Right To Equality (Article 14-18) In Indian Constitution

The concept of right to equality lies at the heart of democratic justice systems across the world. In India, this principle is enshrined in Articles 14 to 18 of the Indian Constitution, which form a core part of the Fundamental Rights.

Article 14: Right to Equality before Law

Article 14 of the Indian Constitution is the cornerstone of equality in India. It states that:

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

This provision guarantees that every individual is subject to the same laws of the land, without any arbitrary discrimination. It assures equality before the law in two important ways:

1. Equality Before the Law: This means that no one is above the law. Every citizen, irrespective of their social, economic, or political status, is equal in the eyes of the law. Whether you are a rich industrialist or a common worker, the law applies equally to both.
2. Equal Protection of the Laws: This implies that the law must treat all individuals or groups in a similar situation in an equal manner. However, this does not mean absolute equality in all circumstances. The State can make laws that treat different groups differently, provided the distinction is reasonable and justifiable.

For example, the law may distinguish between children and adults or between different classes of people, as long as the distinction is based on an intelligible differentia and has a rational nexus with the object to be achieved.

Article 15: Prohibition of Discrimination

While Article 14 ensures equality before the law, Article 15 of the Constitution goes further to protect individuals against discrimination. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Specifically, it states:

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

This article envisions a society where the government cannot base its actions or decisions on the aforementioned factors. However, Article 15 also provides certain exceptions, such as:

• Special provisions for women and children: The state can make laws for the benefit of women and children, addressing issues like maternity leave, child welfare, etc.
• Reservations in education and employment: The State can provide special treatment to socially and educationally backward classes, scheduled castes (SCs), and scheduled tribes (STs) to promote social justice.

Article 16: Equality of Opportunity in Public Employment

Article 16 guarantees equality of opportunity in matters of public employment. It provides that:

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

This article ensures that every citizen has the right to apply for government jobs and participate in the selection process, without discrimination based on religion, race, caste, sex, or place of birth. It also prohibits discrimination in employment within government departments or agencies. However, the article allows the State to reserve certain positions or relax qualifications for underrepresented or backward communities to promote equality.

Article 17: Abolition of Untouchability

Article 17 is one of the most significant provisions in the Indian Constitution as it addresses social discrimination. It abolishes untouchability, which was a deeply entrenched practice in Indian society, particularly targeting lower-caste communities. It states:

“Untouchability is abolished and its practice in any form is forbidden.”

This provision is aimed at eliminating the social and economic discrimination faced by the Scheduled Castes (SCs) and other marginalized communities. Untouchabilitywas historically used to segregate people based on their caste, particularly those in the lowest rungs of the social hierarchy. By abolishing this practice, Article 17 seeks to create a more inclusive and equitable society.

It is also important to note that Article 17 is backed by criminal provisions, as anyone practicing or promoting untouchability can be penalized under the law.

Article 18: Abolition of Titles

Article 18 of the Constitution abolishes the practice of granting titles by the state. It states:

“No title, not being a military or academic distinction, shall be conferred by the State on any citizen.”

This provision prohibits the conferment of titles such as “Raja,” “Nawab,” or “Sir,” which were once used by the British colonial state to confer honor and recognition. The intent behind Article 18 was to prevent any individual from gaining superiority or special privileges based on titles. It ensures that no citizen is allowed to assume a title that places them above others in terms of social prestige or respect.

However, the article does not prohibit academic titles like “Doctor” or “Professor” or military honors like “General” or “Major.” These titles are not seen as conferring any special social or political privileges.

The Importance of Articles 14-18 in Safeguarding Equality

Articles 14 to 18 play a pivotal role in the Indian legal system by ensuring equality and justice for all citizens, regardless of their background. These articles safeguard the rights of individuals and provide a framework that ensures the State does not discriminate against or oppress any group. Here’s why these articles are significant:

1. Social Justice: These provisions promote fairness in society, particularly for marginalized groups, including women, children, Scheduled Castes (SCs), and Scheduled Tribes (STs). By allowing reservations and affirmative action, the Constitution strives to level the playing field.
2. Protection Against Arbitrary Power: These articles curtail the arbitrary use of state power, ensuring that no one is above the law and that laws are applied equally.
3. Progressive Societal Change: The abolition of untouchability and titles promotes social equality and helps dismantle deep-rooted social hierarchies based on caste and birth.
4. Encouragement of Meritocracy: By ensuring equality in public employment and education, these provisions encourage a merit-based system that allows people to progress based on their abilities and talents rather than their social status.

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