Shruti Goel initially wrote this article, with updates by Mohd Atif Zakir. It provides a concise overview of the fundamental right known as the "right to equality." The article delves into the detailed explanation of Articles 14 to 18 of the Indian Constitution and highlights significant cases that have influenced the interpretation and application of the right to equality.
Introduction
In India, equal treatment by the State and its authorities has been a perennial legal question, especially in a democratic setup. Before India gained independence, its residents faced discrimination based on caste, religion, color, and place of birth. Upon becoming an independent nation, the framers of the Indian Constitution emphasized civil liberties, particularly equality, to eliminate these discriminatory practices and promote the upliftment of backward classes.
The fundamental rights enshrined in the Indian Constitution were designed to protect the civil liberties and freedom of individuals in the country. While some rights are exclusively for Indian citizens, the right to equality is guaranteed to everyone, regardless of their citizenship status.
Meaning of Right to Equality
Democracy thrives on the principle of equal treatment for all individuals, free from discrimination. The framers of the Constitution of India recognized the necessity of incorporating provisions to eradicate social and economic inequalities, allowing diverse communities to enjoy their rights and freedoms.
The right to equality means the absence of legal discrimination based on caste, race, religion, sex, or place of birth, ensuring equal rights for all citizens. It also signifies equal treatment under similar circumstances, while unequal situations warrant differential treatment. The Indian Constitution primarily enshrines the right to equality in Articles 14 to 18, encompassing various branches of equality.
Significance of the Right to Equality
The right to equality is a fundamental right intended to ensure fair and equal treatment for all individuals. It guards against discrimination and ensures that all people, regardless of their background, have equal opportunities and access to state resources.
Article 14: Equality Before the Law
Article 14 of the Indian Constitution establishes the principle of "equality before the law" and "equal protection of the laws" within the territory of India. It aims to establish the "Rule of Law," which applies equally to all individuals, irrespective of their rank or position.
Person as Under Article 14 of the Constitution
The term "person" under Article 14 includes both natural persons (living individuals) and juristic persons (legal entities like corporations). The right to equality is available to all persons, ensuring that no discrimination occurs in matters of law.
Equality Before the Law
Derived from English common law, this principle implies that no individual is above the law, and everyone is subject to the jurisdiction of ordinary courts, regardless of their status.
Equal Protection of the Laws
This concept, borrowed from the 14th Amendment of the U.S. Constitution, emphasizes treating individuals alike under similar circumstances while allowing for differential treatment in unequal situations.
Exceptions to the Right to Equality
Certain exceptions to the right to equality exist, such as immunity for the President and Governors, privileges for members of Parliament and State Legislatures, and reasonable classification based on intelligible differentia, among others.
Rule of Law
The principle of Article 14 is based on the "Rule of Law," which mandates that all individuals and institutions, including the government, are accountable to the law.
Underlying Principle Behind the Right to Equality
The underlying principle is not equal treatment for all, but equal treatment for similar individuals and differential treatment for those who are not alike.
Landmark Judgments About Article 14
Several landmark judgments have shaped the interpretation and application of Article 14, including cases like State of West Bengal vs. Anwar Ali Sarkar and Vishaka & Ors vs. State of Rajasthan, among others.
Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth
Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth. It extends protection against discrimination to all citizens, ensuring equal access to public places and state resources.
Article 16: Equality of Opportunity in Matters of Public Employment
Article 16 mandates equal opportunity in matters of public employment, prohibiting discrimination based on race, sex, caste, religion, or place of birth. It allows for reservations for backward classes, ensuring representation in state services.
Article 17: Abolition of Untouchability
Article 17 abolishes untouchability and forbids its practice in any form. Enforcing any disability arising from untouchability is punishable by law, ensuring social equality.
Article 18: Abolition of Titles
Article 18 prohibits the conferment of titles by the State, except for military or academic distinctions. It emphasizes the abolition of titles to maintain social equality and prevent discrimination based on status or rank.
Conclusion
The right to equality is a cornerstone of the Indian Constitution, essential for achieving social and economic justice. It ensures equal opportunities and treatment for all, fostering the development of a just and equitable society.
Frequently Asked Questions (FAQs)
Who can enjoy equality under Articles 14 to 18 in India?
The right to equality under Article 14 is available to all persons within India, while Articles 15 to 16 extend to all citizens. Articles 17 to 18 apply to everyone, irrespective of nationality.
Why do we need fundamental rights?
Fundamental rights provide essential freedoms and protections, ensuring a balanced and harmonious living standard, and are crucial for a society’s development and advancement.
What body is considered the protector of fundamental rights?
The Supreme Court and High Courts in India are empowered to protect fundamental rights, allowing individuals to seek redress in cases of violation.
Can the fundamental rights under Articles 14 to 18 be suspended?
Fundamental rights can be suspended during a national emergency in India, except for Articles 20 and 21, which remain enforceable.
Why is the right to equality guaranteed to even non-citizens of India?
The right to equality for non-citizens ensures fair treatment and justice, aligning with international commitments and the Universal Declaration of Human Rights.
