Index

SR. No. Topic Page No

1 Introduction 3

2 History of the Right To Equality 4

3 Meaning of Equality 5

4 ARTICLE 14- Right to Equality 6-7

5 Equality before the Law 8

6 Equal Protection of Law 9

7 Equality – A positive concept 9

8 Protection against arbitrariness 10

9 The doctrine of legitimate expectation 10

10 Constitutional Validity of Special Courts 11

11 Reasonable Classification Test 12

12 Right to equal access to the Courts 13

13 Justice should be available to all 14

14 Important Case 15

15 Article 15 16-18

16 Article 16 18-19

17 Article 17 20-21

18 Article 18 21-22

19 Conclusion 22

20 Webliography 23

21 Bibliography 23

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 Introduction
RIGHT TO EQUALITY Right to Equality is the first fundamental right assured to
the people of India. Article 14-18 of the Constitution guarantees this right to every citizen
of India. Equality is one of the magnificent corner-stones of the Indian democracy. “In other
constitutions generally, this right embodied in Article 14. As such this right was considered
to be a negative right of an individual not to be discriminated in access to public offices or
places or in public matters generally. It did not take account of the existing inequalities
arising even from public policies and exercise of public powers. The makers of Indian
Constitution were not satisfied with such type of undertaking. They knew of the widespread
social and economic inequalities in the country sanctioned for thousands of years by public
policies and exercise of public power supported by religion and other social norms and
practices.”
They were of the opinion that only Article 14 would not be sufficient enough to deal
with these inequalities so they introduced Articles 15-18 in the Constitution along with
Article 14 which deals specifically in and expressly abolished and prohibited some of the
existing inequalities. “Thus, the right to equality in the Constitution of India is not merely a
negative right not to be discriminated against but also a positive right to be treated as an
equal. Under the later aspect of the right, which is the essence and core of the right to
equality, the State is under the obligation to take necessary steps so that every individual is
given equal respect and concern which he is entitled to as a human being.”
Article 14 embodies the idea of equality expressed in the preamble. It lays down the
general principles of equality before the law and prohibits unreasonable discrimination
between the persons. The Succeeding Articles 15, 16, 17 and 18 lays down specific
applications of the general rules laid down in Article 14. Article 14 is the equality clause
because of its wide ambit and applicability. It applies to all persons while Article 15 and
others cover only citizens. Article 15 relates to prohibition of discrimination on grounds of
Religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in
matters of public employment. Article 17 abolishes untouchability and Article 18 abolishes
title.

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 History of the Right To Equality

A legalist Guan Zhong (720–645 BC) declared that all persons under the jurisdiction
of the ruler are equal before the law.
The 431 BCE funeral oration of Pericles, recorded in Thucydides's History of the
Peloponnesian War, includes a passage praising the equality among the free male citizens of
the Athenian democracy:
If we look to the laws, they afford equal justice to all in their private differences; if
to social standing, advancement in public life falls to reputation for capacity, class
considerations not being allowed to interfere with merit; nor again does poverty bar the
way.
In ancient times, violent repression of even basic equality was commonplace.
Despite the recent overthrow of the Roman monarchy and the establishment of the Roman
Republic and sacrosanct Tribunes of the Plebs, Cincinnatus's son Caeso led a gang that
chased plebs from the forum to prevent the creation of equitable written laws. In Rome's
case, the organization of the plebs and the patricians' dependence upon them as both
laborers and soldiers meant the Conflict of the Orders was resolved by the establishment of
the Twelve Tables and greater equality. Nominally, all citizens except the emperor were
equal under Roman law in the imperial period. However, this principle was not
implemented in most of the world and even in Europe the rise of aristocracies and nobility
created unequal legal systems that lasted into the modern era.
The state of Nebraska adopted the motto 'Equality Before the Law' in 1867 and it
appears on both the state flag and the state seal.
In India we took fundamental rights from USA in our constitution. Fundamental
rights are soul of our constitution.

