Articles 14 to 18 of the Indian Constitution constitute the foundation of the right to equality, guaranteeing equal protection of the law, prohibiting discrimination, and fostering equal opportunities in public employment. From the abolition of untouchability to the renouncement of ostentatious titles.They help in the construction of just and inclusive society,reflecting India's commitment to fairness and impartiality for all. UPSC Indian Polity and Governance Syllabus include Right To Equality (Articles 14-18) which is described in this article.

Right to Equality - Constitutional Provisions

6 Fundamental Rights are enshrined in Part III of the Indian Constitution from Articles 14-32.

The right to equality is enshrined contained in Articles 14-18:

• Article 14: Right to equality before the law and equal protection of laws with a few exceptions
• Article 15: No discrimination by State on the grounds prescribed in the Constitution with a few exceptions.
• Article 16: Equality of opportunity in employment or appointment to any office under the State with a few exceptions.
• Article 17: Abolishes untouchability and criminalizes it.
• Article 18: Abolishes titles and prohibits the State from conferring any titles.

These Articles are discussed in detail below.

Article 14: Equality before the law and equal protection of law

• It provides that The State shall not deny to any person: equality before the law or the equal protection of the laws within the territory of India.

The exception to Equality

• The President of India and the State Governors enjoy certain immunities like no criminal proceedings, no arrest, or imprisonment procedure (Article 361).
• The President or the Governor is not answerable to the Court for the exercise and performance of the powers and duties of his office.
• No person shall be liable to any civil or criminal court proceedings in respect of the publication in a newspaper (or by radio or T.V.) of a substantially true report of any proceedings of the Parliament (Article 361-A).
• No MP or a member of the State Legislature shall be liable to any court proceedings in respect of anything said or any vote given by him in Parliament or any committee thereof (Article 105 and Article 194).
• Article 31-C is a huge exception to Article 14 and provides that laws made by the state for implementing the Directive Principles contained in Articles 39 (b) and (C) cannot be challenged on the ground that they are violative of Article 14 (constitutional validity upheld by Supreme Court in the Keshavanand Bharti Case, 1978).
• The foreign sovereigns, ambassadors, diplomats enjoy immunity from civil and court proceedings and the UNO agencies enjoy diplomatic immunity.

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

• It provides that the State shall not discriminate on the grounds only of religion, race, caste, sex, or place of birth. It is available only to the citizens of India.
• Article 15(1) prohibits the state from discriminating on the grounds only of religion, race, caste, sex, or place of birth. (Here the prohibition of discrimination is in the terms of access to shops, public restaurants, hotels, places of public entertainment or the use of wells, tanks, roads, and other public places maintained wholly or partially out of the State Funds or dedicated to the use of the general public.)
• However, there are three exceptions to this general rule of non-discrimination:
• Article 15(3): The state can make special provisions for women and children. For example, reservation of seats in local bodies for women or the provision of free education for children(Article 21-A).
• Article 15(4): The State can make special provisions for socially/educationally backward classes including the Scheduled Castes and Scheduled Tribes.
• Article 15(5): The State can make special provisions for the advancement of any socially/educationally backward classes of citizens regarding their admission to educational institutions including private institutions, whether aided or unaided by the State, except the minority educational institutions. This provision was added by the 93rd Amendment Act, 2005.
• The Centre enacted the Central Educational Institutions(Reservation in Admission) Act, 2006 to bring this provision into effect.
• It provided for 27% quota for the candidates belonging to Other Backward Classes(OBCs) in all central higher educational institutions
• In 2008, the Supreme Court upheld the validity of this Act but directed the Central Government to exclude the “creamy layer” among the OBCs while implementing the law.

• Article 15(6): Article 15(6) enables the State to make special provisions for the advancement of any economically weaker section of citizens, including reservations in educational institutions.

Article 16 :Equality of opportunity in matters of public employment

• Article 16(1) provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State.
• Article 16(2) holds that no citizen shall on the grounds of religion, race, caste, sex, descent, place of birth, or residence be discriminated against or be ineligible for employment for any office under the State.

However, there are exceptions:

• Article 16(3) holds that the Parliament may, by law, provide for residents as a qualification for certain jobs.
• Article 16(4) holds that the State can reserve posts for the Scheduled Castes and Scheduled Tribes or any backward classes of citizens, which, in the State’s opinion, are not adequately represented in the services under the State.
• Article 16(5):This provision ensures that it does not impact laws stipulating that individuals holding roles in religious institutions must profess a specific religion or belong to a particular denomination.
• It safeguards the autonomy of religious organizations in determining the religious affiliation of their officeholders without contravening constitutional principles.
• Article 16(6): Empowers the State to reserve 10% quota to the Economically Weaker Sections (EWS) of society to various government posts.

The Mandal Commission and its aftermath

• In 1979, the Second Backwards Classes Commission was appointed under the chairmanship of B P Mandal, in terms of Article 340 to investigate the conditions of the socially and educationally backward classes to suggest measures for their advancement
• In its 1980 report, the Commission submitted that as many as 3743 castes(excluding SCs/STs) constituting 52% of India’s population were socially and educationally backward.
• It recommended 27% reservation in government jobs for this class.
• In the significant Mandal Case, 1992, the scope and extent of Article 16(4) was examined thoroughly by the Supreme Court. It upheld the constitutional validity of the provisions of 27% reservations for the OBCs with certain conditions including the -

1. Exclusion of advanced sections among OBCs.
2. No reservation in promotions. However, a Government can introduce such reservations among SCs/STs if it can produce quantifiable data for backwardness. (M Nagarajan vs Union of India case, 2006).
3. The total reserved quota should not exceed 50%.
4. A permanent statutory body to be established to examine complaints of over or under-inclusion in the list of OBCs.

