S
Sahaj Vidhi
M.P. Civil Judge Question Paper 2019 Phase I

Describe prohibition of discrimination based on sex. Explain meaning, scope and extent of term "citizen" within the purview of Constitution of India.

Verified Answer

  1. Core Legal Answer & Context: (a) Prohibition of Discrimination based on Sex: The Indian Constitution guarantees equality and prohibits discrimination. Article 15(1) explicitly states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(2) extends this prohibition to access public places. Importantly, Article 15(3) allows the State to make special provisions for women and children, recognizing historical disadvantages and promoting substantive equality. Article 16(2) prohibits discrimination on grounds of sex in matters of public employment. (b) Meaning, Scope, and Extent of "Citizen": The term "citizen" in the Constitution refers to individuals who enjoy full civil and political rights in India. Part II of the Constitution (Articles 5-11) deals with citizenship. It does not define 'citizen' but rather specifies who became a citizen at the commencement of the Constitution (Articles 5-8) and empowers Parliament to regulate citizenship by law (Article 11). The Citizenship Act, 1955, subsequently enacted, provides for acquisition and termination of citizenship. The scope extends to fundamental rights available only to citizens (e.g., Articles 15, 16, 19) and political rights (e.g., right to vote, hold public office).

  2. Relevant Statutes and Sections:

  • Constitution of India: Articles 15, 16, 5-11.
  • Citizenship Act, 1955.
  1. Important Landmark Cases:
  • C.B. Muthamma v. Union of India (1979): Struck down discriminatory service rules based on sex in public employment.
  • Air India v. Nargesh Meerza (1981): Held certain service conditions for air hostesses as discriminatory on grounds of sex.
  • Pradeep Jain v. Union of India (1984): Discussed the concept of Indian citizenship and its implications for rights.
  1. Clear Conclusion: The Constitution firmly prohibits sex-based discrimination, while allowing affirmative action for women, and defines citizenship through specific provisions and parliamentary legislation, granting citizens distinct rights and privileges essential for participation in the Indian polity.