Article 14:
Right to equality: Equality before law and equal protection of laws
- Includes legal persons as well
- Equality before law: British version
- Equal protection of laws: American constitution
- It permits reasonable classification of persons, objects and transactions by the law but it should not be arbitrary
Note: In India, constitution is the source of individual rights
Exceptions to equality
- President and governor not answerable to court for their official acts
- No criminal proceedings shall be instituted or continued against the President or the governor in any court during his term of office
- No process for the arrest or imprisonment of the President or governor
- Civil proceeding on personal acts only after two months notice
- No liability of true reporting in newspapers
- No member of Parliament shall be liable for anything said or vote
- Article 31C
- Foreign sovereigns enjoy immunity; this includes even UNO
Article 15
No citizen of India shall be discriminated on the basis of religion, race, caste, sex or place of birth
- Usage of two keywords- ‘discrimination’ and ‘only’
- Ground mentioned in the article: religion, race, caste, sex or place of birth
- The second provision in this article is applicable to even private individuals and legal persons
Exceptions
- Special provisions for women and children
- Advancement of socially and educationally backward classes of citizens or for the SC and ST
- Provision for education of the above could be made for education in aided and unaided
Article 16: equality of opportunity in public employment
- Addition of two more grounds: Descent or residence
Exceptions:
- Parliament can prescribe residence as condition for certain employment
- State can provide reservation for any backward classes if they are inadequately represented
- Religious denomination exception
Abolition of untouchability: article 17
- Protection of civil rights act, 1955
- Term untouchability has not been defined anywhere in the constitution
- It is available against even private individuals
Article 18: abolition of titles
- State cannot confer titles until it is military or academic
- Prohibits a citizen of India from accepting titles from foreign countries
- Foreigner who holds office of profit should take consent of the President
- No gift also for a foreigner without President’s approval