Part III of the Indian Constitution (Article 14 to Article 35) deals with the Fundamental Rights. Fundamental rights are basic inherent human rights. The Constitution of India guarantees the Right to Equality through Article 14 to Article 18.
Right to Equality
Article 14 provides equality before law and equal protection of law. Article 15 of the Indian Constitution prohibit discrimination on such specific grounds as religion race, caste, sex or place of birth. Article 16 guarantees to the citizens of India of equality of opportunity in matters of public employment. Article 17 Abolish untouchability. Article 18 Abolish of Title.
Equality before law
Article 14 of the Indian Constitution reads as follows “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.
Article 14 Involved two concepts, Equality before law and Equal Protection of Law.
- First principle equality before law, means all persons are equal before law. Nobody is above law and nobody is below law. Dicey’s rule is applicable in India. No rank, status, positions and condition shall be considered. All will be treated equally. But this is not absolute rule and there are certain exceptions, such as President, Governors, Diplomats, Judges and Public officials etc. They enjoy certain protection and privileges.
- The second Concept is Equal protection of Law – Equal Protection of law is positive in content; which means like shall be treated alike or equal law for equal person.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 15
- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
(a) Access to shops, public restaurants, hotels and places of public entertainment; or
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
Equality of opportunity in matters of public employment
Article 16 (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
Abolition of Untouchability
Article 17. “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
Abolition of titles
Article 18(1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
