Right to Equality

Article 14

Article 14 states:
👉 “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Notice two key phrases here:

1. Equality before Law (British origin)
2. Equal Protection of Laws (American origin)

Let’s decode them one by one.

Equality before Law – Negative Concept

• No special privileges for anyone.
• Everyone is equally subject to the ordinary law of the land.
• Rich or poor, high or low, official or non-official → all are under the same law.
  👉 Example: Even the Prime Minister, if commits a crime, can be tried in court like a common man.

Equal Protection of Laws – Positive Concept

• Law must treat similarly situated people in the same way.
• Like cases should be treated alike.
• Ensures both equal privileges and equal liabilities.
  👉 Example: Reservation for socially and educationally backward classes is not a violation of equality, but an attempt to give equal protection under unequal circumstances.

🔑 In short:

• Equality before law = No one above the law (negative restriction).
• Equal protection of laws = Like should be treated alike (positive guarantee).
  Together, they aim to establish equality of legal status, opportunity, and justice.

Reasonable Classification vs. Class Legislation

• Article 14 forbids class legislation (making arbitrary distinctions).
• But it allows reasonable classification, provided:
  1. There is intelligible differentia (clear distinction between groups).
  2. There is a rational nexus between the classification and the objective of the law.

👉 Example: A law giving special benefits to women or SC/STs is valid because the classification is based on intelligible differentia + reasonable purpose.

Rule of Law and Article 14

The principle of Rule of Law was given by A.V. Dicey, a British jurist. It has three elements:

1. Absence of arbitrary power → No person can be punished unless there is a violation of law.
2. Equality before law → Everyone is equally subject to ordinary law administered by ordinary courts.
3. Primacy of individual rights → Rights come from courts and common law, not from Constitution.

👉 In India, the first two principles apply.
👉 The third does not apply, because here Constitution itself is the source of individual rights.

⚖️ The Supreme Court has held that Rule of Law is part of the “Basic Structure” of the Constitution, so even a constitutional amendment cannot destroy it.

Exceptions to Equality (When Article 14 doesn’t apply fully)

Equality is not absolute. The Constitution itself provides certain immunities:

1. Immunity of President & Governor (Article 361):
   • Not answerable to courts for official acts.
   • No criminal proceedings during tenure.
   • No arrest or imprisonment during tenure.
   • Civil proceedings allowed only after 2 months’ notice.
2. Freedom of Press in Parliamentary Reporting (Article 361-A):
   • True reports of Parliament/State Legislature proceedings (in newspaper, radio, TV) are protected.
3. Parliamentary Privileges (Article 105):
   • MPs not liable for anything said or any vote given in Parliament or its committees.
4. State Legislative Privileges (Article 194):
   • Same immunity for MLAs in State Legislatures.
5. Directive Principles Override (Article 31C):
   • If a law is made to implement Article 39(b) or 39(c) (distributive justice, prevention of wealth concentration), it cannot be challenged under Article 14.
     👉 “Where Article 31C comes in, Article 14 goes out.”
6. Foreign Sovereigns, Ambassadors, Diplomats:
   • Enjoy immunity from Indian courts under international law.
7. UNO and its Agencies:
   • Also enjoy diplomatic immunity in India.

✨ In essence: Article 14 is not about absolute equality but about fair equality. It ensures that the law works equally on equals, while at the same time recognizing that unequal situations sometimes need unequal treatment to establish true justice.

Article 15

What Article 15 says (core idea)

• The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
  Two words demand attention: “discrimination” and “only.”

Discrimination = making an adverse distinction or treating someone unfavourably.

“Only” means: if the differential treatment is solely for one of the listed grounds, Article 15 prohibits it. If the classification is based on other grounds (or multiple grounds where the listed ground is not the sole basis), Article 15 may not apply.

Two important scopes in Article 15

1. First clause: forbids discrimination by the State (i.e., state action).
2. Second clause: specifically bars subjecting any citizen to disabilities, liabilities, restrictions or conditions on grounds only of those listed when it comes to access to:
   • shops, public restaurants, hotels, places of public entertainment; and
   • use of wells, tanks, bathing ghats, roads and other places of public resort maintained wholly/partly by State funds or dedicated to public use.
     → This second clause applies to both the State and private individuals (i.e., it reaches private acts of exclusion in public places).

Takeaway: First clause = State only; second clause = State + private persons (in the contexts listed).

Four Constitutional exceptions (permitted affirmative action)

Article 15 itself allows certain special provisions — these are not violations, they are expressly permitted:

(a) Special provision for women and children

• State may make special measures for their protection/advancement (example: reservation of seats for women in local bodies, special welfare schemes, free/mid-day schooling programmes for children).

(b) Special provision for socially & educationally backward classes or SCs/STs

• State can make special provisions (reservations, scholarships, concessions) to uplift backward classes, SCs and STs.

