Rights to equality

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:

  1. Parliament can prescribe residence as condition for certain employment
  2. State can provide reservation for any backward classes if they are inadequately represented
  3. 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