Right to Equality

[UPSC Notes]
What is Right to Equality?
The Constitution of India provides provisions for the six fundamental rights. The Right to
Equality is one among them that provides equal rights to all Indian Citizens without
discrimination based on gender, religion, birthplace, race or caste. The Right to Equality is
considered an essential feature of the Constitution of India that aims to remove all inequalities
based on social, economic, or religious norms.
Right to Equality Article
Article 14 to 18 of the Indian Constitution provides the Right to Equality. The basic overview of
Articles in the Indian Constitution that has the provision for the Right to Equality is as under-
Article of Indian Description
Constitution

Article 14 Equality before law

Article 15 Prohibition of discrimination on the grounds of sex, race, caste,

religion, or place of birth

Article 16 Equality of opportunity in matters of public employment

Article 17 Abolition of untouchability

Article 18 Abolition of titles

Article 14 of the Indian Constitution
According to Article 14 of the Indian Constitution, the State shall not deny any person Equality
before the law or the equal protection of the laws within the territory of India. The term any
person represents a natural person (i.e., citizens and foreigners) and legal persons as well, viz,
companies, statutory corporations, registered societies, etc. Article 14 of the Indian Constitution
has British and American origins.
The British concept of Equality before the law denotes-
• Absence of any special privileges in favour of any person.
• Equal subjection of all persons to the ordinary law of the land administered by common
law courts.
• No person is above the law- rich or poor, high or low status, official or non-official- all are
equal before the law.
The American concept of equal protection of the laws-
• Equality of treatment under similar circumstances, both in the privileges conferred and
liabilities imposed by the rules,
• A similar application of the same rules to all persons who are similarly situated, and
• The like should be treated alike without any discrimination.
The Supreme Court viewed Article 14, which embodies the 'Rule of Law, as an 'essential
feature of the constitution. Hence, it cannot be destroyed even by an amendment by the
Parliament.
Article 15 of the Indian Constitution
Article 15 of the Indian Constitution prohibits discrimination based on caste, race, religion, sex,
or birthplace. It involves 5 Sub-clause. These Sub-clauses are as under-
• Article 15(1)- According to Article 15(1) of the Indian Constitution, the State shall not
discriminate among people on the above-mentioned grounds, i.e., caste, race, religion,
sex, or birthplace. This sub-clause applies to all Indian states, and an individual can
enjoy protection under this provision if he/she faces discrimination regarding liabilities,
rights, or any privilege.
• Article 15(2)- According to Article 15(2) of the Indian Constitution, any Indian citizen
subject to any liability, disability, restriction, or condition can make use of roads, public
resorts maintained by the State funds partly or wholly, tanks, wells, or bathing ghats.
Also, they can access the hotels, palaces, public restaurants and shops.
• Article 15(3)- According to the third sub-clause of Article 15 of the Indian Constitution,
the state/Parliament can make any special provision for children and women. It is an
exception to the rule against discrimination. Also, as per this Article, there is a
reservation of 50% for women in primary school teacher recruitment.
• Article 15(4)- As per Article 15(4), the State can make special provisions for
empowering the Scheduled Tribes, Scheduled Castes or any other educationally
backward classes.
• Article 15(5)- Article 15(5) of the Indian Constitution states that there should be
reservations for the educationally and socially backwards classes. Along with this, the
educational institutions that are aided by State are subjected to the exclusion of the
upper and creamy layer from the other backward classes.
Article 16 of the Indian Constitution
Article 16 of the Indian Constitution has the provision to provide equal opportunities for
employment for all the citizens in the State. Article 16 has the following requirements-
• Article 16(1)- It guarantees an individual's employment and includes initial
appointments, salary matters, promotions, and termination.
• Article 16(2)- It prohibits discrimination based on caste, race, religion, residence, sex,
birthplace, or descent.
• Article 16(3)- According to Article 16(3), the provision in Article 16(2) can be extended
by the Parliament. This power is not applicable in the case of Union appointments.
• Article 16(4)- Article 16(4) of the Indian Constitution was introduced after the Mandal
Commission case as an exception to the 50% limit for backlog vacancies.
• Article 16(5)- Article 16(5) of the Indian constitution states that appointments in a
religious institution are restricted to a specific religion only.
Article 17 of the Indian Constitution
Article 17 of the Indian constitution deals with the abolition of Untouchability. According to this
Article, the practice of Untouchability is not allowed and is abolished in all forms. Also, if any
kind of disability results from the practice of Untouchability is a punishable offence, the
Parliament can make any law to punish the same.
Article 18 of the Indian Constitution
Article 18 of the Indian Constitution deals with the abolition of the following-
• The State shall not confer any title except for military or academic designations.
• Also, the titles should not be accepted by a foreign state and abolished like Khan Bhadur
or Rai Bahadur.
• Awards like Param Vir Chakra, Ashok Chakra, Bharat Ratna, Padma Bhushan, Padma
Vibhushan, and Padma Shri do not belong to such categories.
Exceptions to the Right of Equality
Right to Equality has the following expectations under the various provisions of under Indian
Constitution-
Article 361: The President of India and the Governor of States enjoy the immunities:
They are not answerable to any court for the exercise and performance of the powers and
duties of his office.
No criminal proceedings shall be instituted.
No process for arrest or imprisonment during the term of office.
No civil proceeding against them until the expiration of two months next after notice in
writing has been delivered to the President or Governor.
Article 361A: No person shall be liable to any proceedings, civil or criminal, in any court in
respect of the publication in a newspaper (or television or broadcast utilizing wireless
telegraphy) of a substantially accurate report of any proceedings of either House of
Parliament or either House of the Legislature of a State.
Article 105: No member of Parliament (MP) shall be liable to any proceedings in any court
in respect of anything said or any vote given by him in Parliament or any committee thereof.
Article 194: No member of a state legislature (MLA) shall be liable to any proceedings in
any court regarding anything said or any vote given by him in Parliament or any committee
thereof.
Article 31(c): The Supreme Court declared that when Article 31(C) comes in, Article 14
goes out. Article 31 (C) protects laws made to effect Article 39 from being challenged in any
court for violating Article 14.
Foreign rulers, ambassadors, and diplomats enjoy immunity from criminal and civil
proceedings.
The UNO and its agencies also enjoy diplomatic immunity.