Right to Equality: Full Summary
Date: 31 May, 2020
Right to Equality is given by Part 3 of the Indian Constitution. This Part 3 of the Indian Constitution talks about Fundamental Rights. There are 6 Fundamental Rights which are given under this part. This is the first and the most important right which is given by the Constitution. This right is important as it treats every individual of this country on an equal footing. There is equality between equals. But Unequal can't be treated as equal.
This right to equality is given to us by 5 Articles. These Articles are trying to set out the provisions of equality in various spheres of life. Out of these 5 articles, Article 14 is the most important Article and the remaining 4 Articles are supplementing Article 14.
Read: Fundamental Rights in the Indian Constitution
Following are the group of 5 Articles which are a part of Right to Equality:
Let’s try to understand all the Articles one by one:
Following are the group of 5 Articles which are a part of Right to Equality:
- Article 14: Equality before Law and Equal Protection of Laws.
- Article 15: Prohibition of Discrimination against Citizens.
- Article 16: Equality of Opportunity in Public Employment.
- Article 17: Abolition of “Untouchability”
- Article 18: Abolition of Titles
Let’s try to understand all the Articles one by one:
Right to Equality is a group of 5 Articles in our Constitution.
Article 14: Equality before Law and Equal Protection of Laws
This is the base of Right to Equality in the Constitution. This Article applies to each and everyone who is living in our country (citizens and non-citizens). It is a part of the Basic Structure of the Indian Constitution.
Equality before the law means the absence of any special privileges in favour of an individual. Equals must be treated as equals before the law. According to Dicey, The rule of Law means Equality before law. The law is the same for a Prime Minister and a Common Citizen. This is a substantive part of the Article. So it cannot be discriminatory.
Equal Protection of law means that the same laws will be applied to people who are in the same circumstances and situations. This is a procedural part of the law. So it cannot go against the principles of Natural Justice.
Exceptions of Equality before Law
Equality before the law means the absence of any special privileges in favour of an individual. Equals must be treated as equals before the law. According to Dicey, The rule of Law means Equality before law. The law is the same for a Prime Minister and a Common Citizen. This is a substantive part of the Article. So it cannot be discriminatory.
Equal Protection of law means that the same laws will be applied to people who are in the same circumstances and situations. This is a procedural part of the law. So it cannot go against the principles of Natural Justice.
Exceptions of Equality before Law
- The President and Governors are not answerable to any court of law with related to exercise of their duty.
- No person will be responsible for a substantially true report which is published or broadcasted in a newspaper or Television.
- Foreign Country Leaders and their ambassadors enjoy immunity from Civil and Criminal Proceedings.
- The officers of an international organization like the United Nations and WHO are also immune from civil and criminal proceedings.
Article 15: Prohibition of Discrimination against citizens
This article is protecting the citizens of this country from discrimination based on Religion, Race, Caste, Sex and Place of Birth. This article is only applied to the citizens of this country. This Article is having 6 Clauses under it.
Clause 1 of this article is stopping discrimination based on Religion, Race, Caste, Sex, and Place of Birth. The provisions of this clause can only be used against the State.
Clause 2 of this Article is stopping discrimination for the use of Public places like access to shops, public restaurants, hotels and places of public entertainment. This clause is applicable against both the common people and the state.
The remaining 4 clauses of this article are exceptions of clause 1 and 2.
Clause 1 of this article is stopping discrimination based on Religion, Race, Caste, Sex, and Place of Birth. The provisions of this clause can only be used against the State.
Clause 2 of this Article is stopping discrimination for the use of Public places like access to shops, public restaurants, hotels and places of public entertainment. This clause is applicable against both the common people and the state.
The remaining 4 clauses of this article are exceptions of clause 1 and 2.
Exception 1 (Clause 3): This clause is giving an exception of discrimination in favour of Women and Children. Special provisions can be made in favour of Women and Children and not against them. One of the applications of this provision is the Constitution 73rd Amendment Act, 1992 which gave 27% reservations for women in Panchayats.
Exception 2 (Clause 4): This clause is giving the power to various States to make special provisions for the advancement of SEBCs, SCs and STs. It is important to remember that under this provision the state can give different types of special provisions like Scholarships, Affordable housing, free transport etc. This clause is an enabling provision. So it is the discretion of the state whether they want to give special provision or not.
Exception 2 (Clause 4): This clause is giving the power to various States to make special provisions for the advancement of SEBCs, SCs and STs. It is important to remember that under this provision the state can give different types of special provisions like Scholarships, Affordable housing, free transport etc. This clause is an enabling provision. So it is the discretion of the state whether they want to give special provision or not.
Exception 3 (Clause 5): This clause is giving special provisions for admissions in educational institutions. It is added as a part of the 93rd Constitutional Amendment. These special provisions are meant for SC, ST and OBCs. These special provisions must be given by making a law and not done through executive action.
Exception 4 (Clause 6): This is the latest exception which is made a part of Article 15. This is done through 103rd Constitutional Amendment Act, 2019. There are 2 sub-clauses under this article. Subclause A is giving special provisions for the advancement of EWS and Sub-clause B is giving special provisions for admission in educational institutions for Economic Weaker Sections (EWS).
Exception 4 (Clause 6): This is the latest exception which is made a part of Article 15. This is done through 103rd Constitutional Amendment Act, 2019. There are 2 sub-clauses under this article. Subclause A is giving special provisions for the advancement of EWS and Sub-clause B is giving special provisions for admission in educational institutions for Economic Weaker Sections (EWS).
Article 16: Equality of Opportunity in matters of Public Employment
This article is giving equal opportunity in matters of public employment to the citizens of India. There are 6 clauses under this article.
Clause 1 and 2 are General clauses and Clause 3-6 are the exceptions of clause 1 and 2.
