Right To Equality: Definition, Articles, Exceptions & UPSC Notes

The right to equality is a fundamental principle. It ensures fairness and equal treatment for all. It means that every individual, regardless of their background, should be treated the same under the law. This right prohibits discrimination based on factors like religion, race, caste, gender, or place of birth. It guarantees equal opportunities and protection for everyone. 

The right to equality is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

In this article, we will explore the significance of the right to equality and how it promotes a just society.

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What is the Right to Equality?

The right to equality is a fundamental component required to implement the rights provided to Indian citizens. The term "right to equality" refers to the requirement that all citizens be treated equally under the law of the land and the abolition of any form of discrimination based on sex, caste, race, religion, or place of birth. The Supreme Court's Constitutional Bench has ruled that the right to equality is a basic structure of our Constitution. The other rights and advantages granted by the Constitution are built upon it.

The right to equality is a fundamental right in the Indian Constitution.

• Right to equality ensures all citizens are treated equally before the law.
• The right to equality prohibits discrimination on religion, caste, or gender.
• Article 14 to 18 covers the right to equality in India.
• Right to equality includes equal job opportunities in public employment.
• The right to equality abolishes untouchability and royal titles.
• Indian democracy strongly upholds the right to equality.
• Courts protect citizens' right to equality through judicial review.
• The right to equality promotes social justice and fairness.
• Any law violating the right to equality can be abolished permanently.

Learn more about the Right to Privacy!

Different types of equality exist in society. They are as follows;

• Legal Equality – Every individual is equal in front of the law.
• Social Equality – Everyone should be treated equally without discrimination, such as caste, race, religion, etc.
• Economic Equality – Every individual should be entitled to enjoy wealth equally.
• Political Equality – Everyone should be allowed to vote, contest, and hold public office.
• National Equality – All the nations of the World should be treated equally.

Learn more about the Right to Freedom!

Articles Under the Right to Equality

Learn more about the Indian Council Act 1861 here.

Article 14 - Equality Before The Law

Article 14 of the Indian Constitution states, "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." This article deals with two concepts – Equality before the law and Equal Protection of the law.

• Equality Before Law:
  • It is a negative concept taken from the British Constitution.
  • According to this concept, no person is above the law. All individuals should be subjected equally to the law of the land, and there should not be any special privileges in favor of any person.
  • This concept is equivalent to the Dicean concept of the Rule of Law, which is being followed in Britain. The Supreme Court declared this as the basic feature of the Indian Constitution.
• Equal Protection of Law:
  • It is a positive concept inspired by the American Constitution.
• According to this concept, the same laws should be applied to all similarly situated individuals.

Article 14 applies to both citizens and foreigners. The term' person' in the article refers not only to individuals but also includes legal persons such as corporations, companies, etc. There are some exceptions to the rule of equality before the law. They are as follows;

• Members of the Parliament or the State Legislatures cannot be questioned in court for the casting vote or for anything they say in the Parliament or State Legislatures, respectively.
• During the term of office, the President and the Governor have few immunities. They are,
  • Criminal proceedings cannot be made against them.
  • No civil proceedings can be made until the expiration of two months' notice.
  • You cannot arrest or imprison them.
  • They are not answerable to any court regarding exercising their powers and duties.
• Civil and criminal proceedings cannot be made over foreign ambassadors and diplomats.

Read the NCERT Notes Charter Act Of 1813 here.

Article 15 - Prohibition Of Discrimination

• Article 15(1): Under this article, the state is strictly prohibited from treating the citizens unfavorably or discriminating against them based on their religion, race, caste, sex, or place of birth. However, discrimination on other grounds is not prohibited under this article.
• Article 15(2): According to this article, the state and the individual are prohibited from subjecting an individual to any disability, liability, restriction, or condition based on religion, race, caste, sex, or place of birth in the following regards,
  • Access to shops, public restaurants, hotels, and places of public entertainment
  • The use of wells, tanks, bathing ghats, roads, and places of public resort is maintained wholly or partly out of state funds or dedicated to the use of the general public.

The following Four Clauses are some exceptions where the discrimination is accepted Constitutionally.

• Article 15(3): This article allows the state to make special provisions for women and children.
• Article 15(4): This article allows the state to formulate provisions for advancing any socially and educationally backward class of citizens or for the Scheduled Castes and the Scheduled Tribes.
• Article 15(5): This article was added by the 93rd Constitutional Amendment Act, 2005. Under this article, the state can make provisions for advancing any socially and educationally backward class of citizens or for the Scheduled Castes and the Scheduled Tribes related to their admission to educational institutions, including the private educational institutions that are either aided or unaided by the state. (Minority educational institutions are not included in this)
• Article 15(6): This article was added by the 103rd Constitutional Amendment Act 2019. This article allows the state to make provisions for the betterment of the economically weaker sections of society and also for the reservation of up to 10% of seats in addition to the existing ones for them in admission to educational institutions, including private educational institutions which are either aided or unaided by the state. (Minority educational institutions are not included in this)

Article 16 - Equal Opportunity In Public Employment

Under the right to equality, this article deals with the equality of opportunities for individuals in public employment.

• Article 16(1): Under this article, all the citizens of India are entitled to equal opportunity in matters relating to employment or appointment to any public office.
• Article 16(2): This article prohibits the discrimination of citizens on the grounds of religion, race, caste, sex, descent, place of birth, or residence for employment or appointment to any office under the state.

Similar to Article 15 of the Constitution, Article 16 has some exceptions. They are as follows;

• Article 16(3): This article allows the Parliament to prescribe a place of residence as a condition for particular employment or public office appointments.
• Article 16(4): If any backward class needs to be represented adequately in the services under the state, then this article allows the state to make provisions for the reservation of appointments or posts in favor of them.
• Article 16(5): Under this article, laws can be made that the incumbent of an office related to a religious or denominational institution or a member of its governing body should belong to a particular religion or denomination.
• Article 16(6): Under this, the state can make provisions related to reserving up to 10% of appointments or posts for the economically weaker sections of society.

Go through the NCERT Notes Government of India Act 1919 here.

Article 17 - Abolition Of Untouchability

Article 17 of the Indian Constitution abolishes untouchability and its practice in any form. According to this article, any disability or discrimination arising from untouchability is a punishable offense.

Though the term 'untouchability' is not defined in the Constitution, the Mysore High Court ruled that "the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the practice as it had developed historically in the country".

Check the NCERT Notes on Regulating Act 1773 here.

Article 18 - Abolition Of Titles

Article 18, under the right to equality, consists of four clauses that deal with the abolition of titles. They are as follows,

• Article 18(1): According to this article, the state should not confer any title, except for military and academic distinction, to anybody.
• Article 18(2): This article prohibits Indian citizens from receiving any title from any foreign state.
• Article 18(3): Under this article, the foreigners holding any office of profit or trust under the state are prohibited from receiving the title from any foreign state without the consent of the President of India.
• Article 18(4): Under this article, any person (citizen or foreigner) holding any office of profit or trust under the state is prohibited from receiving present, emoluments, or office from or under any foreign state without the consent of the President of India.

Right To Equality (Article 14 to 18 Notes) for UPSC Indian Polity: Download PDF Here!

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