(c) (Added by 93rd Amendment, 2005) — reservation in educational institutions including private unaided ones (except minority institutions) for backward classes / SC / ST

• This clause permits reservation in admissions even in private educational institutions, whether aided or unaided — except minority educational institutions (which are protected under Article 30).
• Implementation: Centre passed the Central Educational Institutions (Reservation in Admission) Act, 2006 (27% quota for OBCs in central institutions). In April 2008 the Supreme Court upheld the amendment and the Act but directed exclusion of the creamy layer of OBCs.

(d) (Added by 103rd Amendment, 2019) — EWS reservation

• State may make special provision for advancement of economically weaker sections (EWS) of citizens.
• Up to 10% reservation in admissions (and public employment where applicable) in addition to the existing reservations for SC/ST/OBC.
• This benefit applies to persons not covered under existing schemes for SC/ST/OBC.

Creamy layer (OBC) — what it means (practical rule)

• Creamy layer = relatively advanced/affluent sections within OBCs who are excluded from reservation benefits.
• Operational effect: Those in the creamy layer do not get the OBC quota benefit.
• Typical categories identified as part of creamy layer (useful to memorise):
  1. Constitutional position holders (President, V-P, Judges of SC/HC, UPSC members, CAG, etc.).
  2. Group ‘A’ / Class I and Group ‘B’ / Class II officers in All-India/Central/State services and equivalent posts in PSUs, banks, universities, etc.
  3. Defence officers at colonel rank and above (and equivalents).
  4. Professionals (doctors, lawyers, engineers, consultants, authors, artists).
  5. Persons in trade, business and industry.
  6. Persons holding agricultural land above a certain limit or substantial urban property.
  7. Persons with gross annual family income above a specified ceiling (historical revisions: ₹1 lakh in 1993 → ₹2.5 lakh in 2004 → ₹4.5 lakh in 2008 → ₹6 lakh in 2013 → ₹8 lakh in 2017).
• Practical note: When reservations are implemented, the administering authority excludes the creamy layer first; remaining eligible OBCs get the quota.

EWS (Economically Weaker Sections) — operational criteria (as per Central order)

• Income threshold: Family gross annual income below ₹8 lakh (income from all sources for preceding financial year).
• Asset exclusions (if any one held → excluded even if income below ₹8L):
  • Agricultural land ≥ 5 acres.
  • Residential flat ≥ 1000 sq. ft.
  • Residential plot ≥ 100 sq. yards in notified municipalities.
  • Residential plot ≥ 200 sq. yards elsewhere (non-notified areas).
• Clubbing rule: Property held by family at different locations is clubbed while applying land/property test.
• Family definition: applicant + parents + siblings below 18 + spouse + children below 18.
• Important: EWS reservation is additional to existing reservations (SC/ST/OBC) and applies only to those not covered by those schemes.

Quick examples to clarify “only” and exceptions

• A law refusing public entry to persons of a particular caste → violates Article 15.
• A regulation restricting entry to a workplace on safety grounds (not based only on caste/sex/place of birth) → may not be covered by Article 15 (classification is for a valid purpose).
• Private hotel refusing entry to a woman because of sex → Article 15(2) bars that (applies to private actors for listed public places).

In Summary:
Article 15 enshrines non-discrimination on specified grounds, but consciously permits affirmative action (reservation/other special provisions) for women, children, backward classes, SC/ST and EWS — while preserving safeguards like the creamy layer rule and exclusions for minority institutions.

Article 16

The General Rule

• All citizens shall have equality of opportunity in matters of employment or appointment to any office under the State.
• No citizen can be discriminated against or declared ineligible only on grounds of:
  • Religion
  • Race
  • Caste
  • Sex
  • Descent
  • Place of birth
  • Residence

👉 Notice: This applies only to citizens (not foreigners).

Four Exceptions (Permitted Deviations from General Rule)

1. Residence condition
   • Parliament may prescribe residence as a condition for certain jobs in a State/UT/local authority.
   • The Public Employment (Requirement as to Residence) Act, 1957 expired in 1974, so today no such general law exists.
   • Exception: Andhra Pradesh & Telangana have special constitutional provisions.
2. Reservation for backward classes
   • State may provide for reservation of posts in favour of any backward class not adequately represented in State services.
3. Religious institutions
   • A law may require that the head of a religious or denominational institution must belong to that religion/denomination.
4. EWS reservation (103rd Amendment, 2019)
   • State may provide up to 10% reservation in public employment for Economically Weaker Sections (EWSs), in addition to existing reservations.
   • Criteria for EWS = same as explained under Article 15 (₹8 lakh income ceiling, property limits, exclusions, etc.).

The Mandal Commission Story (OBC Reservation)

Background

• 1979: Morarji Desai govt. appointed Second Backward Classes Commission under B.P. Mandal (Article 340).
• 1980 Report: Identified 3743 castes as OBCs (≈52% of population, excluding SCs & STs).
  • Recommended: 27% reservation in govt. jobs for OBCs so that total reservations (SC+ST+OBC) = 50%.

