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‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭Seminar Course‬

‭ opic: Analysis of a Right to Equality Under the Constitution of‬


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‭India‬

‭Name:‬ ‭Atiya Akbani‬

‭College/Institution:‬‭Late Govindrao Wanjari College of Law, Nagpur‬

‭Class:‬‭LL.B. (First Sem)‬

‭Subject‬‭:‬‭Political Science‬

‭1‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭ABSTRACT‬

I‭ n the rule of law, all person are equal before law, all of them shall be provided‬
‭with equal protection of law; all the person of the country shall be under the‬
‭ordinary law of the land and ordinary courts; the law shall be supreme and there‬
‭shall be no arbitrariness. No one is above law, irrespective of his post or‬
‭position. The right of equality conferred by Article 14 is not an absolute right.‬
‭The state may enforce independent laws for different classes of people on the‬
‭basis of the following classifications– [1] object and purpose; [2] geographical‬
‭atmosphere; [3] special protection to the weaker classes of people for providing‬
‭them social, educational, political or economic justice; [4] special courts and‬
‭procedure; [5] tax-legislation; [6] demand of the time; [7] national/public‬
‭interest, progress and development‬

‭INTRODUCTION‬

‭ he constitution promises ‘equality before law’ to all citizens and prohibits‬


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‭discrimination on grounds of religion, caste, sex or place of birth. Equality of‬
‭opportunity in public employment is guaranteed. Practice of untouchability is‬
‭prohibited and made an offence. Conferring of title is also prohibited. This is‬
‭especially significant in view of title like Nawabs, Rajas and Rai Sahibs which‬
‭made distinctions of status before Independence.‬

‭ he first foremost thing which need to understand the theme of the equality‬
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‭under the Indian Constitution. We have been reading this that there are phases in‬
‭Article 14 [Equality 1 before law– The State shall not deny to any person‬
‭equality before the law 2 or the equal protection of the laws 3 within the‬
‭territory of India].‬

‭ he right to equality is a fundamental principle enshrined in the Constitution of‬


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‭India, which serves as the cornerstone of a democratic society. This paper‬
‭analyzes the various dimensions of the right to‬

‭2‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

e‭ quality, as articulated in the Constitution, and explores its implications for‬


‭social justice, individual rights, and the rule of law.‬

I‭ t examines the relevant articles, judicial interpretations, and socio-political‬


‭contexts that shape the understanding and application of this right in‬

c‭ ontemporary India. The paper also discusses the challenges and limitations‬
‭faced in the realization of equality, highlighting the ongoing struggle for social‬
‭justice among marginalized communities.‬

‭ he Constitution of India, adopted in 1950, is a comprehensive legal document‬


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‭that outlines the framework for governance and the fundamental rights of‬
‭citizens. Among these rights, the right to equality is of paramount importance,‬
‭reflecting the values of justice, liberty, and fraternity.‬

‭ he framers of the Constitution recognized the historical injustices faced by‬


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‭various sections of society and sought to establish a legal framework that‬
‭promotes equality and prohibits discrimination.‬

‭ he right to equality is enshrined primarily in Articles 14 to 18 of the‬


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‭Constitution. Article 14 guarantees equality before the law and equal protection‬
‭of the laws. Article 15 prohibits discrimination on grounds of religion, race,‬
‭caste, sex, or place of birth. Article 16 ensures equality of opportunity in matters‬
‭of public employment. Article 17 abolishes untouchability, and Article 18‬
‭prohibits titles of nobility. Together, these provisions form a robust framework‬
‭aimed at promoting social equality and preventing discrimination.‬

‭ mbedkar, in particular, played a crucial role in shaping the discourse on‬


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‭equality. As the chairman of the Drafting Committee of the Constitution, he‬
‭advocated for the inclusion of provisions that would protect the rights of‬
‭marginalized communities, including Scheduled Castes and Scheduled Tribes.‬
‭His vision of an egalitarian society was instrumental in framing the‬
‭constitutional provisions that guarantee equality.‬
‭3‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭LEGAL PROVISION‬

‭1. Article 14: Equality Before Law‬

‭ rticle 14 of the Constitution of India states, "The State shall not deny to any‬
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‭person equality before the law or the equal protection of the laws within the‬
‭territory of India." This article establishes two key principles: the notion of‬
‭equality before the law and the principle of equal protection of the laws.‬

‭ quality Before the Law: This principle signifies that every individual,‬
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‭regardless of their status,is subject to the same laws. It negates any special‬
‭privileges based on arbitrary distinctions and ensures that no person is above the‬
‭law.‬
‭Equal Protection of the Laws: This principle mandates that individuals in‬
‭similar circumstances must be treated equally. It allows for reasonable‬
‭classification but prohibits arbitrary discrimination. The judiciary has‬
‭interpreted this provision to strike down laws that perpetuate inequality and‬
‭discrimination.‬

