Recents in Beach

Write a note on equality in the Indian Constitution.

 The Fundamental Rights in the Indian Constitution have been grouped under six heads as follows:

Right to Equality comprising Articles 14 to 18, of which Article 14 is the most important. Right to Freedom comprising Articles 19 to 22 which guarantee several freedoms, the most important of which is the freedom of speech.

Right to Freedom comprising Articles 19 to 22 which guarantee several freedoms, the most important of which is the freedom of speech.

Right against Exploitation consists of Articles 23 and 24.

Right to Freedom of Religion is guaranteed by Articles 25 to 28.

Cultural and Educational Rights are guaranteed by Articles 29 and 30.

Right to Constitutional Remedies is secured by Articles 32 to 35.

These Articles provide the remedies to enforce the Fundamental Rights, and of these the most important is Art. 32.

I. Article 14 

Article 14 runs as follows: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This provision corresponds to the equal protection clause of the 14th Amendment of the U.S. Constitution which declares: “No State shall deny to any person within its jurisdiction the equal protection of the laws.”

A. Equality before Law

This is a negative concept which ensures that there is no special privilege in favour of anyone, that all are cqually subject to the ordinary law of the land and that no person, whatever be his rank or condition, is above the law. This is equivalent to the second corollary of the Dicean concept of the Rule of Law in Britain.

B. Equal protection of laws 

The second concept, ‘equal protection of laws’, is positive in content.It does not mean that identically the same law should apply to all persons, or that every law must have a universal application within the country, irrespective of differences of circumstances.

II. ARTICLE 15 – Social Equality and Equal Access to Public Areas

The Right to Social Equality and Equal Access to Public Areas is clearly mentioned under Article 15 of the Constitution of India stating that no person shall be shown favouritism on the basis of race, religion, caste, sex and place of birth. Article 15 is an extension of Art. 14.

III. ARTICLE 16 – Equality in Matters of Public Employment Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. 

IV. ARTICLE 17 – ABOLITION OF UNTOUCHABILITIES

The Constitution of India procured for nullifying of untouchables—a social shrewdness rehearsed in this nation from time immemorial. Article 17 provides that Untouchability be nullified and its practice in any form are strictly prohibited.

V. ARTICLE 18 – ABOLITION OF TITLES.

The framers of the Indian Constitution decided to abolish titles through the constitutional provisions and Article 18 under the chapter, fundamental rights,

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