RIGHT TO EQUALITY FR-ARTICLES 14 - 18 by ATRISHEKHAR - Coggle Diagram
RIGHT TO EQUALITY FR-ARTICLES 14 - 18 by ATRISHEKHAR
BY ATRISHEKHAR SIR
the State shall not deny to any
before the law or
equal protection of the laws
within the territory of INDIA
The article is available to "any person" hence available to citizens as well as foreigners
Equality before Law
The concept of ‘equality before law’ is an element of the
concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist.
Rule of Law
three elements or aspects of RoL
Absence of arbitrary power
, that is, no man can be punished except for a breach of law.
(ii) Equality before the law, that is,
equal subjection of all citizens
(rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts
primacy of the rights of the individual,
that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights.
The first and the second elements are applicable to the Indian
System and not the third one.
In the Indian System, the constitution is the source of the individual rights.
Indira Nehru Gandhi v. Shri Raj Narain
Supreme Court held that that “rule of law” enshrined under Article 14 of the constitution is a part of the basic structure of the constitution.
the absence of
any special privileges in favour of any person,
the equal subjection
of all persons to the ordinary law of the land administered by ordinary law courts,
no person (whether rich or poor, high or low, official
or non-official) is above the law
It is seen as negative right in nature because nobody is given special privileges.
Equal Protection of Laws
of treatment under equal circumstances, both in the privileges
conferred and liabilities imposed by the laws,
It simply means that like must be treated alike, or law must be equally applied among equals, thus it
gives in effect the substantive notion of equality.
For the purpose of equal protection of laws, we need to classify societies, and then different
treatment can be meted out to the different groups, but courts have added the
classification of society should be reasonable
and not arbitrary.
Stephens College v. The University of Delhi case,
the admission quota involved a specific percentage of reservations for Christian students. It was challenged on the ground of equality but our Hon’ble Supreme the admission quota involved a specific percentage of reservations for Christian students. It was challenged on the ground of equality but our Hon’ble Supreme
Saurabh Chaudhari v Union Of India
It has given two tests of reasonableness:
Firstly, categories so formed should be a homogenous unit,
The Supreme Court held that where equals and unequals are
treated differently, Article 14 does not apply.
Secondly, the classification exercise should have a reasonable nexus with the objective to be
secured. that the classification is necessary for achieving a particular objective.
While Article 14 forbids
class legislation, it permits reasonable classification of persons objects and transactions by the law
It is considered a positive concept, in contrast to EBL that is seen as a negative concept. While EBL
is derived from England, EPL is borrowed from US.
The exception to Right to Equality
State of West Bengal v. Anwar Ali Sarkar,
supreme court held that the right to equality is not absolute and it includes some meaningful exceptions.
Article 361 of our Constitution confers a special privilege that during the tenure of the President and the Governor of the State of his office, there shall be no criminal proceedings against them in any court of law
Foreign diplomats are also immune from the jurisdiction of our court
The judges and the police officers also enjoy the protection for the act being done as per their scope of authority and power
The judges and the police officers also enjoy the protection for the act being done as per their scope of authority and power
For example – In extrajudicial killing, the police officer concerned may be held personally liable.
Special groups like some Trade Union and other organizations also enjoy privileges or immunity against proceedings in certain matters.
Some certain classes of people also enjoy freedom against persecution. These include our doctors and armed forces etc
The doctrine of legitimate Expectation
this doctrine talks about the expectations of the individual from their lawmakers
put a moral obligation on the part of a state to make laws that impart equality to all sections of society.
It is not a legal right and it gives the right of judicial review of the action of administrative authorities to protect the rights of citizens. However, It is important to note that the expectations of citizens must be reasonable and rational
Doctrine of Non-arbitrariness
E.P Royappa Vs State of Tamil Nadu, the doctrine of reasonable classification was challenged this new doctrine came up ,
As per this doctrine, equality is the antithesis to arbitrariness. So, any form of arbitrariness in political, social or administrative action will make the entire Act unconstitutional as it will violate the principle of equality.
the landmark case of Meneka Gandhi vs Union of India, It was held that Article 14 struck down arbitrary actions
This concept of reasonability and non-arbitrariness is the golden thread that binds all the fabric of the constitution
Article 15 (1) of the Constitution of India forbids discrimination on grounds only of religion, race, caste, sex, or place of birth.
