Right to Equality (Article 14 - 18)

ARTICLE 14 - EQUALITY BEFORE LAW, EQUAL PROTECTION OF LAW

Article 14 states Equality before the law and equal protection of the law.

i. Equality before the law: No citizen shall be given special treatment before the law.

ii. Equal protection of the law: Laws made in India shall protect all citizens equally.

Article 14 of the Constitution states “No person shall be denied equality before the law and equal protection of the law within India.” Equality before the law is a concept of British Common Law. and Equal protection of the law is a concept from the US Constitution.

In addition to Indian citizens, foreign citizens and legal entities such as statutory corporations/companies/registered societies are also entitled to these rights. Position exempted from the constitutional principle of equality under Article 14 is President/Governor. Equality before law is a negative concept and equal protection of laws is a positive concept. The Supreme Court has defined Article 14 as one of the fundamental elements of the Constitution. Therefore, Article 14 cannot be removed or its basic characteristics can be changed by constitutional amendment.

Exceptions to Equality Before Law

Rights granted to the President or Governor of India under Article 361

• The Governor or President is not bound to disclose to the court any matters or plans of action falling within his jurisdiction.

• No court can initiate criminal proceedings against the President or Governor as long as they continue to hold that position in equality before law.

• No court can issue any order for the arrest or imprisonment of the President or the Governor during their term of office.

• No court can take any civil action against any act of the President or the Governor without giving at least 2 months' notice to the President or the Governor.

Rights granted to Others

• Article 361A provides that no civil or criminal proceedings shall be instituted against any person on the ground that a report of an honest incident in Parliament or the Legislative Assembly has been circulated in the press, on radio or on television.

• Article 105 provides that no court proceedings shall be instituted against any member of any committee of Parliament for having voted in favour of any measure or for having made any statement.

• Article 194 provides that no legal action shall be taken against any member of the Assembly or any committee for having voted in favour of any measure or for having made any statement.

• Article 31C is separate from the scope of Article 14: The rules for implementing the Directive Principles are explained in Clauses B and C of Article 39. This cannot be questioned as a violation of Article 14 in any way. The Supreme Court has said that “Article 14 goes out when Article 31C comes in”.

• Foreign rulers, ambassadors and diplomats cannot be subjected to criminal or civil proceedings.

• Members of the UNO and its other agencies cannot be subject to legal proceedings.

ARTICLE 15 - PROTECTION FROM DISCRIMINATION

• Article 15 (1) - The article prohibits discrimination on the grounds of religion, race, caste, sex and place of birth. This right is intended to embody Gandhiji's theory of social equality.

• Article 15 (2) - It states that no citizen shall be discriminated against on the grounds of religion, race, caste, sex or place of birth or any of them.

(a) Access to shops, public eating places, hotels and places of public entertainment or

(b) Use of wells, ponds, bathing-places, streets and public places of rest which are wholly or partly owned by the State or are dedicated for the use of the public.

• Article 15 (3) - Special treatment given to women and children under Article 15(3) is not considered discrimination.

• Article 15 (4) - Under Article 15 (4), special consideration is not discrimination for socially and educationally backward citizens and for Scheduled Castes and Scheduled Tribes.

• Article 15 (5) - Under Article 15 (5), priority is given to members of socially or educationally backward classes and Scheduled Castes and Scheduled Tribes in admission to educational institutions.

• Article 15 (6) - Under Article 15 (6), reservation of up to 10% seats is mentioned for economically backward classes among forward communities (EWS).

ARTICLE 16 - EQUALITY OF OPPORTUNITY

Equality of opportunity is ensured in public appointments. Two things are mentioned in the Preamble of the Constitution of India regarding equality - equal status and equal opportunity. Equality of opportunity means that all sections of society should enjoy equal opportunities, but the Constitution makes it clear that the government can implement special schemes and measures for the upliftment of certain backward sections (socially and economically backward, women, children).

• Article 16 (1) - The article that states that all citizens shall have equality of opportunity in matters relating to life under the State or to appointment to any office.

• Article 16 (2) - The article that states that no citizen shall be disqualified or be subject to discrimination in respect of life or office under the State on the ground of religion, race, caste, sex, race, place of birth, place of residence or any of them.

• Article 16 (3) - The article that states that Parliament has the power to make provisions in government appointments with respect to place of residence.

• Article 16 (4) - The article that deals with making any provision for reservation of appointments or posts for any backward class of citizens who have not been adequately represented in the services under the State.

• Article 16 (5) - The article states that reservation in government institutions for religious persons belonging to that religion is constitutionally permissible.

• Article 16 (6) - The article states that reservation in government appointments for economically backward classes (EWS) does not fall within the ambit of equality of opportunity.

ARTICLE 17 - ABOLITION OF UNTOUCHABILITY

Article 17 is the article that prohibits untouchability. Untouchability is a primitive form of inequality. The Supreme Court has made it clear that it is the constitutional duty of the state to take necessary steps to ensure that the right under Article 17 is not violated. The year the Untouchability Prohibition Act came into force was 1955. The Untouchability Prohibition Act was renamed the Protection of the Civil Rights Act by the amendment of 1976. The term 'untouchability' is not defined in the Constitution or in this Act. Article 17 was passed with the slogan 'Mahatma Gandhi Ki Jai'. 

ARTICLE 18 - ABOLITION OF TITLES (PROHIBITION OF TITLES)

• Article 18 (1) - Prohibits the addition of any honors to one's name, except military or educational.

• Article 18 (2) - No honors obtained from abroad shall be added to one's name by an Indian citizen.

• Article 18 (3) - No foreigner holding an office in the Government of India shall be allowed to add to one's name the honors of another country without the permission of the President.

• Article 18 (4) - No person, whether an Indian citizen or a foreigner, holding any office under the Government of India shall accept any award or other high office from a foreign country without the permission of the President.

Balaji Raghavan v/s Union of India (1996)

The Supreme Court held in this case that the Bharat Ratna and Padma awards do not fall within the headings mentioned in Article 18.