) backwardness, (b) inadequacy of representation, (c) efficiency not compromised.
• Jarnail Singh v. Lachhmi Narain Gupta (2018): Reaffirmed that the "creamy layer" concept applies to SCs/STs in promotions.

Article 17: Abolition of Untouchability

Text: "Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law."

Key Points

• This is an absolute prohibition — no exceptions or reasonable restrictions apply.
• The Parliament enacted the Protection of Civil Rights Act, 1955 (formerly Untouchability (Offences) Act) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to enforce this article.
• Offences include: refusing entry to public places, refusing to sell goods, forcing scavenging work, etc.

Article 18: Abolition of Titles

Text: Prohibits the State from conferring titles (except military and academic distinctions). No citizen of India shall accept any title from any foreign State.

Key Points

• Titles like "Rai Sahib," "Khan Bahadur" were abolished.
• Bharat Ratna, Padma awards are not "titles" but awards — they are permitted.
• Citizens may not accept titles from foreign states without presidential consent.
• Foreigners holding office of profit or trust under the State may not accept gifts or titles from foreign states without presidential consent.

Sources