Clause 1 of this Article is giving equality of opportunity in matters related to public employment.
Clause 2 of this article is saying that no citizens will be discriminated only on the grounds of religion, race, caste, sex, descent, and place of birth, residence or any of them in matters related to public employment.
Exceptions of Article 16 Clause 1 and 2
Clause 1 and 2 are General clauses and Clause 3-6 are the exceptions of clause 1 and 2.
Clause 1 of this Article is giving equality of opportunity in matters related to public employment.
Clause 2 of this article is saying that no citizens will be discriminated only on the grounds of religion, race, caste, sex, descent, and place of birth, residence or any of them in matters related to public employment.
Exceptions of Article 16 Clause 1 and 2
Exception 1 (Clause 3): The first exception of Article 16 is residence. The state can discriminate based on the residence of the citizen on matters related to employment. It is important to remember that only the Parliament can make law related to it and it is not the area of state governments to make law on this subject.
Exception 2 (Clause 4): This clause is giving reservations to the backward classes. This reservation is made for SC, ST and OBCs on matters related to employment and promotion. The class of citizens who are getting the reservation must be backward and not adequately represented.
Exception 2 (Clause 4): This clause is giving reservations to the backward classes. This reservation is made for SC, ST and OBCs on matters related to employment and promotion. The class of citizens who are getting the reservation must be backward and not adequately represented.
Exception 3 (Clause 4A): This clause is giving reservation in promotion with consequential seniority. This clause is applicable only on SC and STs. OBCs aren’t given reservation in matters of promotion as decided in the Indira Sawhney’s Judgment. This clause was added as a part of the 77th Constitutional Amendment Act.
Exception 4 (Clause 4B): This clause was added as the 81st Constitutional Amendment Act, 2000. This clause is allowing vacancies to be filled up in any succeeding year or years without any 50% ceiling limits. This clause is applied to SC, ST and OBCs.
Exception 4 (Clause 4B): This clause was added as the 81st Constitutional Amendment Act, 2000. This clause is allowing vacancies to be filled up in any succeeding year or years without any 50% ceiling limits. This clause is applied to SC, ST and OBCs.
Exception 5 (Clause 5): This clause allows the offices which are related to the religion are to be filled by the follower of that religion. This clause is important to give freedom of religion.
Exception 6 (Clause 6): This clause is added as part of the 103rd Constitutional Amendment Act, 2019. This clause is having 2 sub-clauses under it. Subclause a is giving special provision for Economic weaker sections and Sub-clause B is talking about giving special provisions with matters related to public employment up to a limit of 10%.
Exception 6 (Clause 6): This clause is added as part of the 103rd Constitutional Amendment Act, 2019. This clause is having 2 sub-clauses under it. Subclause a is giving special provision for Economic weaker sections and Sub-clause B is talking about giving special provisions with matters related to public employment up to a limit of 10%.
Article 17: Abolition of “Untouchability”
This article is abolishing untouchability in all its forms. This Article also ensures that the presence of any disability-related to untouchability will be made punishable in law. The power to make laws to implement fundamental rights is given in Article 35. Using this Article, the government has made Untouchability (offences) Act, 1955, later this act was amended and a new act is made which was named as The Protection of Civil Rights Act, 1955.
This act is important as it is making Untouchability a non-compoundable offence. Moreover, this act is also making it compulsory for the public officers to investigate every complaint which they receive against untouchability.
Another important Act which is made to fight against untouchability is Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. This Act established special courts to decide the cases related to the commission of offences under this act. Section 18 of this Act makes the commission of offences under this Act a non-bailable offence.
Another important Act which is made to fight against untouchability is Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. This Act established special courts to decide the cases related to the commission of offences under this act. Section 18 of this Act makes the commission of offences under this Act a non-bailable offence.
Article 18: Abolition of Titles
This is the last Article of Right to Equality which is given under our Constitution.
In Clause 1, this article is abolishing all types of titles by State except military and academic. The meaning of the State as defined in Article 12.
In Clause 2, this article is also prohibiting all kinds of titles given to any Indian Citizens by any foreign government.
In Clause 3, non-citizen of India who is holding any office of profit is not allowed to get any types of titles without the consent of the President.
In Clause 4, People are also prohibited from getting any type of Present, emolument or office of any kind by any foreign government.
The Constitution gave the power to Parliament to create law for a penalty against the people who are found violating Article 18.
In Clause 1, this article is abolishing all types of titles by State except military and academic. The meaning of the State as defined in Article 12.
In Clause 2, this article is also prohibiting all kinds of titles given to any Indian Citizens by any foreign government.
In Clause 3, non-citizen of India who is holding any office of profit is not allowed to get any types of titles without the consent of the President.
In Clause 4, People are also prohibited from getting any type of Present, emolument or office of any kind by any foreign government.
The Constitution gave the power to Parliament to create law for a penalty against the people who are found violating Article 18.
Are Bharat Ratna Awards against Article 18?
No, Bharat Ratna awards aren’t against Article 18. They are covered by the exception given in clause 1 of Article 18. Many other awards which are given by the Government of India like Padma Vibhushan, Padma Shri etc. are all coming under this exception. These awards are given as a mark of respect for the exemplary work done by the individual for our country.
No, Bharat Ratna awards aren’t against Article 18. They are covered by the exception given in clause 1 of Article 18. Many other awards which are given by the Government of India like Padma Vibhushan, Padma Shri etc. are all coming under this exception. These awards are given as a mark of respect for the exemplary work done by the individual for our country.
Closing Statement on Right to Equality
Right to Equality is the most important and Fundamental Principle of the existence of Democracy. A Democracy which is not rewarding merit of its citizens without any discrimination is no democracy at all. We must cherish this right for an advanced India which our forefathers always wanted.
