Explains about the Right to equality (Articles 14 - 18) enlisted in the Indian constitution. This will be useful for the preparation of Competitive examinations

1. RIGHT TO EQUALITY

2. FUNDAMENTAL RIGHTS IN THE
INDIAN CONSTITUTION
RIGHT TO EQUALITY
By
Dr.M.SUGIRTHA
Associate Professor of Political Science
Annamalai University (on Deputation)
Government Arts College, Tiruchirappalli - 22
TAMILNADU, INDIA

3. Introduction
22/07/2020 Dr.M.Sugirtha
Part – III - Articles 12 - 35
Magna Carta of India
Meant for the ideal of Political democracy
Fundamental Rights are fundamental
Different from other rights available to citizens

4. Seven Fundamental Rights
• Right to Equality (Article 14 – 18)
• Right to Freedom (Article 19 – 22)
• Right against Exploitation (Article 23 – 24)
• Right to Freedom of Religion (Article 25 – 28)
• Cultural and Educational Right (Article 29 – 30)
• Right to Property (Article 31) – Deleted by 44th Amendment Act,
1978
• Right to Constitutional Remedies (Article 32)
22/07/2020 Dr.M.Sugirtha

5. Features of Fundamental Rights
• Some rights are available only to the citizens ( Article 15, 16, 19, 29, 30)
• Not absolute but some reasonable restrictions
• Justiciable in nature
• Defended and guaranteed by the Supreme Court
• Parliament can repeal by Constitutional Amendment Act
• Can be suspended during National Emergency except Article 20 and 21
22/07/2020 Dr.M.Sugirtha

6. Laws Inconsistent with Fundamental Rights
22/07/2020 Dr.M.Sugirtha
Laws inconsistent with the Fundamental rights shall be void
Supreme Court (Article 32) & High Court (Article 226) can declare law
invalid
Permanent Laws by Parliament / State Legislatures
Ordinances issued by President /State Governors
Kesavananda Bharati case (1973) – Constitutional Amendment can be challenged
Article 13

7. Right to equality
• Article 14: Equality before Law and Equal Protection of
Laws
• Article 15: Prohibition of Discrimination on Certain Grounds
(Religion, race, caste, sex)
• Article 16: Equality of Opportunity in Public Employment
• Article 17: Abolition of Untouchability
• Article 18: Abolition of Titles
22/07/2020 Dr.M.Sugirtha

8. Article 14: Equality before Law and Equal Protection of Law
• State shall not deny to any person equality before law or equal protection of laws
within territory of India
22/07/2020 Dr.M.Sugirtha
Equality before Law
Of British Origin
Absence of Special Privilege in favour of any person
Equal subjection of all person to the ordinary law; None is above the law
Equal Protection of Law
Of American Origin
Equality of Treatment under equal circumstances
Same laws to all persons who are similarly situated
The like should be treated alike without any discrimination

9. Exceptions to Equality
• Article 361: President of India and Governor of States enjoy the following;
Not answerable to any courts, No Criminal and Civil Proceedings, No process for
arrest
• Article 361 A: No person liable to any proceeding in any court in respect of the
publication in a newspaper or by radio or television of a substantially true report of
Parliament/State Legislature
• Article 105: No MP shall be liable to any court for saying inside Parliament
• Article 194: No MLA shall be liable to any court for saying inside State Legislature
• Article 31 – C: Implementation of Directive Principles of State Policy
22/07/2020 Dr.M.Sugirtha

10. Article 15: Prohibition of Discrimination on Certain Grounds
• State shall not discriminate against any citizen only on grounds of
religion, race, caste, sex or place of birth
• ‘Discrimination’ – Distinguish unfavourably from others
• ‘Only’ – Discrimination on other grounds is not prohibited
• Prohibits discrimination both by the State and private individuals
22/07/2020 Dr.M.Sugirtha

11. Exceptions To Article 15
• State permitted to make any special provision for
 Women and Children
 Advancement of any socially and educationally backward classes/ SC & ST
 Admission to educational institutions including private except minority
institutes
• Added by 93rd Amendment Act of 2005
• Centre enacted Central Educational Institutions Act, 2006
• Provided quota of 27% - OBC in IITs, IIMs
• Excluded creamy layer among OBCs
22/07/2020 Dr.M.Sugirtha

