Right to Equality (Articles 14–18)

Right to Equality (Articles 14–18)

1. Article 14: Equality Before Law and Equal Protection of Laws

1. • Guarantees legal equality and prohibits special privileges.
   • While equality before law is negative (British origin), equal protection of laws is positive (US origin).
   • Article 14 is the foundation of a democratic society, ensuring justice, fairness, and equality for all individuals.
   • It not only guarantees non-discrimination but also promotes social and economic equity, enabling inclusive governance aligned with constitutional values.

Scope and Application:

• • Applicability:
    • Article 14 applies to State actions as defined in Article 12. Actions by private individuals are not covered unless specified, such as in Article 15(2) (prohibition of discrimination in public places).
  • Exceptions for Constitutional Authorities:
    • Immunity for President and Governor under Article 361:
      • No legal proceedings can be initiated during their tenure.
      • Impeachment and suits against the government are exceptions.
    • International exceptions include foreign sovereigns and ambassadors.

Legislative Classification:

• • Principles of Classification:
    • A classification is valid if based on intelligible differentia and has a rational nexus with the objective of the law.
    • Example: Educational qualifications can be a valid criterion for promotions if linked to job efficiency.

Reasonable Discrimination:

• • Article 14 permits rational discrimination when it is necessary to achieve social or economic equality.
  • Example: Reservations for Scheduled Castes, Scheduled Tribes, and socially backward classes to uplift disadvantaged groups.

What Article 14 Prohibits:

• • It disallows class legislation, which creates arbitrary distinctions without valid justification.
  • Over-classification that disrupts equality is also prohibited.

Judicial Interpretations:

1. • Illegality Cannot Justify Another: Courts do not permit invoking jurisdiction to demand the replication of illegal acts for others.
     • Example: Coal Block Allocations (1993–2011) declared invalid due to:
       • Lack of objective criteria.
       • Arbitrary decision-making without guidelines.
       • Violation of public trust and national interest principles.

 Importance of Article 14:

• • Forms the essence of democracy and is regarded as a basic feature of the Constitution.
  • Encourages social and economic justice within a political democracy.

Difference Between Equality Before Law and Equal Protection of the Laws

Note: In India, constitution is the source of individual rights

Exceptions to equality

1. 1. President and governor not answerable to court for their official acts
   2. No criminal proceedings shall be instituted or continued against the President or the governor in any court during his term of office
   3. No process for the arrest or imprisonment of the President or governor
   4. Civil proceeding on personal acts only after two months’ notice
   5. No liability of true reporting in newspapers
   6. No member of Parliament shall be liable for anything said or vote
   7. Article 31C
   8. Foreign sovereigns enjoy immunity; this includes even UNO

 

2. Article 15: Prohibition of Discrimination
   1. Prohibitions:
      • State cannot discriminate against citizens based solely on religion, race, caste, sex, or place of birth (Clause 1).
      • Discrimination by private individuals regarding public spaces, like restaurants, wells, and roads, is also barred if maintained by public funds (Clause 2).
   2. Permissible Exceptions:
      • Special provisions for women and children (Clause 3).
      • Measures for the advancement of socially and educationally backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs) (Clause 4).
   3. Economic Reservations:
      • The 103rd Constitutional Amendment introduced Clause 6, enabling special provisions for economically weaker sections (EWS) in education and employment, reserving up to 10% of seats for them in educational institutions and public jobs.

 

3. Article 16: Equality of Opportunity in Public Employment
   • Article 16 ensures equality of opportunity for all citizens in matters of public employment. It prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence. This principle upholds meritocracy in state services.
   • Exceptions to equality:
     • Residence condition: Parliament can impose residency requirements for specific posts, though currently, only Andhra Pradesh and Telangana have such provisions.
     • Reservation for backward classes: The state can reserve posts for classes not adequately represented in state services.
     • Religious institutions: Religious or denominational posts can require the incumbent to belong to a particular religion.
     • Economic reservation: A 10% quota for economically weaker sections (EWS) was introduced by the 103rd Amendment, 2019.

Mandal Commission and Reservation Policy

• • In 1979, the Second Backward Classes Commission (Mandal Commission) identified 3743 backward castes, constituting 52% of the population (excluding SC/STs). It recommended 27% reservation for OBCs in government jobs, capped at 50% total reservation.
  • Key judicial and legislative actions:
    • Mandal Case (1992): SC upheld 27% OBC reservation with conditions:
      • Exclude the creamy layer.
      • No reservation in promotions (except SC/STs via 77th and 85th Amendments).
      • Total reservation should not exceed 50%.
      • Unfilled vacancies (backlog) could carry forward but must adhere to the 50% rule.
  • Legislative milestones:
    • 81st Amendment (2000): Allowed separate backlog vacancies, exempting them from the 50% ceiling.
    • 76th Amendment (1994): Included Tamil Nadu’s 69% reservation law in the Ninth Schedule to shield it from judicial review.