‭2. Article 15: Prohibition of Discrimination‬

‭ rticle 15 prohibits discrimination on the grounds of religion, race, caste, sex,‬


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‭or place of birth.It is a vital provision that seeks to eliminate social injustices‬
‭and promote inclusivity. The article also empowers the State to make special‬
‭provisions for the advancement of socially and educationally backward classes,‬
‭Scheduled Castes, and Scheduled Tribes.‬

‭3. Article 16: Equality of Opportunity in Public Employment‬

‭ rticle 16 ensures equality of opportunity for all citizens in matters of public‬


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‭employment. It prohibits discrimination in recruitment and employment in‬
‭government services. The article also allows for the reservation of positions for‬
‭marginalized communities, recognizing the need to address historical injustices‬
‭and promote representation. 4‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭4. Article 17: Abolition of Untouchability‬

‭ rticle 17 explicitly abolishes untouchability and forbids its practice in any‬


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‭form. This provision is a significant step towards dismantling the caste system‬
‭and promoting social equality. The practice of untouchability has been a source‬
‭of immense suffering for millions of people in India,and this constitutional‬
‭mandate seeks to eradicate such discriminatory practices.‬

‭JUDICIAL INTERPRETATION‬

‭ he Indian judiciary has played a pivotal role in interpreting and enforcing the‬
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‭right to equality.Landmark judgments have shaped the understanding of equality‬
‭and its implications for various marginalized groups.‬

‭1. Kesavananda Bharati v. State of Kerala (1973)‬

I‭ n this landmark case, the Supreme Court established the "basic structure"‬
‭doctrine, asserting that certain fundamental features of the Constitution,‬
‭including the right to equality, cannot be altered or destroyed by amendments.‬
‭This ruling reinforced the significance of equality as a foundational principle of‬
‭the Constitution, ensuring that any legislative or executive action must align‬
‭with the core values of justice and equality.‬

‭2. Maneka Gandhi v. Union of India (1978)‬

‭ his case expanded the interpretation of Article 14, emphasizing that the right to‬
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‭equality is not merely a procedural guarantee but also encompasses substantive‬
‭rights. The Supreme Court held that any law that violates the principles of‬
‭natural justice or is arbitrary would be struck down as unconstitutional. This‬
‭judgment underscored the importance of fairness and reasonableness in the‬
‭application of laws, thereby enhancing the protection of individual rights.‬

‭5‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭3. Indira Sawhney v. Union of India (1992‬

I‭ n this case, the Supreme Court addressed the issue of reservations for Other‬
‭Backward Classes (OBCs) in public employment. The Court upheld the validity‬
‭of reservations while also establishing the "creamy layer" principle, which‬
‭excludes socially advanced individuals within the OBC category from availing‬
‭of the benefits. This judgment highlighted the need for a balanced approach to‬
‭equality, recognizing the importance of affirmative action while ensuring that it‬
‭does not perpetuate inequality.‬

‭SOCIAL IMPLICATIONS‬

‭ he right to equality has profound social implications, influencing various‬


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‭aspects of Indian society, including education, employment, and political‬
‭representation. Despite the constitutional guarantees, the realization of equality‬
‭remains a challenge due to entrenched social norms, economic disparities, and‬
‭systemic discrimination.‬

‭ DUCATION‬
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‭Access to quality education is a critical factor in promoting equality. While the‬
‭Right toEducation Act (2009) aims to provide free and compulsory education to‬
‭children, disparities persist in access and quality, particularly for marginalized‬
‭communities.‬

‭ MPLOYMENT‬
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‭The right to equality in employment is crucial for social mobility and economic‬
‭empowerment.While affirmative action policies have been implemented to‬
‭promote representation of marginalized communities in public employment,‬
‭challenges such as discrimination in the private sector and lack of awareness‬
‭about rights continue to hinder progress. Ensuring equal opportunities in the job‬
‭market is vital for fostering an equitable society.‬

‭6‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭ OLITICAL REPRESENTATION‬
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‭Political representation is another area where the right to equality plays a‬
‭significant role.Despite constitutional provisions for reservations in legislative‬
‭bodies, underrepresentation of women and marginalized communities remains a‬
‭pressing issue. Promoting inclusive political participation is essential for‬
‭ensuring that diverse voices are heard and considered in the decision-making‬
‭process.‬

‭ HALLENGESANDLIMITATIONS‬
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‭Despite the constitutional guarantees and judicial interpretations, the realization‬
‭of the right to equality faces several challenges:‬

1‭ .Social Attitudes:‬‭Deep-rooted social attitudes and prejudices continue to‬


‭perpetuate discrimination and inequality. Changing societal perceptions is‬
‭crucial for fostering a culture of equality‬

2‭ . Economic Disparities:‬‭Economic inequalities often intersect with social‬


‭identities,exacerbating the challenges faced by marginalized communities.‬
‭Addressing economic disparities is essential for achieving substantive equality.‬

