An In-Depth Analysis of India’s Right to Equality (Articles 14-18)

Equality Under the Indian Constitution: Safeguarding Fundamental Rights for All

The Right to Equality, encapsulated in Articles 14 to 18 of the Indian Constitution, is a cornerstone of the country’s legal framework. This fundamental right ensures that all individuals are treated equally before the law and are not discriminated against on the grounds of religion, race, caste, sex, or place of birth. It aims to foster a society based on fairness, justice, and equal opportunity for all citizens, irrespective of their background or status.

Analyzing Articles 14-18 in the Indian Legal Framework

Article 14: Equality before Law and Equal Protection of Laws

• Article 14 says the state shall not deny to any person “equality before the law” or the “equal protection of the laws” within the territory of India.
• Equality Before Law (British Origin + Negative connotation): Absence of any special privileges in favour of any person; 
  • Equal subjection of all persons to ordinary law of land administered by ordinary law courts;
  • No person is above the law.
• Equal Protection of Law (American Origin + Positive notion):
  • Equality of treatment under equal circumstances, both in privileges conferred and liabilities imposed by the laws;
  • Similar application of the same laws to all persons who are similarly situated;
  • Like should be treated alike without any discrimination.
• Differential Treatment: The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply.
  • Article 14 forbids class legislation, but it permits the reasonable classification of persons, objects and transactions by the law (should not be arbitrary, artificial or evasive).
  • Confers rights to all persons (citizens and foreigners) and includes Legal Persons.
• Rule of Law (by A V Dicey) (Basic feature of the Constitution): The concept of ‘Equality before Law’ is an element of the Rule of Law.
  • Rule of Law has 3 fundamental principles: The first and the second elements are applicable to the Indian System (the Constitution is the source of the individual rights) 
    • Absence of Arbitrary Power: Applicable to the Indian System. [UPSC 2021]
    • Equality Before the Law: Applicable to the Indian System.
    • Primacy of Individual Rights: Not applicable to the Indian System, as the constitution is the source of individual rights.
• Exceptions to Equality:
  • Art 361: The President of India and the Governor enjoy few immunities.
  • Art 361-A: No person is liable for any civil or criminal proceedings in any court in respect of publication in the newspaper (or by radio/television) of a substantially true report of any proceedings of Parliament or the state legislature.
  • Art 105: Parliamentary privilege of members of Parliament.
  • Art 194: Privileges of members of the state legislature in the legislature or any committee there of.
  • Art 31-C: SC held that where “Art 31-C comes in, Art 14 goes out”. 
    • It provides that the laws made by the state for implementing the directive principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the grounds that they are violative of Article 14.
  • Diplomatic Immunity: Foreign sovereigns and diplomats enjoy immunity from criminal and civil proceedings.
    • The UNO and its agencies enjoy diplomatic immunity.

Article 15: Prohibition of Discrimination on Certain Grounds

• Article 15(1): The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
  • The word ‘only’ connotes that discrimination on other grounds is not prohibited.
• Article 15(2):  No citizen faces discrimination based on religion, race, caste, sex, or place of birth in accessing public spaces or facilities, whether maintained by the state or private entities.
  • Access to shops, public restaurants, hotels and places of public entertainment (Prohibits discrimination only by the State)
  • The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly by State funds (Prohibits discrimination both by the State and private individuals)

Exceptions to This General Rule of Non-discrimination:

• • Article 15(3): The State is permitted to make any special provision for women and children.
  • Article 15(4): For the advancement of any socially and educationally backward classes or SCs and STs.
  • Article 15(5): For the advancement of any socially and educationally backward classes of citizens or for SCs and STs regarding their admission to educational institutions, including private educational institutions, whether aided or unaided by the state except minority educational institutions. 
    • For the advancement of any economically weaker section (EWS) of citizens.

• Reservation for OBCs in Educational Institutions:

• • • Exception in Article 15 (5): The 93rd Amendment Act (2005)  enacted Central Educational Institutions (reservation in admission) Act, 2006, providing quota for 27% reservation for the OBCs in all central higher educational institutions including the IITs and the IIM.
      • The Supreme Court upheld the validity and directed the central government to exclude the ‘creamy layer’ (advanced sections) among the OBCs while implementing the law.

• Article 15(6): Reservation for EWS in Educational Institutions:

• • Exception in Article 15 (6) was added by the 103rd Amendment Act of 2019. 
  • 10% reservation to EWS in admission to educational institutions was introduced.
  • EWSs who are not covered under any of the existing schemes of reservations for SCs, STs and OBCs.

Article 16: Prohibits Discrimination in Employment in Any Government Office.

• • Article 16(1): Equality of opportunity for all citizens in matters of public employment or appointment to any office under the state.
  • Article 16(2): No citizen can be discriminated against or be ineligible for any employment or office under the state on grounds of only religion, race, caste, sex, descent, place of birth or residence.

