Right to Equality in the Indian Constitution: A Comprehensive Overview

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PREVIOUS YEAR QUESTION PAPERS

Discuss in detail about the Right to equality given in the Indian Constitution. (HPAS Mains Question Paper 2022 – GS 2, Q.2)

Articles 14-18:-

  • Articles 14-18 of the Indian Constitution guarantee citizens the fundamental right to equality. The Right to Equality is one of the most important fundamental rights because it ensures equal treatment of all individuals regardless of caste, creed, religion, gender, race, or place of birth.

Article 14:-

  • Article 14 of the Indian Constitution guarantees equality before the law and equal protection under the law to all Indian citizens. This means that the government cannot discriminate against anyone, and everyone is entitled to equal treatment under the law. No one can be punished or denied rights unless they have broken a universally applicable law.

Article 15:-

  • Article 15 makes it illegal to discriminate based on religion, caste, gender, or place of birth. It also allows the state to make special provisions to uplift certain marginalized groups in society, such as women, children, and socially and educationally disadvantaged groups.

Article 16:-

  • Article 16 guarantees equal opportunity in public employment and prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence. The state may also make reservations in public employment for specific segments of society.

Article 17:-

  • Article 17 abolishes the practice of untouchability, which was prevalent in Indian society, particularly against Dalits or lower castes.

Article 18:-

  • Article 18 abolishes titles and forbids the state from bestowing any titles except military or academic distinctions.
  • The principle of non-discrimination against foreign nationals residing in India is also included in the Right to Equality. They are entitled to the same legal protection as Indian citizens.

The Indian Constitution also grants the state the authority to implement affirmative action policies, such as reservations in educational institutions and public employment for socially and educationally backward classes, scheduled castes, and scheduled tribes. These policies aim to level the playing field for marginalised groups and ensure their representation in public institutions.

To summarise, the Right to Equality is a fundamental right that ensures that all individuals are treated equally, regardless of gender, religion, caste, race, or place of birth. The Indian Constitution contains several provisions that ensure the protection of this right and allow the state to implement affirmative action policies to benefit marginalised sections of society.

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