5.
1 Introduction
• The right to equality is explained in Articles 14 to 18 of the Indian Constitution.
• Article 14 talks about the rule of law, and Articles 15 to 18 explain how this rule
is applied.
• The Preamble (introduction) of the Constitution promises equality for everyone.
• Equality is an important and permanent part of the Constitution.
5.2 Article 14 - Equality Before the Law
• Article 14 says that everyone will be treated equally by the law in India.
• It means the government must treat people in the same situation in the same
way.
• It also says that people should be treated differently if their situations are
different, whether they are Indian citizens or not.
• Two important phrases in Article 14:
o Equality before the law
o Equal protection of the laws
• These two phrases look similar but have different meanings.
• "Equality before the law" comes from English Common Law.
o It means that everyone is equal under the law and the law will be applied
equally.
• "Equal protection of the laws" comes from the U.S. Constitution.
o It means the law will protect people equally, depending on the situation.
• Equality before the law is about not giving special treatment — it's a negative
concept.
• Equal protection of the laws is about giving help where needed — it's a positive
concept.
• This rule of equality also applies to the law-making process (legislature).
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• If the government makes a law that goes against Fundamental Rights, the courts
can declare it unconstitutional.
• Equal protection of the laws means:
o People in similar situations should get similar treatment.
o They should get the same rights, privileges, and punishments.
• Both the rules about how laws are made and how laws should be fair come from
Article 14.
• Article 14 also means the government must take special steps to help people get
equal opportunities.
• Article 14 applies to everyone, including:
o Companies, organizations, Indian and foreign citizens, and even legal entities
(like businesses).
• But this rule doesn’t apply to certain groups in special cases.
o For example, Article 361 is a special exception.
It says the President or Governors can’t be taken to court for doing their official
work.
• Article 14 doesn’t mean that exactly the same law must apply to everyone.
o This is because people are not all in the same situation — by nature, status, or
life circumstances.
• The article bans class-based laws that give unfair advantages to certain groups
without reason.
o But it allows fair classification if it's for a specific, useful purpose.
• For any classification to be fair, two conditions must be met:
o The classification must be based on a clear difference that separates some
people or things from others left out of the group.
o That difference must be logically related to the goal the law wants to achieve.
• So, there must be a clear connection between the difference and the goal.
o Otherwise, the classification might look random or unfair.
• Article 14 mainly focuses on removing arbitrariness (random, logicless or unfair
decisions).
o Any unfair or random action goes against the idea of equality.
• The rule of classification used by courts is not exactly what Article 14 says.
o It’s a judicial idea (created by courts) to check if a law or government action is
arbitrary and therefore unconstitutional.
• This idea of fairness and non-arbitrariness is part of the entire Constitution.
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o It’s like a golden thread that runs through the whole legal system.
• In the Menaka Gandhi case, the court said that:
o Article 14 should not be limited only to the classification rule.
o The main focus should be on checking whether the government action was
arbitrary.
o So, classification is just a tool — not the only rule — to see if something is
unfair.
5.3 Article 15 – Social Equality and Equal Access to Public
Areas
• Article 15 says no one can be treated unfairly just because of their religion, race,
caste, sex, or place of birth.
• Everyone should have the same right to enter and use public places like parks,
museums, wells, or bathing areas.
• The government can make special rules to support women and children.
• Article 15(4) allows the government to help socially and educationally backward
groups, like Scheduled Castes (SCs) or Scheduled Tribes (STs).
• To use Article 15(4), a group must be both socially and educationally backward.
Just being from a particular caste is not enough.
• The rules under Article 15(4) don’t have to be passed as laws in the legislature —
they can also be issued as executive orders.
• In general, special help (reservations) given should be less than 50%, but it
depends on the situation.
• The court said that weaker sections of society must be protected, and the rules
must be made to match the needs of the whole country.
• Article 15(4) is not a rule that forces the government to act — it just gives
permission to take helpful steps if needed.
5.4 Article 16 – Equality in Matters of public Employment
• Equal Opportunity:
Everyone has the right to apply for government jobs. No one should be
discriminated against in public job opportunities.
• No Discrimination:
The State cannot discriminate based on religion, race, caste, sex, place of birth, or
residence when giving government jobs.
• Qualifications Allowed:
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The government can set educational and skill requirements for any job. That is not
considered discrimination.
• Reservation for Backward Classes:
The government can reserve some jobs for backward classes who are not well-
represented in government jobs.
• Local Needs:
Jobs may be reserved for locals who know the language and area well – for better
service.
• Reservation for Weaker Sections:
SCs, STs, and other backward communities may also get special reservation to
support the weaker sections of society.
• Religion-based Jobs:
In religious institutions, a law can say that only a person of that religion can hold a
post. But this does not apply to foreign citizens.
• Indra Sawhney (Mandal) Case Highlights:
o Creamy layer (rich people among backward classes) must be excluded from
reservation.
o Reservation should not cross 50% total.
o No reservation in promotions, only during initial hiring.
o Article 16(4) is a separate clause, not an exception.
o Backward classes under 16(4) ≠ Socially/Educationally Backward under 15(5).
o Backward classes can be divided into more backward and less backward for fair
benefit.
5.5 Article 17 – Abolition of Untouchability
• Article 17 of the Indian Constitution says untouchability is not allowed.
• Practicing untouchability is a crime, and anyone doing it can be punished by law.
• This was one of the first steps taken by the government for social change.
• Because the Article treats untouchability as a serious crime, the government
passed the Protection of Civil Rights Act, 1955 (earlier called the Untouchability
(Offenses) Act, 1955) to punish people who practice it.
• The word "untouchability" is not clearly defined in Article 17 or in the 1955 law.
• The word "untouchability" is not used in a regular or grammar-based way in the
Article.
• It refers to discrimination based on caste, especially against people born into
lower castes, and not based on how someone behaves.
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• The word "Harijan" (a name used for people from lower castes) is often used to
refer to an untouchable person.
• Untouchability is part of the caste system, and it doesn't depend on a person’s
intention. (“Men’s rea” means guilty mind or intention.)
5.6 Article 18 – Abolition of Titles
• Article 18 says that the government cannot give any titles to people.
• Indians are not allowed to accept titles from other countries either.
• During British rule, titles like "Rai Bahadur" and "Khan Bahadur" were given to
some people. These types of titles are now banned.
• But military and education-related titles (like Major, Doctor) are allowed.
• Awards like ‘Bharat Ratna’ and ‘Padma Vibhushan’ can be given, but they cannot
be used as titles in front of names (like "Bharat Ratna Rahul").
• The Supreme Court said on 15 December 1995 that these awards are valid, but
still should not be used as titles.
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