The Right to Equality of the Indian Consitution guarantees equal treatment for everyone before the law and prevents discrimination of any kind. It is one of the six fundamental rights in the Indian Constitution Equality Rights.
In this article, you will learn all about Equality before Law and the related Constitutional Equality India provisions from the UPSC exam point of view.
Right to Equality Definition
Right to Equality in Indian Constitution is defined as,
“The government will not decline to any person in India equality before the law or equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status.”
It is assumed as one of the basic features in the Indian Constitution Equality Rights.
Different Types of Equality
Here are different types of equality based on law in Indian Constitution Equality Rights:
- Social Equality
- Civil Equality
- Economic Equality
- Natural Equality
- Political Equality
- Legal Equality
Right to Equality Articles
Following are the articles associated with the Right to Equality in the Indian Constitution :
|
Articles |
Brief Description |
|---|---|
| Article 14 | Within the boundaries of India, the State may not exclude anyone from the application of the laws or refuse them equal protection under the law on the basis of their religion, race, caste, sex, or place of birth. |
| Article 15 | No discrimination by the state against any citizen on grounds of race, religion, sex, place of birth or others. |
| Article 16 | All citizens shall have an equal opportunity to apply for jobs or be appointed to positions within the state. |
| Article 17 | Abolition of untouchability |
| Article 18 | It restricts the State’s ability to grant titles except that of military and academic. |
Let’s learn about these articles in detail.
Right to Equality Article 14
It guarantees equality before the law and equal protection of the laws within the territory of India to all persons.
- Equality and Non-Discrimination : Ensures all citizens are treated equally before the law, prohibiting any discrimination.
- Two Key Concepts: Incorporates the British concept of ‘equality before the law’ and the American concept of ‘equal protection of the laws’.
- Rule of Law: Emphasizes the supremacy of law and absence of arbitrary power, as seen in the Supreme Court ruling in Ashutosh Gupta vs. State of Rajasthan, 2002.
Right to Equality Article 15
It prohibits discrimination by the state against any citizen on grounds of religion, race, caste, sex, or place of birth.
- No Discrimination by the State: Prohibits discrimination by the state on grounds of caste, creed, religion, or sex.
- Equal Application of Laws: Mandates that the same laws apply to all in similar circumstances.
- Exceptions and Special Provisions: Allows special provisions for women, children, and socially and educationally backward classes, including SCs and STs.
Right to Equality Article 16
It ensures equality of opportunity for all citizens in matters relating to employment or appointment to any position under the State.
- Equal Opportunity in Employment: Guarantees equal employment opportunities for all, regardless of class, religion, or caste.
- Prohibition of Discrimination in Salary: Ensures equal pay for equal work.
- Reservation in State Services: Permits the state to reserve appointments or posts for economically weaker sections and backward classes not adequately represented in state services.
Right to Equality Article 17
It abolishes untouchability and forbids its practice in any form.
- Outlawing Untouchability: Declares the practice of untouchability illegal and prohibits discrimination based on untouchability.
Right to Equality Article 18
It prohibits the State from conferring any titles other than military or academic distinctions, and citizens of India cannot accept titles from any foreign state.
- Prohibition of State Titles: Restricts the state from conferring titles, except academic or military ones.
- Restriction on Foreign Titles: Prohibits Indian citizens from accepting titles from foreign states.
- Abolition of British Empire Awards: Ends awards from the British Empire, while awards like Padma Shri, Padma Bhushan, and Bharat Ratna are not included in this prohibition.
Read More :
Example of Right to Equality
Here’s a brief overview for Brown v. Board of Education:
Brown v. Board of Education: A Landmark Case in Equality Rights
- Background: Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case in the United States.
- Significance: The Court’s decision declared that state laws establishing racial segregation in public schools were unconstitutional, even if the segregated schools were otherwise equal in quality.
- Relation to Right to Equality: This case directly challenged the doctrine of “separate but equal” established in Plessy v. Ferguson and became a pivotal moment in the civil rights movement. It underscores the principle that equality is not just about providing the same resources or opportunities, but also about ensuring that these opportunities are free from discrimination and prejudice.
Classification of Right to Equality
Article 14 gives everyone in India the right to be treated equally by the law. It says that not everyone can be treated the same way because people are different. This means the law doesn’t have to work exactly the same for every person.
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The Supreme Court says it’s okay to classify people reasonably for laws and decisions.
- For example, in the case of Virendra Krishna Mishra v. Union of India, the Court said that equality is not lost if the classification makes sense.
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The Court also mentioned that this classification should make logical sense.
- In State v. Shri Ambika Mills, it was said that people in similar situations should be treated similarly.
- The reason for grouping people should be clear and linked to the law’s goal.
- In another case, E.P.Royappa v. State of Tamil Nadu, the Court expanded on what equality means.
- It introduced the idea that equality is about fairness and justice, not just about being the same.
- Equality is seen as flexible, with many sides and not stuck in one definition.
Read More:
- Landmark Legal Cases in India
- Ajay Hasia v. Khalid Mujib
- Securing the Fundamental Rights
- Fundamental Rights and Protection of Freedom
- Fundamental Rights of India (Articles 12-35)
- Limitations of Fundamental Rights
- Why Fundamental Rights are called Magna Carta?
- Fundamental Duties – Article 51A for UPSC
FAQs on Right to Equality
What is Right to Equality of Indian Constitution?
The Right to Equality ensures equal treatment under the law and forbids discrimination, promoting fairness for all citizens. It comes under the Articles 14 to 18 of the Indian Constitution.
How Many Articles are there in Right to Equality?
The Right to Equality in the Indian Constitution is covered under Articles 14 to 18. This means there are 5 articles dedicated to the Right to Equality.
What are the Main Features of Right to Equality?
The main features of the Right to Equality include equal protection under the law, prohibition of discrimination, equality in employment opportunities, abolition of untouchability, and prohibition of state-conferred titles.
Is equality a basic human right according to the Indian Constitution?
Yes, equality is a fundamental human right. Articles 14 to 18 of the Indian Constitution specifically focus on the right to equality and non-discrimination for all citizens.
What is Article 14 of Indian Constitution?
Article 14 ensures equality before the law and equal protection of the laws within India. It prohibits any form of discrimination and guarantees that all individuals are treated equally by the legal system.
What is Article 15 of Indian Constitution?
Article 15 prohibits the state from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. It ensures equal treatment for all citizens in similar circumstances.
What is Article 16 of Indian Constitution?
Article 16 guarantees equality of opportunity in matters of public employment. It states that no citizen shall be discriminated against in employment matters on grounds of religion, race, caste, sex, descent, place of birth, or residence.
What is Article 17 of Indian Constitution?
Article 17 abolishes “untouchability” and forbids its practice in any form. It is a significant step towards social reform, aiming to eradicate caste-based discrimination.
What is Article 18 of Indian Constitution?
Article 18 abolishes all titles that create distinctions between citizens. It prohibits the state from conferring any titles, except military and academic distinctions, and prevents Indian citizens from accepting titles from foreign states.