Overview

The Right to Equality is one of the six fundamental rights guaranteed to all citizens of India under Part III of the Constitution. This right ensures that all individuals are treated equally before the law and prohibits discrimination on various grounds.

Article 14: Equality Before Law

Article 14 guarantees equality before the law and equal protection of laws within the territory of India. This means:

• All citizens are equal before the law
• No person is above the law
• Equal protection of laws for all persons
• Prohibition of arbitrary and discriminatory laws

Article 15: Prohibition of Discrimination

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It states:

• The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
• No citizen shall be subject to any disability, liability, restriction or condition on these grounds
• Special provisions for women and children are allowed
• Special provisions for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes are permitted

Article 16: Equality of Opportunity in Public Employment

Article 16 ensures equality of opportunity in matters of public employment:

• No citizen shall be discriminated against in employment or appointment under the State on grounds of religion, race, caste, sex, descent, place of birth, or residence
• Equal opportunity for all citizens in matters relating to employment
• Reservation for backward classes is allowed
• Residence requirement for certain posts can be prescribed

Article 17: Abolition of Untouchability

Article 17 abolishes untouchability and makes its practice in any form a punishable offense:

• Untouchability is abolished and its practice in any form is forbidden
• Enforcement of any disability arising out of untouchability is an offense
• Protection of Civil Rights Act, 1955 provides penalties for practicing untouchability

Article 18: Abolition of Titles

Article 18 prohibits the State from conferring titles and restricts citizens from accepting titles from foreign states:

• No title, except military or academic distinctions, shall be conferred by the State
• No citizen of India shall accept any title from any foreign State
• No person holding any office of profit or trust under the State shall accept any title from any foreign State without the consent of the President

Significance

The Right to Equality is fundamental to the democratic structure of India. It ensures that all citizens have equal opportunities and are protected from discrimination. This right forms the foundation of social justice and helps in creating an egalitarian society where every individual can develop their potential without facing discrimination.

Landmark Cases

• Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 14 to include procedural due process
• Indra Sawhney v. Union of India (1992): Upheld 27% reservation for OBCs in public employment
• Navtej Singh Johar v. Union of India (2018): Decriminalized homosexuality, upholding equality