The document discusses the key articles - 14, 15, 16, 17, and 18 - relating to the fundamental right to equality in the Indian Constitution. Article 14 establishes the principles of equality before the law and equal protection under the law. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in matters of public employment. Article 17 abolishes untouchability and Article 18 prohibits the state from conferring titles on citizens.
2. RIGHTS TO EQUALITY
Right to Equality is listed under Article 14 to Article 18 of the
Indian Constitution.
Right to Equality falls under the category of Fundamental
rights.
The word Fundamental suggested that these rights are so
important that the constitution has separately listed them &
made special provisions for their protection.
These Fundamental Rights can only be changed by Amending
the Constitution.
3.
4. Article 14
→ This is the Main & Core Article under Rights to Equality
→ Article 14 states that ‘ The State shall not deny any person Equality
before the Law or the Equal protection of Law within the territory of
India. i.e. :- no men is above the law.
Equality before Law Equal protection of Law
(English Origin) (Adopted from American Constitution)
Absence of Any Special Privileges Equality Treatment in Equal Circumstance
5. Art. 14 conti…..
a) Article 14 provides a general principle of equality. Whereas, the article
15, 16, 17, & 18 provide for a particular application.
b) Most importantly article 14 provides classification but prohibits class
legislation.
CLASSIFICATION : Different pay scales for trained teachers &
untrained teachers.
CLASS LEGISLATION: Higher pay scales for men & lower for women.
This affects a particular class of people.
6. Article 15
No discrimination on the grounds of religion, race, caste,
sex, etc.
I. The State shall not discriminate against any citizen on such
basis.
II. Prohibits citizens as well as state to make such discrimination
with regards to access to shop, hotels, etc.
III. Empowers the state to make special provisions for the
protection of women & children.
IV. Enables the state to make special provisions for the protection
of backward classes and thus, is an exception to article 15.
7. Article 16
→ Article 16 --- Guarantees the Equality of Opportunity in Public
Employment for all citizens.
→ And no citizen shall be discriminated on basis of race, caste,
creed, religion, etc. in public employment.
→ But Article 16 doesn’t prevent the state from prescribing
necessary qualification.
8. Article 17
→ Article 17 deals with Abolition of Untouchability & forbids its
practice in any form.
→If it is so practised it shall be dealt with as an offence
punishable in accordance with the law.
9. Article 18
→ It prohibits the state to confer titles on any body whether a
citizen or a non citizen.
→ However, the Military & Academic distinctions are exemption.
Conferment Titles
(Titles of “Bharat Ratna”, “Padma Vibhushan”, “Padma Shri”, etc. are not prohibited as they merely
denotes state recognition of good work.)