Right to Equality!!! Part III of the Indian Constitution (Article 12 to 35) talks about Fundamental Rights. The Fundamental Rights were included in the constitution because they were considered essential for the development of the personality of an individual.
So, Fundamental Rights preserve human dignity. Part III of the Indian Constitution is ‘Magna Carta’ of India.
So, guys, till now, we have studied Constitutional Development in India, Constituent Assembly, The Preamble, Indian Union and its territories, Citizenship, etc.
Let’s gear up guys, now we are going to discuss the most important part of the Indian Constitution. People are more vocal for their Fundamental Rights but very few understand them thoroughly.
Features of Fundamental Rights
- Some of them available only for citizens while others are available to all persons.
- They are not absolute but qualified. The state can impose reasonable restriction on them.
- Most of them are available against the arbitrary action of the state.
- Some of them are negative in the character.
- They are Justiciable, persons move to court for their enforcement.
- Fundamental Rights are not permanent because Parliament can repeal them by a constitutional amendment act.
- Fundamental Rights can be suspended during the National Emergency except rights under Articles 20 and 21.
- Most of them are directly enforceable.
Definition of State
Article 12, defines the term ‘State’.
State includes,
- Government and Parliament of India,
- Government and legislature of the states,
- All local authorities that are municipalities, panchayats, district boards and
- All other statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
Laws Inconsistent with Fundamental Rights
Article 13 declares,
Parliament cannot make any law which takes away the fundamental rights of the individuals.
-Article 13, Indian Constitution
This article provides the doctrine of Judicial review. This power has been conferred on the Supreme Court(Article 32) and High Court(Article 226).
So, from here, we can say, the Supreme court will be the supreme interpreter of the Indian Constitution.
Right to Equality
The right to equality is very important in a diversity of rich Indian Culture. The purpose of this right is to establish the rule of law.
Equality before Law and Equal Protection of Laws
Article 14, says,
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
-Article 14, Indian Constitution
Here, one should know, the concept of ‘Equality before law’ is of British origin. And ‘Equal protection of laws’ taken from the American Constitution.
Prohibition of Discrimination on certain Grounds
Article 15, provides,
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 (1), Indian Constitution
The second provision of Article 15 says,
No citizen shall be subject to any disability, liability, restriction or condition with regard to access to shops, restaurants and places of public entertainment, the use of wells, tanks, bathing ghats, roads etc.
-Article 15 (2), Indian Constitution
The state prohibits discrimination. But at the same time, State can,
- Make any provision for women and child, reservation of seats for women, free education for children. (Article 15 (3))
- Make any provision for advancement of socially and educationally backward classes, Reservation of seats and fee concessions in public education institute. (Article 15 (4))
- The Central Educational Institutions (Reservation in Admission) Act 2006 provide a quota of 27% to Other backward class (OBC) in all central higher educational institutions including IITs and IIMs.(Article 15 (5))
Equality of opportunity in public Employment
Article 16 provides for,
Equality of opportunity for all citizens in matters of employment or appointment to any office under the state.
-Article 16 (1), Indian Constitution
No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
-Article 16 (2), Indian Constitution
But, at the same time, the state can provide reservation in appointments or posts. The state may favour any backward class that is not adequately represented in the state services.
Mandal commission appointed in 1979 by the Morarji Desai Government. The commission was assigned the task to determine the criteria for socially and educationally backward classes.
The commission recommended a reservation of 27% in government jobs for other backward classes (OBCs). So, the total reservation for all (SCs, STs, and OBCs) amounts to 50%. It was approved after 10 years in 1990.
Abolition of Untouchability
Article 17,
Abolishes ‘Untouchability‘ and forbids its practice in any form. The enforcement of any disability arising out of “Untouchability” shall be an punishable offence in accordance with the law.
-Article 17, Indian Constitution
In 1976, the Untouchability (Offences) Act, 1955 amended and renamed as the Protection of Civil Rights Act, 1955. Under this act,
- the offenses committed on the ground of Untouchability are punishable either by imprisonment or
- Fine up to ₹ 500 or
- Both punishments can be given.
Abolition of Titles
Article 18,
Abolition of Titles.
-Article 18, Indian Constitution
There are four important provisions of article 18, listed below,
- It prohibits state to give title (except a military or academic distinction) to any citizen or foreigner.
- No Indian citizen shall accept title from any foreign state.
- A foreigner holding office of profit under state cannot accept title from any foreign state without the consent of President.
- No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.
These six rights are protected against only state action and not private individuals.
So, these rights are available only for citizens not for foreigners. The state can make ‘reasonable’ restrictions on the enjoyment of these six rights.
So, in the upcoming post, we will discuss the Right to Freedom section of Fundamental Rights, Part-II of the Indian Constitution.
Thanks and Stay Civilised. 😊
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