Judicial Pronouncements Regarding Reservation

Reservation for Economically Weaker Sections (EWS)

1. 1. Introduced by the 103rd Amendment (2019), it provides 10% reservation in government jobs for individuals not covered under SC/ST/OBC quotas.
   2. Eligibility criteria:
      • Family income below ₹8 lakh/year.
      • Excludes those owning significant landholdings or urban properties.
      • Benefits apply to general-category individuals meeting economic criteria.

Arguments in Favor and Against Reservation Based on Economic Status

Should Reservation in Promotions Be Implemented?

Current Scenario of Reservations in Promotions for SC/STs

1. Introduction of Creamy Layer in Promotions: The 2006 Nagaraj vs Union of India verdict established the application of the creamy layer filter for SC/ST employees in promotions.
2. Requirement for Quantifiable Data: The judgment required states to collect ‘quantifiable data on the backwardness’ of the SC/ST category to justify granting reservations in promotions.
3. Application of Creamy Layer in Promotions: The ruling specified that the creamy layer concept is applicable in cases of promotions for SC/ST employees.
4. Exception in Direct Recruitment: The creamy layer filter does not apply to SC/ST candidates during direct recruitment processes.

 

4. Article 17: Abolition of Untouchability

1. 1. Article 17 abolishes untouchability and forbids its practice in any form. It is absolute, with no exceptions, and applies to both private individuals and the state.
   2. Enforced through the Protection of Civil Rights Act, 1955, which penalizes discrimination arising from untouchability.
   3. The term “untouchability” is not explicitly defined in the Constitution or the Act.
   4. SC clarified that untouchability refers to historical social disabilities and not personal disputes (Mysore High Court ruling).

Offences Under the Act: The following acts are punishable under the Protection of Civil Rights Act, 1955:

1. Denial of Access to Public Spaces: Refusing entry to hospitals, educational institutions, or other public institutions.
2. Prohibition on Worship: Preventing individuals from worshipping in public religious places.
3. Disabilities in Using Public Resources: Denying access to reservoirs, taps, roads, cremation grounds, shops, hotels, or other public services.

Expanded Scope of the Act (1976 Amendment)

The Act was broadened to include:

1. Insult Based on Untouchability: Insulting or humiliating members of Scheduled Castes based on untouchability.
2. Preaching Untouchability: Advocating untouchability directly or indirectly.
3. Justification of Untouchability: Supporting untouchability on historical, philosophical, or religious grounds.

Penal Provisions

1. 1. Punishments:
      • First conviction: Imprisonment and fine.
      • Subsequent convictions: 1 to 2 years’ imprisonment with higher fines.
   2. Disqualifications:
      • Individuals convicted of untouchability offences are barred from contesting elections to the Union or State Legislatures.

Presumption of Guilt

1. 1. If a Scheduled Caste member faces discrimination, courts presume guilt under the Act unless proven otherwise.
   2. This statutory presumption strengthens the Act’s effectiveness in addressing caste-based discrimination.

 

5. Article 18: Abolition of Titles
   1. Article 18 prohibits the state from conferring titles of nobility, promoting equal status among all citizens.
   2. Key provisions:
      • Bans hereditary titles like Maharaja or Rai Bahadur.
      • Citizens cannot accept foreign titles without presidential consent.
   3. Exceptions to the Rule:
      • Academic and Military Distinctions: The State is allowed to confer military or academic honors (e.g., “Dr.,” “Major”).
      • Public Institutions: Universities and similar institutions are free to confer titles or honors to recognize merit or contributions.
   4. Awards Like Bharat Ratna and Padma Vibhushan:
      • These awards are decorations and not titles.
      • They cannot be appended to a recipient’s name as a prefix or suffix.

Criticism of Awards

1. 1. Violation of “Equality of Status”:
      • Critics argue that these awards create rank distinctions, contrary to the Preamble’s promise of equality.
      • Example: Bharat Ratna recipients are ranked ninth in the Warrant of Precedence, below Cabinet Ministers.
   2. Lack of Constitutional or Legal Sanction:
      • There is no provision in the Constitution or law penalizing recipients for using awards as titles.
      • Critics highlight instances of misuse, where individuals append awards (e.g., “Padma Vibhushan”) to their names.

Judicial Interpretation

1. 1. Supreme Court Verdict:
      • Non-military awards like Padma awards are valid as long as they are not used as titles.
      • Such decorations do not violate Article 18 or Article 14 if used for recognizing extraordinary merit.

Controversies and Developments

1. 1. Protest by Acharya Kripalani:
      • Called for the abolition of government awards like Bharat Ratna, claiming they contradict the spirit of Article 18.
      • Led to the temporary suspension of awards during the Janata regime (1977), later reinstated by Indira Gandhi.
   2. Restoration and Continued Practice:
      • Despite criticisms, these awards remain integral to recognizing merit in arts, literature, science, and public service.