The Right to Equality, enshrined in Articles 14 to 18 of the Indian Constitution, forms a cornerstone of India’s democratic framework, ensuring that every individual is treated equally under the law. These provisions collectively prohibit discrimination and promote social justice, making them essential for law students to comprehend.

ARTICLE 14: EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAWS

Article 14 states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This provision embodies two concepts:

• Equality Before Law: This implies the absence of any special privileges in favor of individuals and the equal subjection of all classes to the ordinary law. It is a negative concept, originating from the English common law.

• Equal Protection of Laws: This is a positive concept, borrowed from the American Constitution, requiring the state to provide equal treatment to individuals in similar circumstances.

DOCTRINE OF REASONABLE CLASSIFICATION

While Article 14 prohibits class legislation, it does not forbid reasonable classification. The Supreme Court, in State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75, held that classification is permissible if it is based on an intelligible differentia and has a rational relation to the objective sought. In this case, the Court struck down a law that allowed certain cases to be tried by a special court without any reasonable basis for such classification, deeming it arbitrary and discriminatory.

PRINCIPLE OF ABSENCE OF ARBITRARINESS

In E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555, the Supreme Court emphasized that equality is antithetical to arbitrariness. The Court stated that where an act is arbitrary, it is implicit that it is unequal both according to political logic and constitutional law, thus violating Article 14. This case involved the arbitrary transfer of a senior official, which the Court found to be in violation of Article 14 due to the lack of a fair and transparent process.

ARTICLE 15: PROHIBITION OF DISCRIMINATION

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures that no citizen is denied access to public places and that the state can make special provisions for women, children, and socially and educationally backward classes.

SPECIAL PROVISIONS FOR ADVANCEMENT

The Constitution permits affirmative action to uplift disadvantaged groups. In State of Madras v. Champakam Dorairajan, AIR 1951 SC 226, the Supreme Court invalidated caste-based reservations in educational institutions, leading to the First Constitutional Amendment, which introduced Article 15(4) to allow such reservations. This amendment enabled the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

ARTICLE 16: EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT

Article 16 guarantees equal opportunity in matters of public employment and prohibits discrimination on specific grounds. It allows the state to make provisions for the reservation of appointments in favor of any backward class not adequately represented in public services.

RESERVATION IN PROMOTIONS

In Indra Sawhney v. Union of India, AIR 1993 SC 477, the Supreme Court held that while reservations in appointments are permissible, reservations in promotions are not. However, the 77th Constitutional Amendment introduced Article 16(4A), allowing reservations in promotions for Scheduled Castes and Scheduled Tribes. This amendment was a response to the Court’s decision, aiming to ensure adequate representation of these communities in higher positions within public employment.

ARTICLE 17: ABOLITION OF UNTOUCHABILITY

Article 17 abolishes “untouchability” and forbids its practice in any form. The enforcement of any disability arising from untouchability is an offense punishable by law.

PROTECTION OF CIVIL RIGHTS ACT, 1955

To enforce Article 17, the Parliament enacted the Protection of Civil Rights Act, 1955, prescribing punishments for offenses related to untouchability. This Act provides a legal framework to eradicate the practice of untouchability and ensure that individuals subjected to such discrimination have a means of redress.

ARTICLE 18: ABOLITION OF TITLES

Article 18 prohibits the state from conferring titles, except military or academic distinctions, to prevent the creation of an artificial hierarchy in society. It also forbids citizens from accepting titles from foreign states.

HONORS AND AWARDS

In Balaji Raghavan v. Union of India, AIR 1996 SC 770, the Supreme Court upheld the validity of national awards like Bharat Ratna and Padma Vibhushan, stating that they do not violate Article 18 as they are not titles but honors conferred for exceptional service. The Court emphasized that these awards do not create a title or a hereditary distinction and are thus permissible under the Constitution.

INTERNATIONAL INSTRUMENTS ON EQUALITY

India is a signatory to various international instruments that promote equality, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Article 7 of the UDHR states: “All are equal before the law and are entitled without any discrimination to equal protection of the law.” These international commitments reinforce India’s constitutional mandate to uphold equality.

LEGAL MAXIMS RELATED TO EQUALITY

• “Ubi jus ibi remedium”: Where there is a right, there is a remedy. This maxim underscores that the legal system must provide remedies for violations of rights, including the right to equality.

• “Audi alteram partem”: Hear the other side. This principle of natural justice ensures that all parties receive a fair hearing, promoting equality in legal proceedings.

DOCTRINES UPHOLDING EQUALITY

• Doctrine of Legitimate Expectation: This doctrine ensures that if a public authority induces a reasonable expectation in a citizen, it should act fairly and honor that expectation, promoting fairness and equality.

• Principle of Non-Arbitrariness: This principle asserts that state actions should be free from arbitrariness, as arbitrariness undermines the equality guaranteed under Article 14.