3‭ . Implementation Gaps:‬‭While laws and policies exist to promote equality,‬


‭implementation remains a significant challenge. Ensuring effective enforcement‬
‭of legal provisions is vital for translating constitutional guarantees into reality.‬

4‭ . Political Will:‬‭The commitment of political leaders and institutions to uphold‬


‭the right to equality is crucial. Political will is necessary to address systemic‬
‭inequalities and promote social justice‬

‭BENEFITS ENJOYEDBYTHEPRESIDENTANDTHEGOVERNOR‬

‭ s wehave read earlier, Article 14 states that everyone should be treated‬


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‭equally without any discrimination. Only reasonable classification is permitted‬
‭under this Article. But there are certain benefits that the President and the‬
‭Governor of the State enjoy, which are as follows:‬
‭7‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

•‭ They cannot be questioned for any activities that they do while carrying out‬
‭their duties in their offices.‬

•‭ They are not subjected to any kind of criminal proceedings during their‬
‭tenure. (Article 361)‬

‭• They cannot be arrested or imprisoned during their tenure.‬

•‭ They are not subjected to any civil proceedings during their tenure, even if‬
‭any act is done by them in their personal capacity.‬

‭ ENEFITS ENJOYEDBYTHEMEMBERSOFPARLIAMENTAND‬
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‭THELEGISLATURE‬

‭ ome benefits enjoyed by the members of Parliament and the Legislature are as‬
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‭follows:‬

•‭ The members of Parliament are not subjected to any civil or criminal‬


‭proceedings in case a member of Parliament says anything that is disliked by‬
‭another member or casts a vote against him.‬

•‭ The members of the State Legislature are not subjected to any civil or‬
‭criminal proceedings in case a member of Parliament says anything that is‬
‭disliked by another member or casts a vote against him.‬

•‭ Aperson is not subjected to civil or criminal proceedings in case of the‬


‭publication of any true report of the proceedings of parliament in any newspaper‬
‭or article.‬

•‭ The members of Parliament or the State Legislature are not obliged to attend‬
‭proceedings in court for any criminal or civil matter while the session is going‬
‭on. (Article 361-A)‬

‭8‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

•‭ The members of Parliament or the State Legislature cannot be questioned by‬


‭any court for their opinions, speeches, or votes made during the session. (Article‬
‭105 and Article 194‬

‭ESTABLISHMENTOFSPECIALCOURTS‬

‭ pecial Courts were established after the approval of the Special Courts Bill,‬
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‭1978. Justice Chandrachud explained and elaborated on this aspect by relating it‬
‭to the principle of the doctrine of reasonable classification, which is an‬
‭exception to Article 14. It was held that equality before the law is not absolute.‬
‭There are several exceptions to this Article that are made for the purpose of‬
‭equitable treatment in all spheres of society. One such exception is Article‬
‭246(2), where it is stated that the State Legislature has the right to address any‬
‭matter that is incorporated in List III of the seventh schedule, regardless of‬
‭clause (3), and subject to clause (1) of the Article. In the landmark case of In‬
‭Re: The Special Courts Bill vs. Unknown (1979), the question was raised to‬
‭determine whether the creation of special courts was in any way violating‬
‭Article 14 of the Indian Constitution. This case was filed to determine whether‬
‭constituting special courts under the Act is legitimate or not. It was held to be‬
‭legal and constitutionally valid.‬

‭ ONCLUSION‬
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‭The right to equality is a fundamental tenet of the Constitution of India,‬
‭reflecting the nation's commitment to justice, liberty, and fraternity. While‬
‭significant progress has been made in promoting equality through constitutional‬
‭provisions and judicial interpretations, challenges remain in realizing this right‬
‭for all citizens. A concerted effort is needed to address social attitudes,‬
‭economic disparities, and implementation gaps to ensure that the promise of‬
‭equality is fulfilled. The ongoing struggle for social justice among marginalized‬
‭communities underscores the importance of vigilance and advocacy in‬
‭safeguarding the right to equality in India.‬

‭9‬
‭Topic: Analysis of a Right to Equality Under the Constitution of India‬

‭REFERENCES‬

‭ ooks:‬
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‭Lawmann’s Constitution of India (2022).‬
‭Publication : M/s. Kamal Publishers‬
‭Part : III‬
‭Pg No. : 4- 6‬

‭WhoIs Equal? The Equality Code Of The Constitution. Author : Saurabh Kirpal‬

‭ ases:‬
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‭Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461. Maneka Gandhi v.‬
‭Union of India, AIR 1978 SC 597. Indira Sawhney v. Union of India, AIR 1993‬
‭SC 477. Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.‬

‭ rticles:‬
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‭Indian Journal Of Integrated Research In Law‬
‭By : Ankit, Sharda University, Greater Noida‬

‭ oogle Scholar:‬
G
‭Blog.ipleaders.in‬

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