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Right to Equality: Short Note, Article 14 to 18 of Indian Constitution

By BYJU'S Exam Prep

Updated on: November 14th, 2023

The Right to Equality is one of the fundamental rights in the Indian constitution that is included in Article 14 to 18. It aims to prevent any kind of discrimination based on race, gender, religion, nationality, etc. Hence, the Right to Equality provides the principle of equal treatment of everyone before the law. Further, it provides Equality of opportunity in matters of public employment, prevents discrimination based on sex, race, religion, caste or birthplace, and abolishes titles and untouchability.

Right to Equality UPSC is an essential topic for aspirants preparing for the IAS Exam. Below you will learn about the Right to Equality and Article 14 of Indian Constitution along with an explanation of equality before the law and exceptions to the Right to Equality.

What is Right to Equality?

As mentioned in Article 14 of Indian Constitution, the Right to Equality is essentially an idea that all individuals are entitled to equal treatment and protection before the law. The right was included in the fundamental rights of the Indian Constitution to prevent discrimination based on characteristics such as race, gender, social class, religion, caste or birthplace.

Furthermore, there are different types of equality covered in the Constitution of India.

  • Natural Equality
  • Social Equality
  • Civil Equality
  • Political Equality
  • Economic Equality
  • Legal Equality

Right to Equality Article

Article 14 to 18 of the Indian Constitution provides the Right to Equality. The basic overview of Articles in the Indian Constitution that has the provision for the Right to Equality is as under-

Article 14 to 18

Description

Article 14 of Indian Constitution

Equality before law

Article 15

Prohibition of discrimination on the grounds of sex, race, caste, religion, or place of birth

Article 16

Equality of opportunity in matters of public employment

Article 17

Abolition of untouchability

Article 18

Abolition of titles

Article 14 of the Indian Constitution

Article 14 of the Indian Constitution declares that all individuals shall be granted equality before the law and equal protection within India’s territory. Hence, Article 14 forms the basis of the fundamental right to equality in India.

However, equality can mean different things for different states. For instance, the British concept of equality denotes:

  • Equality implies that no individual is granted any special advantages or privileges.
  • Equality means the equal subjection of all individuals to the law of the land (the Constitution) which is administered by the common courts of law.
  • No person shall be above the law. Be it someone who is rich or poor, official or non-official, etc. Hence, everyone is equal before the law.

Thus, one can say that Article 14 of Indian Constitution is essential to maintaining equal ground for the citizens and upholding the democratic values of the country.

Right to Equality Article 15

Article 15 of the Indian Constitution prohibits discrimination based on caste, race, religion, sex, or birthplace. It involves 5 Sub-clause. These Sub-clauses are as under-

  • Article 15(1)- According to Article 15(1) of the Indian Constitution, the State shall not discriminate among people on the above-mentioned grounds, i.e., caste, race, religion, sex, or birthplace. This sub-clause applies to all Indian states, and an individual can enjoy protection under this provision if he/she faces discrimination regarding liabilities, rights, or any privilege.
  • Article 15(2)- According to Article 15(2) of the Indian Constitution, any Indian citizen subject to any liability, restriction, disability, or condition can make use of roads, public resorts managed by the State funds partly or wholly, including tanks, wells, or bathing ghats. Also, they can access hotels, palaces, public restaurants and shops.
  • Article 15(3)- According to the third sub-clause of Article 15 of the Indian Constitution, the state/Parliament can make any special provision for children and women. It is an exception to the rule against discrimination. Also, as per this Article, there is a reservation of 50% for women in primary school teacher recruitment.
  • Article 15(4)- As per Article 15(4), the State can make special provisions for empowering the Scheduled Tribes, Scheduled Castes or any other educationally backward classes.
  • Article 15(5)- Article 15(5) of the Indian Constitution states that there should be reservations for the educationally and socially backwards classes. Along with this, the educational institutions that are aided by State are subjected to the exclusion of the upper and creamy layer from the other backward classes.

