Right to equality, Articles 14 to 18

Summary

The script discusses India's constitutional guarantee of the right to equality, as outlined in Articles 14 to 18. It covers equality before the law, the prohibition of discrimination based on religion, race, caste, sex, or birthplace, and the state's power to make special provisions for women, children, and socially and educationally backward classes. It also addresses the abolition of untouchability and titles, emphasizing the dynamic nature of equality and the state's role in fostering a more equal society.

Takeaways

• 📜 The right to equality is a fundamental right in India, enshrined in Articles 14 to 18 of the Constitution.
• 🌟 Article 14 guarantees equality before the law and equal protection of the law, emphasizing that no one is above the law.
• 🚫 Article 14 prohibits discrimination and special privileges, aiming to create a level playing field for all citizens.
• 🔄 The Supreme Court views equality as a dynamic concept, requiring the state to work towards a more equal society.
• 🏆 Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth, with specific provisions for women and children.
• 👥 Article 15 allows for positive discrimination to uplift socially and educationally backward classes, including scheduled castes and tribes.
• 💼 Article 16 ensures equal opportunity for public employment, with provisions for reservation to address underrepresentation.
• 🚫 Article 17 abolishes untouchability, a derogatory social practice that affected the dignity of individuals.
• 🏅 Article 18 prohibits the state from granting titles, except for military or academic distinctions, to prevent the creation of privileged classes.
• 🔄 The script highlights the evolution of the concept of equality in India, from a negative stance against privilege to a positive approach that includes affirmative action.

Q & A

What is the significance of the right to equality in the Indian Constitution?

The right to equality is a fundamental right in the Indian Constitution, ensuring that all individuals are treated equally before the law without discrimination based on factors like religion, race, caste, sex, or place of birth.

Which articles in the Indian Constitution cover the right to equality?

The right to equality is covered in Articles 14 to 18 of the Indian Constitution.

What does Article 14 of the Indian Constitution guarantee?

Article 14 guarantees equality before the law and equal protection of the laws within the territory of India.

What is the difference between 'equality before the law' and 'equal protection of the law'?

Equality before the law aims to remove privileges and prohibit discrimination, while equal protection of the law ensures that similar situations are treated equally under the law.

How does the Supreme Court of India view the concept of equality before the law?

The Supreme Court views equality before the law as a dynamic concept with many facets, including the absence of privileged classes and the obligation of the state to create a more equal society through law.

What is the purpose of classification under Article 14?

Classification under Article 14 allows for differential treatment of different sections of society to achieve the goal of equality, ensuring that laws can be made based on reasonable classifications.

What are the two tests that a classification must fulfill to be considered reasonable under Article 14?

A classification must not be arbitrary, artificial, or evasive and must be based on an intelligible differentia. It must also have a rational or reasonable nexus with the object sought to be achieved by the statute.

What does Article 15 prohibit?

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

What is the purpose of Article 15 Clause 3?

Article 15 Clause 3 empowers the state to make special provisions for women and children to address historical socioeconomic disadvantages and promote gender justice.

How does Article 16 relate to equality in matters of public employment?

Article 16 ensures equal opportunity for all citizens in matters of public employment, prohibiting discrimination based on religion, race, caste, sex, descent, place of birth, or residence.

What is the maximum limit for reservation in public employment as per the Supreme Court's ruling?

The Supreme Court ruled that the state cannot reserve more than 50% of total vacancies.