UPPSC Mains 2018 Paper 2

Examine Right to Equality as a Fundamental Right in the Constitution of India.

Verified Answer

The Right to Equality, enshrined in Articles 14 to 18 of the Indian Constitution, forms the bedrock of India's democratic and egalitarian aspirations. It is a fundamental right that guarantees equal treatment to all citizens, aiming to establish a society free from discrimination and privilege.

Article 14: Equality Before Law and Equal Protection of Laws This article is the cornerstone of the Right to Equality. 'Equality before law' signifies that no person is above the law, and all individuals, irrespective of their status, are subject to the ordinary law of the land administered by ordinary law courts. It is a negative concept, implying the absence of any special privilege. 'Equal protection of laws,' on the other hand, is a positive concept, meaning that among equals, the law should be equal and should be equally administered, and that like should be treated alike. This allows for reasonable classification based on intelligible differentia, provided the classification has a rational relation to the object sought to be achieved by the law.

Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth This article prohibits the State from discriminating against any citizen on these specific grounds. It also allows the State to make special provisions for women and children, and for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes, thereby enabling affirmative action to address historical disadvantages.

Article 16: Equality of Opportunity in Matters of Public Employment Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. It prohibits discrimination on the same grounds as Article 15. Crucially, it also allows the State to make provisions for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Article 17: Abolition of Untouchability This article is a powerful declaration against social discrimination. It abolishes 'Untouchability' in all its forms and forbids its practice. The enforcement of any disability arising out of 'Untouchability' is declared an offense punishable in accordance with law. This article aims to eradicate a deeply entrenched social evil and promote dignity and equality.

Article 18: Abolition of Titles Article 18 prohibits the State from conferring any title (except military and academic distinctions). It also restricts Indian citizens from accepting any title from any foreign state. The objective is to prevent the creation of artificial distinctions and promote a sense of equality among citizens.

In essence, the Right to Equality not only ensures formal equality but also seeks to achieve substantive equality by allowing for special provisions and affirmative action to uplift disadvantaged sections of society, making it a dynamic and transformative fundamental right in the Indian constitutional framework.