What is the right to equality?

The right to equality is a fundamental right that ensures every person is treated equally before the law, without discrimination on the basis of religion, race, caste, sex, or place of birth.

Where is the right to equality recognized?

The right to equality is recognized in various international human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many national constitutions.

What are the types of equality recognized under the right to equality?

The right to equality recognizes four types of equality, namely, equality before the law, equality of opportunity, equality of treatment, and equality of outcomes.

What is the significance of the right to equality?

The right to equality is significant as it ensures that all individuals are treated equally and with dignity, regardless of their personal characteristics. It helps to eliminate discrimination, prejudice, and biases and promotes social justice and equality.

Right To Equality Article 14 to 18, Explanation & Importance

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Right To Equality: The Constitution of India is the supreme law of the land, which guarantees certain fundamental rights to every citizen of the country. Among these fundamental rights, the right to equality is one of the most important and fundamental rights enshrined in the Constitution. Articles 14 to 18 of the Constitution deal with the right to equality.

Right to Equality

The right to equality is a fundamental human right that guarantees that all individuals are treated equally under the law and have access to the same opportunities and protections.

It is a cornerstone of many legal systems and is enshrined in various international human rights treaties and national constitutions.
The right to equality includes protection against discrimination on the basis of race, gender, religion, nationality, age, sexual orientation, or any other characteristic that might result in unequal treatment.
It also includes the right to equal protection under the law and the right to access education, employment, housing, healthcare, and other essential services without discrimination.
In practice, the right to equality requires governments to take proactive steps to ensure that all individuals are able to enjoy their rights equally.
This may involve affirmative action programs to address historical inequalities, as well as efforts to address discriminatory practices and biases in society.

Article 14: Equality before the Law

Article 14 of the Constitution of India under right to equality declares that the State shall not deny any person equality before the law or equal protection of the laws within the territory of India. This means that every person in India, whether a citizen or a foreigner, is equal before the law and has the right to equal protection of the law. It also means that the law must treat all persons equally, without any discrimination on the basis of caste, religion, race, sex or place of birth.

Here are some landmark cases related to Article 14 under the provisions of right to equality:

State of Kerala v. N.M. Thomas (1976): In this case, the court declared that the concept of ‘equal pay for equal work’ is a fundamental right under Article 14. The court held that employees who do the same work must be paid the same wages, irrespective of their gender, race, or caste.
Indra Sawhney v. Union of India (1992): This case is also known as the Mandal Commission case. The court upheld the reservation of seats in educational institutions and public employment for socially and educationally backward classes, also known as the OBCs. The court held that the principle of reservation is based on the right to equality and social justice.

Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth under provisions of right to equality. The State shall not discriminate against any citizen on the basis of these grounds. The article also allows the State to make special provisions for women and children, and for socially and educationally backward classes of citizens, or for the Scheduled Castes and the Scheduled Tribes. The landmark cases under Article 15 of the Indian Constitution are:

State of Madras v. Champakam Dorairajan (1951): This was the first case to test the constitutionality of Article 15 under provisions of right to equality. The Madras High Court had upheld a government order reserving seats in medical and engineering colleges for Backward Classes. The Supreme Court, however, held that the order violated Article 15(1) and struck it down. This led to the insertion of Article 15(4) in the Constitution, allowing for reservations.
M.R. Balaji v. State of Mysore (1963): This case dealt with the validity of reservations for socially and educationally backward classes in public employment. The Supreme Court upheld the validity of reservations as long as they were reasonable and did not exceed 50%.
Indra Sawhney v. Union of India (1992): This case, also known as the Mandal Commission case, dealt with the implementation of reservations for Other Backward Classes (OBCs) in public employment. The Supreme Court upheld the validity of reservations for OBCs but struck down reservations for economically backward classes.
Ashoka Kumar Thakur v. Union of India (2008): This case dealt with the validity of reservations in higher education institutions. The Supreme Court upheld the validity of reservations but held that creamy layer exclusion must be applied to OBCs to prevent the reservation benefits from being availed of by the socially and economically advanced sections within the OBCs.

Article 16: Equality of Opportunity in Matters of Public Employment

Article 16 provides for equality of opportunity in matters of public employment under the provisions of right to equality. It prohibits the State from discriminating against any citizen on the grounds of religion, race, caste, sex, descent, place of birth, or residence in respect of any employment or office under the State. It also provides for reservations in favor of any backward class of citizens or Scheduled Castes and Scheduled Tribes. The landmark cases under Article 16 of the Indian Constitution are as follows:

M. Nagaraj v. Union of India (2006): This case dealt with the issue of whether the State was required to collect quantifiable data showing backwardness, inadequacy of representation, and overall efficiency in the administration before providing reservation in promotion to SC/ST employees. The Supreme Court held that the State was required to collect such data and that the reservation in promotion should not exceed 50% without compelling reasons.
Jarnail Singh v. Lachhmi Narain Gupta (2018): This case dealt with the issue of whether the “creamy layer” principle, which excludes certain economically and socially advanced members of SC/ST communities from reservation benefits, should be applied to promotions. The Supreme Court held that the “creamy layer” principle should be applied to promotions in public employment.

Article 17: Abolition of Untouchability

Article 17 of the Constitution abolishes the practice of untouchability. The practice of untouchability is prohibited and its enforcement in any form is a punishable offense under the law. In the case of Kasturilal v. State of Jammu and Kashmir (1965) the Supreme Court held that the denial of admission to a school on the basis of a person’s caste or religion is a violation of Article 17 of the Constitution. This Case is considered as the landmark case under Article 17 of the Indian Constitution under Right to Equality.

Article 18: Abolition of Titles

Article 18 of the Constitution abolishes titles, except military and academic titles. No citizen of India can accept any title from any foreign state without the consent of the President of India. This article is based on the principle of equality, as it ensures that no one is given special treatment or privilege on the basis of their title.

The right to equality is a fundamental right that is enshrined in the Constitution of India. Articles 14 to 18 of the Constitution deal with this right and ensure that every person in India is equal before the law and has the right to equal protection of the law. These articles prohibit discrimination on the basis of religion, race, caste, sex, or place of birth, and provide for equality of opportunity in matters of public employment. They also abolish the practice of untouchability and titles. The right to equality is a cornerstone of the Indian Constitution and is essential for the development of a just and democratic society.

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