The then-Article 9 is now Article 14 and Article 15 of India's current Constitution. Article 14 of the Indian Constitution of 1950 was not included in the Draft Constitution of 1948 as a stand-alone article. It was first mentioned in Draft Article 15. Article 14 of the Indian Constitution guarantees equality before the law, whereas Article 15 prohibits discrimination on the basis of religion, race, caste, sex, or birthplace. In the linked article, you can learn more about Articles 14 to 18 (right to equality). This article explains the Constituent Assembly Debate on Right to Equality & Prohibition of Discrimination which is important for UPSC Indian Polity Preparation.

Constituent Assembly Debate on Right to Equality & Prohibition of Discrimination

• Mr. C. Subramaniam proposed that the state has no power to discriminate in the above-mentioned factors for this reason.
  • He advised removing the words "in particular" and replacing them with a distinct clause, i.e. 9 (1a). "No citizen will be subjected to any impairment solely on the basis of religion, race, caste, sex, or any combination of these factors."
• Following that, Mr. Syed Abdur Rouf suggested replacing the word "sex" with the phrase "place of birth."
  • He was concerned that there would still be opportunities for discrimination based on birthplace.
  • The above-mentioned change was approved. He further clarified that the term "race" is used in a very broad sense.
  • He said that if someone wishes to discriminate against someone from a specific province, they do so not on the basis of race, but on the basis of birthplace and under the pretext of local patriotism.
• Following that, Prof. K.T. Shah proposed a change to replace the word "creed" with the word "religion."
  • He also stated that there is no need to provide or cite a list of many types of public locations.
  • He used the phrase "public place" in a broad sense.
  • He admitted that in the past, certain communities and castes were discriminated against when it came to entering public places.
  • He acknowledged that the Indian Constitution is founded on the principle of democratic equality. As a result, he thought it was pointless to list the names of every public site in the mentioned Article.
  • He further admitted that, as a result of the inclusion of specific exclusions in the above mentioned Article, denominational, sectarian, and communal institutions may develop. He was concerned that it would put an end to true democracy.
  • He also stated emphatically that, in order to avoid sectarian or denominational exclusivity, schools, hospitals, asylums, and other public facilities should not be reserved for any purpose or for any particular sect or society.
  • All public spaces in the country must be open and accessible to all citizens. This demonstrates his desire to establish absolute and genuine equality among Indian residents.
  • He then went on to say that opening up any organisation that serves only a specific group, members, or money suppliers lacks civic sense. According to him, such a concept or idea is incompatible with citizenship equality.
  • He stated that the Indian Constitution expressly states that all Indian citizens are equal. For this aim, he used the following example: if any institution is formed and maintained only by one person while also receiving public recognition, protection, safeguards, and other benefits from any public authority, such institutions are covered by the aforementioned article.
  • He was of the opinion that there should be no vested interest in the application or interpretation of the abovementioned provision. Later, the said amendment was revoked.
• Mr. H.V. Kamath requested that the terms "State Funds" be used instead of "state revenues" It was agreed upon by Dr. B.R. Ambedkar.
• Following that, Mr. Mohammad Tahir proposed that the words "state or dedicated to the use of the general public" be replaced with the words "state or any legal authority or dedicated to the use of the general public, and any contravention of this provision shall be an offence punishable in accordance with the law."
  • For the complete attainment of human equality, he recommended this. He stated this due to the plight of numerous scheduled castes and low caste communities in India. The above-mentioned change was approved.
• Mr. Raj Bahadur believes that using the phrase "place of" before the word "birth" before the word "birth" gives the entire amendment a limited meaning.
  • He believes that the term "birth" refers not just to "residence," but also to "descent."
  • If merely the word "descent" is taken into account, he believes it will lead to increased prejudice in the future.
  • Through the Constitution, he hoped to eliminate all forms of prejudice.
  • He intended that not only religious, caste, sex, and other distinctions be abolished, but also discrimination based on family, descent, and other factors be abolished through the Constitution.
  • He wished that not only distinctions be abolished, but that all chances of discrimination, favouritism, or nepotism based on birth or descent be abolished as well.
• Shri S. Nagappa believed that India's populace needed to be both politically and socially free.
  • To him, freedom entails political, social, and economic liberty.
  • He wished that under the current article, social rights be granted to a certain community.
  • Obtaining social rights, he agreed, is more expansive and explanatory.
  • He wanted to concentrate on the subject of the economic appraisal of Indians from low-income families.
  • "Most of our courts are courts of law, not courts of justice," he conceded.
  • He meant that if downtrodden people are given economic rights, they will not have to go to the courts as often to seek justice.
• "At the time of deciding on fundamental rights, it would be inadequate if houses of worship were not included in the list of such rights," Sardar Bhopinder Singh Man said.
  • He believes that places of worship should be kept open to the public and should be in the care of ultimate custodians or pujaris. He desired that religious boundaries be permanently abolished.