Implementation

• 1990 (V.P. Singh Govt.): Declared 27% govt. job reservation for OBCs.
• 1991 (Narasimha Rao Govt.): Added
  1. Preference to poorer sections among OBCs (economic criteria).
  2. Extra 10% reservation for poorer sections of “higher castes” not covered by existing reservations. (struck down later in Mandal Case 1992)

Mandal Case (Indra Sawhney v. Union of India, 1992)

The Supreme Court laid down landmark rules:

1. 27% reservation for OBCs upheld, but with conditions.
2. Creamy layer exclusion: Advanced sections among OBCs not eligible.
3. No reservation in promotions → only initial appointments.
   • (Existing promotion reservations allowed only for 5 years, i.e., till 1997).
4. 50% ceiling rule: Total reservations must not exceed 50% (except in extraordinary situations).
5. Carry forward rule valid, but must not breach 50% ceiling in a given year.
6. Permanent statutory body to hear complaints → led to creation of National Commission for Backward Classes (NCBC).

Government Actions after Mandal Case

To adapt to SC’s rulings, several constitutional amendments were made:

1. Ram Nandan Committee (1993): Identified creamy layer among OBCs.
2. NCBC (1993): Statutory body, later given constitutional status by 102nd Amendment (2018) (inserted Article 338B).
3. 77th Amendment (1995): Allowed reservation in promotions for SC/STs (added Article 16(4A)).
4. 85th Amendment (2001): Allowed consequential seniority in promotions for SC/STs (retrospective from June 1995).
5. 81st Amendment (2000): Backlog vacancies can be carried forward beyond 50% ceiling (added Article 16(4B)).
6. 76th Amendment (1994): Placed Tamil Nadu Reservation Act (1994) (69% reservation) into the Ninth Schedule to protect from judicial review.

Reservation for EWS in Public Employment (103rd Amendment, 2019)

• Central government order (2019): 10% reservation for EWS in civil posts and services under Government of India.
• Eligibility: Same as under Article 15 → ₹8 lakh annual income ceiling + property limits.
• Applies only to those not covered under SC/ST/OBC reservations.
• Exemptions: Some scientific & technical posts can be excluded if:
  1. Grade is above the lower level of Group A.
  2. Classified as “scientific/technical” (per 1961 Cabinet Secretariat order).
  3. Involves research or directing research.

✨ In essence: Article 16 begins with the principle of equal opportunity, but its journey through Mandal, creamy layer, and EWS shows how India balances social justice with meritocracy. It’s not static, but an evolving compromise between equality of opportunity and equality of outcomes.

Article 17

Core Idea

👉 “Untouchability is abolished and its practice in any form is forbidden.”

• Any disability imposed on the basis of untouchability is an offence punishable by law.

Legislative Support

• Originally: Untouchability (Offences) Act, 1955.
• Later (1976): Renamed & strengthened as Protection of Civil Rights Act, 1955.
  • Defines civil right as any right accruing due to the abolition of untouchability under Article 17.
  • Makes penal provisions more stringent.

Meaning of “Untouchability”

• Not defined in Constitution or law.
• Mysore High Court clarified: It does not mean untouchability in literal sense (like avoiding contact due to disease).
• It refers to historical caste-based disabilities imposed on certain groups due to birth.
  👉 Hence, it is limited to caste-based discrimination, not individual boycotts or personal enmity.

Enforceability

• Against private individuals also (not just State).
• Supreme Court: It is the State’s constitutional obligation to ensure that this right is not violated.

Article 18

Provisions

Article 18 abolishes titles and ensures equality of status. It has four rules:

1. State cannot confer any title, except military or academic distinctions.
   • Example: Army ranks (General, Colonel) or university degrees (Dr., Prof.) are valid.
2. Indian citizens cannot accept titles from foreign states.
3. Foreigners in service of Indian govt. cannot accept titles from foreign states without President’s consent.
4. No Indian citizen or foreigner in govt. service can accept gifts, offices, emoluments from foreign states without President’s consent.

Purpose

• To end colonial legacy of hereditary nobility and hierarchical honours (like Maharaja, Rai Bahadur, Dewan Bahadur, Raj Saheb, etc.).
• These were seen as against the principle of equal status.

National Awards and Titles

• 1954: Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri were instituted.
• 1977: Morarji Desai govt. discontinued them.
• 1980: Indira Gandhi govt. revived them.
• 1996 (Supreme Court ruling):
  • National Awards are valid; they do not count as “titles” under Article 18.
  • Reason: They are given for merit and not hereditary privileges.
  • However, awardees cannot use them as prefix/suffix (e.g., can’t write Bharat Ratna Lata Mangeshkar). If misused → award can be forfeited.

✨ Essence of Right to Equality:
It removes both arbitrary privileges and social disabilities — establishing India as a society where all individuals have equal legal status, opportunities, and dignity.