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 Meaning of Equality
The state or quality of being equal; correspondence in quantity, degree, value, rank,
or ability
Equality basically means access or provision of equal opportunities, where
individuals are protected from being discriminated against. Discrimination in equality can
occur in race, sex, health, religion, family structure, age, politics, disability, culture, sexual
orientation or in terms of believes.
Equality is the basic feature of the constitution of India and treatment of equals
unequally will be violation of basic structure of the constitution of India.
The ideal of equality under Indian Constitution
It has been seen that the Preamble to our constitution promises ‘equality of status
and opportunity to all citizens and that this is the ideal of equality embraces both social and
political equality. So far the ideal of social equality is concerned it is embodied in a series
of Articles, of which Art.14 is the genus, and succeeding Arts. 15-18 contain particular
application thereof. Our constitution is wedded to the concept of equality which is the basic
feature of the constitution. Even a constitutional amendment which offends basic feature is
declared as invalid. The state, its agencies and other local bodies being charged with public
duty are bound to take action which must be in accordance with Art.14.The liability given
to the state and its instrumentalities by the statute enacted under the constitution did not
exempt them from honouring constitution itself and they continued to be ruled by
Art.14.The equality clause under Art.14 of the constitution does not speak of mere formal
equality before law but embodies the real concept of real and substantive equality, strikes at
this inequalities a more positive duty of the state is to minimise inequalities in the status,
income and opportunities amongst individuals. Where unequals are competing, conditions
must be created by relaxation or otherwise so that unequals compete in terms of equality
with others in respect of jobs and employment of the state.

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 ARTICLE 14- Right to Equality

(A) ARTICLE 14 provides that the State shall not deny to any person
equality before law or the equal protection of the laws within the
territory of India.
(B) The Right to Equality guaranteed under Art. 14 consists of two parts
namely
(a) Equality before Law.
(b) Equal protection of Laws.

• Every person is entitled to equality before law and equal protection laws.

• Article 14 bars Discrimination and prohibits Discriminatory Laws.

• Article 14 of the Constitution of India is a declaration of equality of civil rights for

all purpose within the territory of India and basic principles of republicanism and
there is no discrimination
• The expression “Equality before law” and “Equal protection of law” does not mean
the same thing. Meaning of these expressions has to be found and determined having
regard to the context and scheme of our Constitution. The word “Law” in the former
expression is used in a genuine sense – a philosophical sense, whereas the word
“Laws” in the latter expression denotes specific laws in force.
• The benefit of “Equality before law” and “Equal protection of law” accrues to every
person in India, whether a citizen or not.”We are a country governed by Rule of
Law.
• The concept of equality and equal protection of laws guaranteed by Art. 14 in its
proper spectrum encompass social and economic justice in a political democracy.

• The expression “Equality before law” and “Equal protection of law” does not mean
the same thing. Meaning of these expressions has to be found and determined having
regard to the context and scheme of our Constitution. The word “Law” in the former
expression is used in a genuine sense – a philosophical sense, whereas the word
“Laws” in the latter expression denotes specific laws in force.

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• The benefit of “Equality before law” and “Equal protection of law” accrues to every
person in India, whether a citizen or not.”We are a country governed by Rule of
Law.

• The concept of equality and equal protection of laws guaranteed by Art. 14 in its
proper spectrum encompass social and economic justice in a political democracy.

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 Equality before the Law
“Equality before Law “only means that amongst the equals, the law should be equal
and should be equally administered, and that the like should be treated alike.
The “equality before the law” owes its origin to the English Common Law. The
doctrine of equality is a dynamic and evolving concept. It is embodied not only Arts. 15-18
as well as in Arts. 3, 39, 39 A, 41 and 46.It is a Negative concept because it implies the
absence of any privilege in favour of any individual, and equal subjection of all classes to
the ordinary law. It means law should be equal and should equally administered, that is like
should be treated alike. In short there shall not be discrimination. It is a declaration of
equality of privilege in favour of every individual.it means that no man above the Law of
the land and that every person, whatever is his rank or status is subject to ordinary law of
land. The concept of equality before law does not involve the idea of absolute equality
amongst all, which may be a physical impossiblity.Art.14, guarantees the similarity of
treatment and not identical treatment.
(b) Rule of Law: (Prof. A.V.DICEY)
Equality before law is co-relative to the concept of Rule of Law for all round
evaluation of healthy social order.
I. Basic Feature of the Rule of Law is that ‘Justice should not only be done
but it must also be seen to be done’.
II. Judicial review of Administration action is an essential part of Rule of
Law.
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III. III. Independence of Judiciary.
IV. IV. Non Arbitrariness.
“A number of distinct meanings are normally given to the provision that there
should be equality before the law. One meaning is that equality before the law only
connotes the equal subjection of all to a common system of law, whatever its content...A
second theory asserts that equality before the law is basically a procedural concept,
pertaining to the application and enforcement of laws and the operation of the legal
system....A third meaning normally borne by declarations that all are equal before the law,
perhaps no more than a variant of the second, is that State and individual before the law
should be equal”.