Article 16 of the Indian Constitution

Article 16 of the Indian Constitution has the provision to provide equal opportunities for employment for all the citizens in the State. Article 16 has the following requirements-

  • Article 16(1)- It guarantees an individual’s employment and includes initial appointments, salary matters, promotions, and termination.
  • Article 16(2)- It prohibits discrimination based on caste, race, religion, residence, sex, birthplace, or descent.
  • Article 16(3)- According to Article 16(3), the provision in Article 16(2) can be extended by the Parliament. This power is not applicable in the case of Union appointments.
  • Article 16(4)- Article 16(4) of the Indian Constitution was introduced after the Mandal Commission case as an exception to the 50% limit for backlog vacancies.
  • Article 16(5)- Article 16(5) of the Indian constitution states that appointments in a religious institution are restricted to a specific religion only.

Article 17 of the Indian Constitution

Article 17 of the Indian constitution deals with the abolition of Untouchability. According to this Article, the practice of Untouchability is not allowed and is abolished in all forms. Also, if any kind of disability results from the practice of Untouchability is a punishable offence, the Parliament can make any law to punish the same.

Article 18 of the Indian Constitution

Article 18 of the Indian Constitution deals with the abolition of the following-

  • The State shall not confer any title except for military or academic designations.
  • Also, the titles should not be accepted by a foreign state and abolished like Khan Bahadur or Rai Bahadur.
  • Awards like Param Vir Chakra, Ashok Chakra, Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri do not belong to such categories.

Exceptions to the Right to Equality

The Right to Equality under Article 14 of the Indian Constitution is not absolute and is subject to certain reasonable restrictions. Some of these exceptions include:

  • The President of India and Governors of States have immunity as per Article 361 of the Indian Constitution.
  • Article 361A protects journalists from any legal proceedings in connection to the publication of accurate reports of parliamentary or legislative proceedings.
  • Members of Parliament (MPs) and Members of State Legislatures (MLAs) are protected from legal proceedings in court regarding anything they say or any votes they cast in Parliament under Articles 105 and 194, respectively.
  • Article 31(c) states that Article 14 of Indian Constitution can be overridden when Article 39 is put into effect.

Landmark Judgements on Right to Equality

The Indian Supreme Court has delivered several landmark judgements on the right to equality under Article 14 of the Indian Constitution. These important judgements have shaped the interpretation of the right to equality and helped establish its significance as a fundamental human right. Here are some of the notable ones presented in a tabulated form:

Important Judgements on Right to Equality

Shayara Bano vs Union of India

The archaic practice of Triple Talaq was declared unconstitutional and a violation of Article 14.

Navtej Singh Johar vs Union of India

Section 377 of IPC was decriminalised and declared unconstitutional.

Indian Young Lawyers Association vs State of Kerala

Supreme Court declared that the custom of not allowing menstruating women from entering the Sabarimala Temple was unconstitutional.

M. Nagaraj v. Union of India

The Court stated that the state is not obligated to make reservations for people from Scheduled Castes and Schedule Tribes.

Learn More: Important Supreme Court Judgements

Right of Equality UPSC

Right to equality refers to the idea that all individuals are entitled to equal treatment and equal protection under the law, without discrimination on the basis of factors such as race, gender, religion, nationality, or other personal characteristics. Since it is a crucial part of the constitution, it is a prime topic for the Civil Services. Hence, candidates preparing for the UPSC Exam must prepare it well. You will find that the topic can be asked in both UPSC Prelims and UPSC Mains exams.

Here are a few facts about the Right to Equality in India to help you prepare the topic in a precise way.

  • The right to equality is mentioned in Article 14 of the Indian Constitution and is considered a fundamental right.
  • It has its roots in India’s independence struggle, where the demand for equal treatment and equal rights for all was the central point of the freedom movement.
  • The right to equality is not absolute and can be restricted in certain circumstances, such as national emergencies.
  • The right to equality is enforceable through the Indian judicial system and the Supreme Court.

You can also refer to UPSC Books and UPSC Syllabus to prepare the topic thoroughly before the exam.

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