Article 14-18 – Right to Equality

The principle of equality is a cornerstone of human rights. It guarantees that all individuals receive fair and equitable treatment. This principle asserts that every person, irrespective of their background, is entitled to the same legal protections. Discrimination on the basis of religion, race, caste, gender, or place of origin is expressly forbidden. Furthermore, it ensures that all individuals have access to equal opportunities and safeguards.

Synopsis: 

1. What is the Right to Equality?
2. Different Types of Equality
3. Constitutional Articles
4. Article 14 – Equality Before The Law
5. Article 15 – Prohibition Of Discrimination
6. Article 16 – Equal Opportunity In Public Employment
7. Article 17 – Abolition Of Untouchability
8. Article 18 – Abolition Of Titles

1. What is the Right to Equality?
   
   The principle of equality is an essential element necessary for the realization of the rights afforded to citizens of India. The concept of “right to equality” encompasses the obligation to ensure that all individuals are treated uniformly under the legal framework of the nation, while also eliminating any discrimination based on gender, caste, ethnicity, religion, or birthplace. The Constitutional Bench of the Supreme Court has determined that the right to equality constitutes a fundamental aspect of the Constitution’s structure. Consequently, the various rights and privileges enshrined in the Constitution are predicated upon this foundational principle.
   
2. Different Types of Equality
   
   Various forms of equality are present within society, which can be categorized as follows:
   1. Legal Equality – All individuals are regarded as equal under the law.
   2. Social Equality – Individuals should receive equal treatment, free from discrimination based on factors such as caste, race, or religion.
   3. Economic Equality – Each person should have an equal right to access and enjoy wealth.
   4. Political Equality – All individuals should have the right to vote, run for office, and occupy public positions.
   5. National Equality – Every nation should be afforded equal treatment on the global stage.

3. Constitutional Articles
   

Article	Description
Article 14	Ensures equality before the law. Prohibits discrimination based on religion, race, caste, sex, or place of birth.
Article 15	Prohibits discrimination by the state based on religion, race, caste, sex, or place of birth. Allows special provisions for socially and educationally backward classes.
Article 16	Guarantees equality of opportunity in public employment. Prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence.
Article 17	Abolishes the practice of untouchability. Imposes penalties for its enforcement.
Article 18	Prohibits the conferment of titles by the State. This includes titles of nobility. Citizens are barred from accepting titles from foreign states.

4. Article 14 – Equality Before The Law
   
   Article 14 of the Indian Constitution articulates 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.” This provision encompasses two fundamental principles: Equality before the law and Equal Protection of the law.
   
   Equality Before Law: This principle is derived from the British Constitution and embodies a negative concept. It asserts that no individual is above the law, mandating that all persons are subject to the same legal standards without any preferential treatment. This notion aligns with A.V. Dicey’s interpretation of the Rule of Law, which is a cornerstone of the British legal system. The Supreme Court of India has recognized this principle as a fundamental aspect of the Indian Constitution.
   
   Equal Protection of Law: In contrast, this principle is a positive concept influenced by the American Constitution. It stipulates that identical laws must be applied to all individuals in similar circumstances. Article 14 is applicable to both citizens and non-citizens alike. The term ‘person’ within this article encompasses not only natural persons but also legal entities such as corporations and companies. However, there are certain exceptions to the principle of equality before the law, which include:
   
   Members of Parliament and State Legislatures are granted immunity from legal proceedings concerning their votes or statements made within the legislative assemblies.
   During their tenure, the President and the Governor enjoy specific immunities, including:
   – Protection from criminal proceedings.
   – Immunity from civil proceedings unless a two-month notice is provided.
   – Protection from arrest or imprisonment.
   – Exemption from accountability to any court regarding the execution of their official duties. Additionally, foreign ambassadors and diplomats are also shielded from civil and criminal proceedings.

5. Article 15 – Prohibition Of Discrimination
   
   Article 15(1): This provision explicitly forbids the State from engaging in unfavorable treatment or discrimination against citizens on the basis of religion, race, caste, sex, or place of birth. It is important to note that discrimination on other grounds is not addressed by this article.
   
   Article 15(2): This provision prohibits both the State and individuals from imposing any form of disability, liability, restriction, or condition on individuals based on religion, race, caste, sex, or place of birth in the following contexts:
   – Access to shops, public restaurants, hotels, and venues for public entertainment.
   – Utilization of wells, tanks, bathing ghats, roads, and public places that are maintained wholly or partially with State funds or are designated for public use.
   
   The following four clauses outline exceptions where discrimination is constitutionally permissible.
   
   Article 15(3): This clause permits the State to establish special provisions aimed at the welfare of women and children.
   Article 15(4): This clause empowers the State to create provisions for the advancement of any socially and educationally disadvantaged classes of citizens, including Scheduled Castes and Scheduled Tribes.
   Article 15(5): Introduced by the 93rd Constitutional Amendment Act of 2005, this clause allows the State to implement measures for the advancement of socially and educationally backward classes of citizens, as well as Scheduled Castes and Scheduled Tribes, specifically concerning their admission to educational institutions, including private institutions that may or may not receive State aid (excluding minority educational institutions).
   Article 15(6): Added by the 103rd Constitutional Amendment Act of 2019, this clause enables the State to create provisions for the upliftment of economically weaker sections of society, including the reservation of up to 10% additional seats for these groups in educational institutions, encompassing private institutions that receive State aid.

6. Article 16 – Equal Opportunity In Public Employment
   
   This article addresses the principle of equality in opportunities for individuals seeking public employment.
   
   Article 16(1) stipulates that all citizens of India are entitled to equal opportunities concerning employment or appointments to any public office.
   
   Article 16(2) explicitly prohibits discrimination against citizens based on religion, race, caste, sex, descent, place of birth, or residence in matters of employment or public office appointments.
   
   In a manner similar to Article 15 of the Constitution, Article 16 includes certain exceptions:
   Article 16(3) permits the Parliament to establish residency requirements as a condition for specific employment or public office appointments. Article 16(4) allows the State to implement provisions for the reservation of appointments or posts to ensure adequate representation of any backward classes within State services. Article 16(5) enables the enactment of laws stipulating that individuals holding positions related to religious or denominational institutions, or members of their governing bodies, must belong to a specific religion or denomination. Finally, Article 16(6) authorizes the State to reserve up to 10% of appointments or posts for individuals from economically weaker sections of society.

7. Article 17 – Abolition Of Untouchability
   
   Article 17 of the Indian Constitution prohibits the practice of untouchability in all its forms. This provision stipulates that any form of discrimination or disadvantage resulting from untouchability constitutes a punishable offense.
   
   While the Constitution does not provide a specific definition for the term ‘untouchability,’ the Mysore High Court has interpreted that the essence of Article 17 pertains not to the literal or grammatical interpretation of untouchability, but rather to the historical practices that have evolved in the country.

8. Article 18 – Abolition Of Titles
   
   Article 18, which pertains to the principle of equality, encompasses four provisions that address the issue of titles. These provisions are outlined as follows:
   1. Article 18(1): This provision stipulates that the State is prohibited from granting any titles, with the exception of those awarded for military or academic achievements.
   2. Article 18(2): This clause explicitly forbids Indian citizens from accepting any titles from foreign governments.
   3. Article 18(3): This provision restricts foreigners who occupy positions of profit or trust within the State from receiving titles from foreign entities unless they obtain prior approval from the President of India.
   4. Article 18(4): This clause prohibits any individual, whether a citizen or a foreign national, holding a position of profit or trust under the State from accepting gifts, benefits, or positions from foreign states without the consent of the President of India.