Conclusion

The Indian Constitution's framers wanted to ensure that the state did not discriminate against any citizen on the basis of race, religion, caste, sex, or any combination of these factors. The above-mentioned article is intended for Indian citizens. Citizens are the only ones who are protected by the said article. They clearly stated that there must be no opportunities for denominational, sectarian, or communal institutions to emerge. They want the growth of true democracy. They desired that any social organisation established by a certain community benefit the entire society, not just that community. To put it another way, the beneficiaries of social institutions must be society as a whole.

FAQs

MCQs

1. Which article of the Indian Constitution guarantees equality before the law to all citizens?

A) Article 14
B) Article 15
C) Article 17
D) Article 16

2. Which article of the Indian Constitution abolishes untouchability?

A) Article 15
B) Article 14
C) Article 17
D) Article 18

3. Which of the following does Article 15 of the Indian Constitution prohibit?

A) Discrimination on the basis of caste, sex, or religion
B) Discrimination on the basis of education
C) Discrimination on the basis of income
D) Discrimination based on the place of birth only

4. Who played a significant role in advocating for the abolition of untouchability and caste-based discrimination in the Constituent Assembly debates?

A) Jawaharlal Nehru
B) Sardar Vallabhbhai Patel
C) Dr. B.R. Ambedkar
D) Maulana Abul Kalam Azad

5. What was the primary aim of the Right to Equality in the Indian Constitution?

A) To establish a democratic republic
B) To ensure equal rights for all citizens, regardless of their background
C) To promote economic equality
D) To promote educational equality

GS Mains Questions and Model Answers

Q1: Analyze the significance of the Right to Equality in the Indian Constitution and its impact on social justice.

Answer: The Right to Equality is a cornerstone of the Indian Constitution, ensuring that every individual is treated equally before the law, without discrimination based on caste, religion, gender, or place of birth. Its significance lies in the fact that it guarantees social justice by protecting marginalized groups from systemic discrimination. Provisions like the abolition of untouchability (Article 17) and the prohibition of discrimination in public services (Article 15) provide legal safeguards for those historically oppressed. This framework has had a profound impact on social justice in India, contributing to greater inclusivity and the empowerment of disadvantaged communities, especially the Dalits, women, and religious minorities.

Q2: Discuss the role of Dr. B.R. Ambedkar in shaping the Right to Equality in India’s Constitution.

Answer: Dr. B.R. Ambedkar, as the principal architect of the Indian Constitution, played a pivotal role in ensuring that the principles of equality and social justice were embedded in the Constitution. He advocated for the abolition of untouchability, the prohibition of caste-based discrimination, and the introduction of affirmative action for the upliftment of Dalits and other marginalized groups. His role in drafting Articles 14, 15, and 17 was instrumental in securing the Right to Equality, which became a vital tool for challenging social discrimination and promoting equal opportunities for all citizens, particularly the disadvantaged sections of society.

Q3: Evaluate the effectiveness of the Right to Equality in addressing caste-based discrimination in India.

Answer: The Right to Equality, as enshrined in Articles 14, 15, and 17 of the Indian Constitution, has been a powerful tool in combating caste-based discrimination. Article 17’s abolition of untouchability was a landmark step in dismantling one of the most entrenched forms of social discrimination in India. However, the effectiveness of these provisions has been a subject of debate, as caste-based discrimination persists in certain regions and social practices. While legal safeguards have empowered marginalized communities to fight discrimination, the implementation of these provisions remains a challenge due to deep-rooted social and cultural biases. Nevertheless, the Right to Equality has been crucial in raising awareness and pushing for social reform, leading to significant progress in some areas, though much work remains to be done.

Previous Year Questions on Right to Equality

1. UPSC CSE Prelims 2020:

Question: Which article of the Indian Constitution guarantees equality before the law to all citizens?

A) Article 14
B) Article 15
C) Article 16
D) Article 17

Answer: (A)

Explanation: Article 14 of the Indian Constitution guarantees equality before the law, ensuring that every individual is treated equally within the Indian legal system.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: Examine the role of the Right to Equality in promoting social justice in India.

Answer: The Right to Equality plays a crucial role in promoting social justice by ensuring that all citizens, regardless of their caste, creed, or gender, are treated equally before the law. The provisions under Articles 14, 15, and 17 work towards dismantling the social hierarchies and barriers that have historically oppressed marginalized communities, such as Dalits and women. This constitutional framework has significantly contributed to improving access to public services, education, and social mobility for disadvantaged groups, furthering the goals of social justice in India.