Right to Equality | Fundamental Rights

The Right to Equality is enshrined in the Constitution of India under Article 14 to Article 18. These articles guarantee equality before the law and prohibit discrimination on various grounds.

Article 14: Equality Before Law

Article 14 of the Constitution guarantees equality before the law. It states that the State shall not deny any person equality before the law or equal protection of the laws within the territory of India. 

This means that regardless of background, every individual is entitled to equal treatment under the law. It ensures that no one is above the law and that justice is accessible to all without discrimination.

Article 15: Prohibition of Discrimination

Article 15 of the Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth. It mentions that the State shall not discriminate against any citizen on these grounds. 

Furthermore, it empowers the State to make special provisions for the advancement of certain socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled Tribes. This provision allows the government to take affirmative action to uplift marginalized and disadvantaged groups and bridge social inequalities.

Article 16: Equality of Opportunity in Public Employment

Article 16 of the Constitution guarantees equality of opportunity in matters of public employment. It prohibits discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them in employment or appointment to any office under the State. 

It ensures that no citizen is denied equal opportunities in public employment based on their background. This article also allows the State to make reservations regarding backward classes, Scheduled Castes, and Scheduled Tribes to ensure their adequate representation in public services. 

The reservation policy, commonly known as affirmative action or reservation system, aims to address historical disadvantages specific communities face and promote social inclusivity.

Article 17: Abolition of Untouchability

Article 17 of the Constitution abolishes untouchability. It declares the practice of untouchability as unconstitutional and prohibits its practice in any form. Untouchability was a social evil prevalent in some parts of Indian society, where specific communities were considered “untouchable” and subjected to extreme social discrimination. 

Article 17 seeks to eradicate this practice and promote social equality and dignity for all individuals.

Article 18: Abolition of Titles

Article 18 of the Constitution abolishes titles and titles of nobility. It prohibits the State from conferring titles and prohibits any citizen of India from accepting titles from a foreign state. 

This provision aims to eliminate distinctions based on titles and promote equality among citizens. It abolished the titles system, which was prevalent during the colonial era. It emphasizes that no person should be given special privileges or honours solely based on their birth or social status.

Summary

These provisions collectively form the Right to Equality in the Indian Constitution. They aim to ensure that everyone is treated fairly and without discrimination, irrespective of their background, and provide a foundation for social justice and equality in the country.