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 Equal Protection of Law
The phrase “Equal Protection of the Law” owes its origin to the American
Constitution. This is Positive Concept as it implies equality of treatment in equal
circumstances both in privileges conferred and liabilities imposed. So all the persons must
be treated alike on reasonable classification. Among equals law should be equal and equally
administered. The guarantee of equal protection applies against substantive as well as
procedural laws.

b) Limitation of the Doctrine of Equal Protection:

i. Every law cannot be made universally applicable. There are different class of
persons who require special treatment.

ii. State has power to classify persons for legitimate purpose. Every classification is
likely to produce some inequality and mere production of equality is no enough
Equality – A positive concept
Basawaraj v. the Spl. Land Acquisition Officer
In the famous case of Basawaraj v. The Spl. Land Acquisition Officer where the
appellant went to the Supreme Court for the unsatisfactory decision of High Court of
Karnataka. According to the appellant, the High Court committed an error by not condoning
the delay as there were enough reasons for them to be not able to reach the High Court on
time. It is a well established legal proposition that Article 14 of the Indian Constitution is
not there to create perpetual illegality, even by extending the previous wrong decision.
It was held that here the appellant was negligent on their part as the appellant was
not able to show the sufficient cause for the delay and thus here their appeal was rejected.
Access to Justice
By equality before the law, it means everyone has access to justice. No one can be
barred from access to justice. Here all should be treated equally in front of the judicial
system. The word “Access to Justice” includes some basic rights of a person. By term
access to justice, we mean that every person should have the right to appear in court.
Also, there are many people who are deprived of access to justice due to economical
knowledge or due to lack of awareness. Here it means that the government needs to play a
vital role in providing justice to them. For granting Access to Justice we need to reform our
judicial system. We need to work on the legal aid system.
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 Article 18(3) It prohibits a foreigner who is in the service of the government of
India or that of a State, from accepting any title from any foreign State without the consent
of the President.
Article 18(4) No person holding any office of profit or trust under the State shall
without the consent of the President, accept any present, emolument or office of any kind
from or under any foreign State. The following two points must be considered: (1) There is
no penalty prescribed for the infringement of the above prohibition. (2) Article 18 is merely
a directory.
Conclusion:
Right to equality is a Fundamental Right. It can be enforced in High Court under
Article 226 and in Supreme Court under Article 32.Fundamental Rights can be enforced
only if the state violates it. Right to Equality is considered as basic feature of the Indian
Constitution. Right to Equality under Art.14 is vested not only to citizens but to all persons.
It includes equality before Law and Equal Protection of Law. No one is above the law of the
land. Everyone is equal in the eyes of law. There should be no discrimination. Law must be
equal and must be equally administered. So like must be treated alike and unlike. Equality
before law is negative concept and Equal protection of law is positive concept. Reasonable
Classification is allowed in the administration of justice. But it should have some relation to
the object of the legislature.
In every society there are two classes namely upper class and lower class. The
standard of living of the upper class is high but that of lower class is low. As a result it is
the duty of the state to uplift the lower class in the society to bring Equality. Absolute
equality is impossible but there should not be inequality. Discrimination on the basis of
caste, sex, race, religion, language etc must be not there at all. A sense of equality must be
there then and then only then will be unity in any state.

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