12. Creamy Layer
• Some members of a backward class who are highly advanced socially as well as
economically and educationally
• Not Eligible to get quota benefit. The following categories of people belong to ‘creamy
layer’ among OBCs
• President, Vice-President, Judges of Supreme Court and High Court and members of
UPSC, SPSC, CEC and CAG
• Group ‘A’ ‘B’/ Class I, II Officers of All India Central & State Services
• Employees equivalent post in PSU, Banks, Insurance Organisations, Universities
• Rank of Colonel in Army, Navy, Air force and paramilitary forces
• Professionals like doctors, lawyers, engineers, artists, authors, consultants
• Persons in trade, business, industry and agriculture land above limit
22/07/2020 Dr.M.Sugirtha

13. Creamy layer-Income criteria
• The creamy layer (income) criteria were defined as gross annual income of parents from all
sources more than 100,000 rupees, defined by Sattanathan committee in 1971
• In 1993 when "creamy layer" ceiling was introduced, it was Rs.1 lakh. It was subsequently
revised to Rs. 2.5 lakhs per annum in (2004), and revised to Rs. 4.5 lakhs in 2008), Rs. 6
lakhs in 2013 and Rs. 8 lakhs in 2017)
• The income criteria is usually reviewed every three years
• At present, OBCs are entitled to 27% reservation in higher educational institutions and
public sector employment if the gross annual income of one’s household does not exceed Rs 8
lakhs.
22/07/2020 Dr.M.Sugirtha

14. 124th Amendment Act
• The 124th Constitutional Amendment received the President’s assent on January 12, 2019.
• 10 per cent reservation for economically backward sections – To benefit poor upper castes
• This amended two fundamental rights:
• Article 15
• Article 16
• Article 46 asks the government to promote the educational and economic interests of the
weaker sections of the society.
• Moreover, it provides reservation for:
1. People who have an annual income of less than Rs 8 lakhs, or
2. People who own less than five acres of farm land, or
3. People who have a house less than 1,000 sq feet in a town (or 100 sq yard in a notified
municipal area)
22/07/2020 Dr.M.Sugirtha

15. Article 16: Equality of Opportunity in Public Employment
• Equality of opportunity for all citizens in matters of
employment or appointment to any office under the State
• No citizen can be discriminated on grounds of only religion,
race, caste, sex, descent, place of birth or residence
22/07/2020 Dr.M.Sugirtha

16. Article 16: Equality of Opportunity in Public Employment
• Equal Employment Opportunity principles apply to:
• Access to jobs
• Conditions of employment
• Relationships in the workplace
• The evaluation of performance and
• The opportunity for training and career development.
22/07/2020 Dr.M.Sugirttha

17. Exceptions To Article 16
• Parliament can prescribe residence as condition for certain
employment.
• State can provide for reservation of appointments in favour
of any backward class, not adequately represented in State
Services
• Law can provide – incumbent of an office related to religious
or denominational institution belong to the particular
religion
22/07/2020 Dr.M.Sugirtha

18. Article 17: 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 offence punishable in
accordance with law.
• Term ‘Untouchability’ – not been defined in the Constitution
• Untouchability (Offences) Act, 1955
• renamed in 1976 as the Protection of Civil Rights Act, 1955
• This Act was amended by the Untouchability ( Offences)
Amendment Act, 1987
• Convicted of offence – disqualified for election to MP or MLA
22/07/2020 Dr.M.Sugirtha

19. Article 17: Abolition of Untouchability
Offences:
• Preventing any person entering any place for public worship
• Justifying untouchability
• Denying access to any shops, hotels
• Insulting a person belonging to SC
• Refusing to admit a person in hospitals, educational Institutions
• Preaching untouchability
• Refusing to sell goods
22/07/2020 Dr.M.Sugirtha

20. Article 17: Abolition of Untouchability
• ‘Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act’, 1989 & Rules, 1995.
• Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act in 2013
22/07/2020 Dr.M.Sugirtha

21. Article 18: Abolition of Titles
22/07/2020 Dr.M.Sugirtha
Article 18
Prohibits state to confer any title ( except military and academic)
Prohibits accepting title from any foreign state
Foreigner holding office under State cannot accept any title
No Citizen holding office under State accept any present/emolument from foreign state
• Maharaja, Raj Bahadur, Dewan Bahadur banned
• 1996, Supreme Court said National Awards do not amount to ‘titles’

22. THANK YOU
• If you find this lecture useful, press the like button
• Subscribe to my channel for notification of updates
• Share this video to whomever it may be useful