Right to Equality: Understanding Articles 16, 17, and 18 of the Indian Constitution

The Right to Equality is a cornerstone of the Indian Constitution, enshrined in Articles 16, 17, and 18. These articles aim to eliminate discrimination and promote equality in various facets of life, including public employment, social status, and civil rights. By addressing issues like untouchability and the conferral of titles, these provisions work towards creating a more just and equitable society.

Right to Equality

Article 16: “Equality of opportunity in matters of public employment”

• Article 16(1): ensures equal opportunities for all citizens in matters of employment or appointment to any office under the State. 
• Article 16(2): No citizen can face discrimination or be deemed ineligible for any state employment or office solely on the grounds of religion, race, caste, sex, descent, place of birth, or residence.
• Exceptions to the General Rule of Equality in Public Employment: There are a few exceptions to the general rule of equality of opportunity in matter of public employment they are as follows: 
• Residency Requirements, Article 16(3): Parliament has the authority to set residency requirements for specific jobs or positions within a state, union territory, or other local entities. 
• Public Employment (Requirement as to Residence) Act of 1957  lapsed in 1974, and now there is no such provision for any state except Andhra Pradesh and Telangana.
• Article 16(4) Reservation in State Services: The State has the authority to reserve positions or appointments for any backward class that is not sufficiently represented in the state services.

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• Article 16(5) Religious or Denominational Requirements:  A law can provide that a person holding a position within a religious or denominational institution, or a member of its governing board, should belong to that specific religion or denomination.
• Article 16(6) Economic Reservation: The state can allocate up to 10% of job positions or appointments for economically disadvantaged citizens.
• The criteria for determining who falls under the economically weaker section will be defined by the state periodically, based on family income and other signs of economic hardship.
• Legal Constraint: In the case of reservation and promotion, the court cannot issue the writ of mandamus. 
• The “writ of mandamus” is a legal remedy issued by a court to compel a public official or a government entity to perform a duty that they are legally obligated to perform. 
• It is a command from a higher court to a lower court, public official, or government agency to do something specific that the law requires them to do.

Comparison between Article 15 and Article 16

Reservation for Economically Weaker Section 

Supreme Court Ruling on the 103rd Constitutional Amendment: SC has affirmed the constitutionality of the 103rd Constitutional Amendment, which allocates a 10% quota for Economically Weaker Sections (EWS) from the forward castes in public employment and educational institutions throughout India.

• Significance Of The Verdict:
  • Addresses Inequality: The 10% quota aims to reduce educational and income inequality in India by enabling economically weaker citizens, who have been financially unable to access higher education and public employment, to do so.
  • Recognition of the Economic Backwards: Numerous individuals and groups, apart from the backward classes, are living in conditions marked by poverty and hunger. 
    • The suggested reservation via a constitutional amendment aims to grant constitutional acknowledgment to the economically disadvantaged from the upper castes.
• Reduction of Caste-Based Discrimination: This measure will progressively diminish the stigma linked to reservation, as it has traditionally been tied to caste, and individuals from the upper caste often view those who benefit from reservation with disdain.

Article 17:  Abolition of Untouchability 

Abolition of Untouchability: “Untouchability” is abolished and its practice in any form is forbidden. 

• The enforcement of any disability arising out of untouchability shall be an offense punishable in accordance with law.
• Amendment and Renaming of the Act: In 1976, the Untouchability (Offences) Act, of 1955 was extensively amended and renamed as the Protection of Civil Rights Act, of 1955, broadening its scope and enhancing penal provisions. 
• Definition and Scope of Civil Rights: The act defines civil rights as those stemming from the abolition of untouchability under Article 17 of the Constitution.  
• Clarification by the Mysore High Court: The term ‘untouchability’ lacks a constitutional or statutory definition, however , the Mysore High Court clarified it pertains to historical social disabilities based on caste, excluding practices like social boycott or exclusion from religious services. 
• Supreme Court Affirmation: The Supreme Court affirmed that Article 17 rights are available against  private individuals, obligating the State to prevent violations. 

Article 18: “Abolition of titles”

Abolition of Titles and Establishment of Equality: This article of the Indian Constitution revolves around the abolition of titles, aiming to establish equality among citizens by preventing any sort of special recognition or titles  which can be dynastic too like Raja, Nawab,Sahib,Bahadur which were state titles given by the British that could lead to a class distinction. 

• The doctrine of Equality is also envisaged under Article 18. 
• It is available only to the citizens.
• Article 18(1): No title, not being a military or academic distinction, shall be conferred by the State
  • This clause states that the Indian State shall not confer any titles on its citizens or a foreigner , except for military or academic distinctions. 
• Article 18(2): No citizen of India shall accept any title from any foreign State. 
  • This is to prevent external influence and to make sure that Indian citizens don’t hold any special status or allegiance due to a title conferred by a foreign entity.
• Article 18(3):  No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. 
  • This clause specifies that a non-citizen , holding any position of benefit or trust under the Indian State, cannot accept any titles from a foreign state unless they have permission from the President of India. 
• Article 18(4): No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State. 
  • No person- citizen or non-citizen, holding any office of profit or trust under the Indian State is not allowed to accept any gifts, salary, or any kind of office from or under a foreign state without the consent of the President. 

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Conclusion

The Right to Equality enshrined in Articles 16, 17, and 18 of the Indian Constitution is fundamental to ensuring justice and fairness in Indian society. 

• By promoting equal opportunities in public employment, abolishing untouchability, and preventing the conferral of titles, these articles help to dismantle systemic inequalities and foster a sense of equal citizenship among all Indians.

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