Indian Constitution Article 14
The Indian Constitution guarantees the right to equality before the law or the equal protection of the laws to anyone within India.
Article 14 of the Indian Constitution (right to equality before law)
The right to equality is a fundamental right in the Constitution of India. It’s crucial to grasp what this right entails. Fundamental Rights ensure the protection of basic human rights for all Indian citizens, enforced by the courts with certain limits. One such right is equality. It ensures fairness under the law, prohibiting discrimination based on race, caste, religion, place of birth, and gender. It also includes equal opportunities in employment, the eradication of untouchability, and the abolition of titles. The Constitution, from Articles 14 to 18, defines the equality of citizens regardless of caste, gender, religion, or place of birth. Our Constitution is inclusive, granting every individual the right to speak, work, and live equally.
Untouchability is outlawed in the Indian Constitution, and any form of its practice is illegal. Enforcing disabilities arising from untouchability is punishable by law. The types of equality include natural, social, civil, political, economic, and legal.
General Principles of “Right to Equality”
The term “Right to Equality” is self-explanatory and a fundamental right, but there are underlying issues that need clarification, accepted by the Indian Constitution. This also explains why discrimination is accepted under Indian constitutional law. Fundamental Rights are a necessary outcome of the Preamble’s declaration, affirming India as a sovereign democratic republic and securing justice, social, economic, and political rights to all citizens.
The fundamental rights in the Indian Constitution are categorized into six parts:
- Right to equality (Articles 14 to 18).
- Right to freedom (Articles 19 to 22) guaranteeing various freedoms.
- Right against exploitation (Articles 23 and 24).
- Right to freedom of religion (Articles 25 to 28).
- Cultural and educational rights (Articles 29 and 30).
- Right to constitutional remedies (Articles 32 to 35).
What is the right to equality?
Every Indian citizen is guaranteed the right to equality by Articles 14 to 18 of the Constitution. Article 14 establishes general equality standards under the law and prohibits arbitrary discrimination.
Is equality a basic human right?
The right to equality and non-discrimination is a fundamental aspect of international human rights law.
What are the exceptions to the right to equality of opportunity in matters of public employment?
Article 16 provides exceptions to the right to equality of opportunity in public employment to safeguard vulnerable sections of society such as women, children, backward classes (SC/ST), and minorities. Parliament may also enact laws requiring certain positions to be filled by local residents with knowledge of the local area and language. Additionally, a law may stipulate that officeholders in religious or sectarian institutions cannot profess a specific religion or belong to a particular sect.
What does the Constitution of India say about equality?
The Indian Constitution grants equality to all citizens, ensuring everyone is equal before the law without discrimination based on religion, race, caste, sex, or place of birth.
Some important points on Right to Equality (Articles 14, 15, 16, 17, and 18):
Equality before the law: Article 14 states that no person shall be denied equal treatment before the law or the equal protection of the laws within India.
Exceptions:
According to Article 361, the President of India or the Governors of States are not answerable to any court for their powers/duties during their tenure, and no civil or criminal proceedings can be instituted or continued against them.
According to Article 361-A, no civil or court proceedings can be brought against anyone for publishing any substantially true report of either House of Parliament or State Legislature.
Members of Parliament (Article 105) and State Legislatures (Article 194) are immune to court proceedings regarding anything said or any vote cast by them in Parliament or any committee.