Article 17

• It abolishes untouchability and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offense punishable following the law.
• The Untouchability (Offences) Act, 1955 had been comprehensively amended in 1976 and renamed as Protection of Civil Rights Act, 1955 to enlarge the scope and make penal provisions more stringent.
• This Act declares several acts as offenses, some of them are:

1. Preventing any person from entering any place of worship
2. Justifying untouchability on traditional, religious, philosophical grounds
3. Denying access to any shop, hotels, or places of public entertainment.
4. Preaching untouchability directly or indirectly
5. Insulting a person belonging to the Scheduled Caste on the ground of untouchability.

Article 18

It abolishes titles and makes four provisions in that regard:

1. It prohibits the State from conferring any title(except military or academic distinction) on anybody, whether a citizen or a foreigner. (Article 18(1))
2. It prohibits a citizen of India from accepting any title from any foreign state.
3. A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the President's consent.
4. No citizen or a foreigner holding any office of profit or trust under the State is to accept any present, emolument, or office from/under any foreign state without the President’s consent.

• From above, it is clear that titles of hereditary nobility like Maharaja, Raj Bahadur, Rai Sahab, etc. are banned.
• In 1996, the Supreme Court upheld the constitutional validity of the National Awards- Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Sri. It ruled that these awards were not tantamount to titles within the meaning of Article 18.

Conclusion

Right to Equality, enshrined in various articles of the Indian Constitution, stands as a cornerstone of our democratic principles. It serves as a powerful instrument to foster inclusivity, justice, and social harmony. Upholding this right requires not just legal adherence but also a collective commitment to dismantling discriminatory barriers, ensuring fairness, and promoting equal opportunities for every citizen.

FAQs

MCQs

1. Which of the following articles abolishes untouchability in India?

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

2. Article 16 deals with:

A) Right to Equality
B) Prohibition of discrimination on grounds of religion, race, caste, sex
C) Equality of opportunity in matters of public employment
D) Abolition of titles

3. What does Article 15(3) allow the state to do?

A) Abolish titles
B) Prohibit discrimination
C) Make special provisions for women and children
D) Abolish untouchability

4. Under which Article is the right to equality before the law guaranteed?

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

5. Which Article of the Indian Constitution abolishes titles?

A) Article 16
B) Article 17
C) Article 18
D) Article 15

GS Mains Questions and Answers

Q1: Discuss the significance of Article 14 in upholding the rule of law in India.

Answer: Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws. It ensures that every individual, regardless of their social or economic status, is treated equally before the law and has equal access to legal remedies. This principle is fundamental in upholding the rule of law, as it prevents arbitrary actions by the government and ensures that laws are applied uniformly.

Article 14 also prohibits discrimination, thus creating a level playing field for all citizens. It upholds the idea of legal equality, which is crucial for maintaining fairness and justice in a democratic society. Through judicial interpretations, Article 14 has been expanded to cover not only arbitrary laws but also unfair or unreasonable administrative actions.

Q2: Examine how Articles 15 and 16 contribute to social justice in India.

Answer: Articles 15 and 16 of the Indian Constitution play a vital role in promoting social justice. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It also allows for affirmative action through special provisions for women, children, and socially and educationally backward classes, as well as Scheduled Castes and Scheduled Tribes. This ensures that marginalized communities receive the necessary support to uplift their social and economic status.

Article 16 ensures equality of opportunity in public employment. It prohibits discrimination in employment matters and allows the state to make reservations for underrepresented communities. These provisions address historical injustices and enable marginalized groups to access opportunities that were previously denied to them, thereby promoting equality and social justice.

Q3: Analyze the impact of Article 17 in eliminating caste-based discrimination in India.

Answer: Article 17 of the Indian Constitution abolishes untouchability and forbids its practice in any form. The abolition of untouchability is a significant step towards eliminating caste-based discrimination, which had been deeply entrenched in Indian society for centuries. By making untouchability a punishable offense, Article 17 ensures that individuals from Scheduled Castes are not subjected to social ostracism or denied access to public spaces and services.

The enactment of laws such as the Protection of Civil Rights Act, 1955, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, further strengthens the enforcement of Article 17. These laws provide legal recourse for victims of caste-based discrimination and untouchability, thus ensuring that constitutional guarantees are upheld. The abolition of untouchability through Article 17 has had a profound impact on reducing social inequalities and promoting dignity for all citizens.

Previous Year Questions on Right to Equality

1. UPSC CSE Prelims 2019:

Question: Which Article of the Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth?

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

Answer: B

Explanation: Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It also allows the state to make special provisions for women, children, and backward classes to promote equality.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "The Right to Equality is fundamental to ensuring social justice in India." Discuss how the various provisions under Articles 14-18 contribute to promoting equality and justice in the Indian social structure.

Answer: The Right to Equality, enshrined in Articles 14-18, forms the cornerstone of social justice in India. Article 14 guarantees equality before the law and equal protection of the laws, ensuring that no individual is discriminated against or denied legal remedies. Articles 15 and 16 prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth, and promote equality of opportunity, particularly in public employment. Special provisions for marginalized communities, such as reservations, further address historical injustices.

Article 17 abolishes untouchability, a practice that perpetuated caste-based discrimination, while Article 18 abolishes titles that could create social hierarchies. Together, these provisions ensure that all individuals are treated equally and fairly, contributing to a more just and equitable social order.

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