It applies Article 14’s general principle of equality in specific situations by forbidding classifications made on protected grounds.
The word ‘discrimination’ means ‘to make an adverse distinction with
regard to’ or ‘to distinguish unfavourably from others’.
The use of the
word ‘only’ connotes that discrimination on other grounds is not
prohibits discrimination only by the State
Article 15 (2) says that no citizen shall be
subjected to any disability, liability, restriction or condition on grounds only of
religion, race, caste, sex, or place of birth
with regard to
access to shops, public restaurants, hotels and places of public entertainment; or
the use of wells, tanks, bathing ghats, road and
places of public resort maintained wholly or partly by State funds or dedicated to the use of general public
This provision prohibits
discrimination both by the State and private individuals,
There are four exceptions to this general rule of non-discrimination:
Clauses (3)-(5) create exceptions or ‘special provisions’ for these general prohibitions, by allowing the State to create special provisions for women, children, socially and educationally backward classes, scheduled castes and scheduled tribes and economically weaker sections.
Article 15 (3)The state is permitted to make any
special provision for women
reservation of seats for women
local bodies or provision of
free education for children
added by the first Amendment
Act of 1951.
Article 15 (4)The state is permitted to make any special provision for the advancement of any
socially and educationally backward classes
of citizens or for the scheduled castes and scheduled tribes
reservation of seats or fee concessions
in public educational institutions
added by the 93rd Amendment Act of 2005
Article 15 (5)The state is empowered to make any special provision for the advancement of any socially and educationally backward classes
of citizens or for the scheduled castes or the scheduled tribes
regarding their admission to educational institutions
including private educational institutions, whether aided or unaided by the
state, except the minority educational institutions
added by the 103rd Amendment Act of
Article 15 (6) The state is empowered to make any special provision for the advancement of any
economically weaker sections of citizens.
Further, the state is allowed to make a provision for the reservation of upto 10% of seats for such sections in admission to educational institutions
including private educational
institutions, whether aided or unaided by the state, except the
minority educational institutions
For this purpose, the economically weaker sections would be notified by the state from time to time on the basis of family income and
other indicators of economic disadvantage
This reservation of upto 10%
would be in addition to the existing reservations.
For proper implementation
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which states that no person of the SC and ST shall be discriminated against or any violence undertaken on them, just because they belong to such category.
Hindu Succession Act, 1956 ensures that the discrimination against women that they only had a limited owner’ status, was abolished and that they were given complete rights and powers regarding their property a power which the males already had under Hindu Law.
Caste Disabilities Removal Act, 1850 which was meant to ensure that there was no discrimination based on the caste of the person, was recently repealed by the Central government. This was done as the government felt that the Act had become obsolete.
Other acts like:
Maternity Benefits Act, 1961;
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Rights of Persons with Disabilities Act, 2016;
Mental Healthcare Act, 2017 etc.
In the SC judgment of NALSA vs UoI, the Court stated that Transgender should be recognised as the third gender and given equal rights and opportunities
This was all based on the premise that society discriminated against the said section of people. The Court ensured that this discrimination was done away with
Article 16 (1) provides for equality of opportunity for all citizens in matters
of employment or appointment to any office under the State.
Article 16 (2)No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race,caste, sex, descent, place of birth or residence.
Article 16 (3)Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority
As the Public Employment
(Requirement as to Residence) Act of 1957 expired in 1974 there is no such provision for any state except Andhra Pradesh andTelangana
Article 16 (4)The State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services.
Article (5) A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to the particular religion or denomination
Article (6)The state is permitted to make a provision for the reservation of
upto 10% of appointments or posts in favour of any economically weaker sections of citizens.
This reservation of upto 10% would
be in addition to the existing reservation
For this purpose, the
economically weaker sections would be notified by the state from time to time on the basis of family income and other indicators of
Article 16 (4A) Nothing in this article shall prevent the State from making 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 (4B) Nothing in this article shall prevent the State from considering 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.
RESERVATION as per ARTICLE 15 & 16
Before India became a Republic, B R Ambedkar, the father of the Indian Constitution had very aptly observed, 26th of January 1950, we are going to enter into a life of contradictions. In politics, we will have equality and in social and economic life we will have inequality… We must remove this contradiction at the earliest possible moment…”
Constitutionally speaking, Article 15 is the weapon that breaks the barriers of the upper caste and lower caste