Right To Equality (Article 14-18)

Article 14 to 18 of the constitution deals with Right to equality. Article 14 deals with fundamental principal of equality but the constitution makers were not satisfied with that only. Constitution makers also made provisions for eliminating inequality which were existing in the Indian Society due to socio economic reasons.

EQUALITY BEFORE LAW  (ARTICLE 14)

Article 14 provides that everybody is equal before law.  The term “equality before law” has been taken from British Common Law which means that everybody is equal before eyes of law. No body has special privileges. Every person whatever his rank or position is subject to jurisdiction of ordinary courts. The term “equal protection of the laws” has been taken from 14^th amendment of the American Constitution and is corollary to “equality before law”.

Principle of reasonable classification

Equality before law does not mean same treatment to everybody. Same treatment to everybody may result in unequal treatment. A child can not be treated in similar manner as an adult. A very rich person may not be  taxed in similar manner as very poor person.  As such reasonable classification of things or persons is not violative of Article 14. The courts have developed various tests for reasonable classification which is permissible under Article 14.

• The classification must be based on intelligible differentia which distinguished persons or things that are grouped together from others left out of group
• The differential must have a rational relation to the object sought to be achieved.

Principle of Arbitrariness

The horizons of equality is gradually expanding. In E. P. Royappa Vs. State of Tamil Nadu (1974 AIR 555) the Supreme Court propounded right of equality is antithetic of “arbitrariness”.   If a legislation or an administrative action is arbitrary, it is in violation  of Article 14. Many acts and administrative actions have been struck down on this ground by the Supreme Court. Some of important cases are Maneka Gandhi Vs. Union of India, Triple Talaq Case etc.

Article 15 (1) prohibits discrimination on grounds of religion, race, caste, sex, place of birth or any of them.

RIGHT AGAINST DISCRIMINATION (ARTICLE 15)

Article 15 (2) provides that no citizen on grounds of religion, race, caste, sex, place of birth or any of them can be subjected to any disability, liability, restriction or condition with regard to

1. Access to shops, public restaurants, hotels and places of public entertainment
2. use of wells, tanks, bathing ghats, roads and places of public resort wholly or partly out of state funds or dedicated to the use of the general public.

Article 15 (3) permits the state to make special provision for women and children.

Article 15 (4) has been inserted vide 1^st Amendment of the Indian Constitution. This amendment has been passed by Parliament due to judgment of Supreme Court in State of Madras Vs. Champakam Dorairajan ((AIR 1951 SC 226) wherein Supreme Court has struck down reservation in educational institutions on the basis of caste. Article 15 (4) permits the State to make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

Article 15 (5) has been inserted vide 93^rd Amendment Act.  This amendment has been passed by the Parliament after judgment of the Supreme Court in T.M.A Pai Foundation Vs. State of Karnatka ((2002) 8 SCC 481) and   P. A. Inamdar Vs. State of Maharastra  ((2005) 6 SCC 537) wherein the Supreme Court has held that state cannot impose reservation on unaided minority and non-minority institutions.

Article 15 (6) has been inserted vide 103^rd Amendment Act. Article 15 (6) empowers state to make special  provisions of economically weaker sections of society. Article 15 (6) and Article 16 (6) was challenged before the Supreme Court in Janhit Abhiyan Vs. Union of India (Writ Petition (Civil ) 55 of 2019, wherein Supreme Court declared these amendments constitutional.

EQUAL OPPORTUNITY OF PUBLIC EMPLOYMENT (ARTICLE 16)

Article 16 (1) provides equality of opportunity to every citizen in matter of public employment or office under the state.

Article 16 (2) provides that no citizen can be discriminated against in respect of public employment or public office on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.

Article 16 (3) empowers Parliament to make any law in regard to class or classes of employment or appointment to an office under government of State, Union Territory or Local Authority regarding residence within such State, Union Territory, Local Authority.

Article 16 (4) empowers state to make any provision for reservation of appointment of posts in favour of any backward class of citizens which in the opinion of state is not adequately represented in the services under the state. How to identify backward class of citizens and to what extent reservation should be given has been a contentious issue. Constitutional Bench of the Supreme Court in Indra Sawhney & Ors Vs. Union of India AIR 1993 SC 477 (Mandal Commission Case) upheld reservation given to Other Backward Classes to the extent of 27%.  The Supreme Court held that caste can be sole ground of identification of backward classes. It was also held that reservation can be given up to 50% of vacant posts. Creamy layers of Other Backward Classes were to be kept outside the reservation. No reservation was to given in promotion.

Article 16 (4A) was introduced vide Seventy Seventh Amendment to the Constitution.  The Supreme Court has held in Indra Sawhney Case  that Article 16 (4) does not apply to promotions. Seventy Seventh amendment was inserted to nullify this aspect. Article 16 (4A) empowers state to make any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

Article 16  (4B) was introduced vide 85^th amendment to the Constitution. Article 16 (4B) empowers State to consider any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.

Article 16 (4A) and (4B) were challenged before the Supreme Court in   M. Nagraj Vs. Union of India (AIR 2007 SC71) wherein the Supreme Court held these amendments valid. But the Supreme Court in this case before granting reservation in promotion inserted three conditions – (i) demonstration of backwardness of SC/ST (ii) prove that SC/ST is inadequately represented in relevant public employment, (iii) maintain the overall efficiency of employment.  In Jarnail singh vs. Lachhmi Narayan Gupta the Supreme Court struck down demonstration of backwardness clause from Nagraj but excluded creamy layer.

Article 16 (5) exempt such laws which provide that incumbment of office in connection with affairs of any religious or denominational institution or any member of the governing body thereof shall be person professing a particular religion or belonging to a particular denomination.

Article 16 (6) has been inserted vide 103^rd amendment to the Constitution. Article 16 (6) provides for making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.

ABOLITION OF UNTOUCHABILITY (ARTICLE 17) 

Untouchability was one of social practice in India which needed to be abolished. Article 17 abolished untouchability and its practice in any form is forbidden. Any practice of untouchability has been made an offence.

ABOLITION OF TITLES (ARTICLE 18) 

Article 18 abolishes all titles. State cannot confer any title except military or academic one.  Citizens have been also barred from receiving any title from foreign state. A person, who is not citizen of India, but holds any office of profit or trust under the state, accept without consent of President any title from foreign state. No person, who holds any office of profit or trust under the state, accept any present, emolument, office of any kind from or under any foreign state.

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