• Exceptions to This General Rule of Equality of Opportunity:

• • Article 16(3): Parliament can prescribe residence as a condition for certain employment or appointment in a State or UT or local authority or other authority (presently only in Andhra Pradesh and Telangana).
  • Article 16(4): The state can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in state services
    • Article 16(4A):  Allows the State to implement reservation policies for SC/ST in promotions to address underrepresentation in state services.
    • Article 16(4B): Allows the State to treat unfilled reserved vacancies from one year as a separate category for filling in subsequent years, not counted towards the 50% reservation ceiling for that year’s total vacancies.
  • Article 16(5): A law can provide that the incumbent of an office related to a religious or denominational institution or a member of its governing body should belong to the particular religion or denomination.
  • Article 16(6): State is permitted to make a provision for the reservation of upto 10% of appointment of post in favour of any citizen belonging to EWS.

• SC in Indra Sawhney (1992), examined the scope and extent of Article 16(4):
  • It upheld the constitutional validity of 27% reservation for the OBCs with certain conditions.
  • Advanced sections among the OBCs (the creamy layer) should be excluded from the list of beneficiaries of reservation.
  • Rejected the additional reservation of 10% for poorer sections.
  • Total reserved quota should not exceed 50% except in some extraordinary situations.
  • No reservation in promotions; reservation should be confined to initial appointments only.
  • Advanced sections among the OBCs should be excluded- creamy layer
  • ‘Carry Forward Rule’ in case of backlog vacancies is valid – should not violate the 50% rule.
  • A permanent statutory body should be established to examine inclusion-exclusion purposes.
• Following Supreme Court rulings, the government has implemented the following measures:
  • The Ram Nandan Committee: (submitted a report in 1993) was appointed to identify the creamy layer among the OBCs.
  • NCBC (National Commission Backward Classes) was established by an Act in 1993. 
    • It was accorded constitutional status by the  102nd CAA (2018) by inserting a new Article 338-B in the constitution.
  • Consequential Seniority: Introduced by the 85th Amendment Act of 2001 for government servants from SC/ST, applied retrospectively from June 1995.
  • Shielding Tamil Nadu Reservations Act: The 76th Amendment Act of 1994 incorporated the Tamil Nadu Reservations Act of 1994 into the Ninth Schedule, shielding it from judicial scrutiny despite its provision of 69% reservation, surpassing the 50% limit.

Article 17: Abolition of Untouchability

• It abolishes ‘untouchability’ and forbids its practice in any form. [UPSC 2020]
• The Untouchability (Offences) Act, 1955 was amended in 1976 and renamed as “Protection of Civil Rights Act, 1955”. 
  • Defines Civil Rights: The act defines civil right as any right accruing to a person because of the abolition of untouchability by Article 17 of the Constitution.
  • Punishment for Untouchability Offenses: Up to six months’ imprisonment or a fine of up to 500, or both.
  • The act declares the following acts as offenses:
    • Prohibiting entry or worship in public places of worship.
    • Justification of untouchability(such as Religious, Philosophical) on any grounds prohibited.
    • Denying access to shops, hotels, or public entertainment
    • Insulting a Scheduled Caste person for untouchability is prohibited.
    • Refusing admission to hospitals, educational institutions, or hostels
    • Preaching untouchability directly or indirectly
    • Refusing to sell goods or render services to any person.
• “Untouchability” in Constitution: The phrase “Untouchability” is not defined either in the Constitution or in the act.
• Mysore High Court: The subject matter of Article 17 is not untouchability in the literal or grammatical sense but the ‘practice as it had developed historically in the country’.
  • Exception: Does not cover the social boycott of a few individuals or their exclusion from religious services etc.
• People’s Union For Democratic Rights case (1982): The Supreme Court  held that the right under Article 17 is available against private individuals, and it is the constitutional obligation of the state to take necessary action to ensure that this right is not violated.

Article 18: Abolition of Titles

• It abolishes titles and makes four provisions in that regard:
  • It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen or a foreigner.
  • It prohibits a citizen of India from accepting any title from any foreign state.
  • Foreigners holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the President.
  • No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument/office from/under any foreign State without the consent of the president.
• The Supreme Court in Balaji Raghavan Case (1996): SC upheld the constitutional validity of the National Awards–Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri. [UPSC 2021]
  • Prohibits Only Hereditary Titles: SC ruled that these awards do not amount to ‘titles’ within the meaning of Article 18, which prohibits only hereditary titles of nobility – Maharaja, Raj/Rai Bahadur, Rai Saheb, Dewan Bahadur etc.
  • Prohibiting Suffixes and Prefixes: They should not be used as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the awards.
• National Awards: These were instituted in 1954. The Janata Party government headed by Morarji Desai discontinued them in 1977. 
  • But they were again revived in 1980 by the Indira Gandhi government.

Conclusion

• The Right to Equality serves as a cornerstone of justice and fairness, ensuring equal treatment under the law for all individuals regardless of religion, race, caste, sex, or place of birth. 
• It prohibits discrimination in various spheres, including access to public spaces, opportunities in employment, and entitlement to reservations. 
• The constitutional provisions not only mandate equality before the law but also empower the state to enact affirmative action to rectify historical injustices. 
• Overall, the Right to Equality embodies the democratic ethos of India, promoting inclusivity, diversity, and social harmony.