I. Right to Equality (Article 14 to 18)

Article 14: Equality Before Law and Equal Protection of Law

The said Article is clearly in two parts – while it commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept. The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all. It is positive in character. Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally.

Article 15: Prohibition of Discrimination on the Basis of Sex, Caste, Religion, Race or Place of Birth

• However, this Article does not prevent the State from making any special provisions for women or children. Further, it also allows the State to extend special provisions for socially and economically backward classes for their advancement. It applies to the Scheduled Castes (SC) and Scheduled Tribes (ST) as well.

Article 16: Equality of Opportunity in Matters of Employment

• This Article also provides the autonomy to the State to grant special provisions for the backward classes, under-represented States, SC & ST for posts under the State. Local candidates may also be given preference is certain posts. Reservation of posts for people of a certain religion or denomination in a religious or denominational institution will not be deemed illegal.
• In State of Kerala v. N.M. Thomas case, it was held that Government has an affirmative duty to eliminate inequalities and to provide opportunities for the exercise of human rights and claims Fundamental rights as enacted in Part III of the Constitution are, by and large, essentially negative in character.
• In Indira Sawhney’s case, SC observed that to bring about equality between the unequals, it was necessary to adopt positive measures to abolish inequality. The equalizing measures would have to use the same tools by which inequality was introduced and perpetuated. Otherwise, equalization will not be of the unequals. These equalizing measures would be validated by Article 14 which guarantees equality before law.
• Reservation in Promotion deals with Article 15 and 16 of the Constitution, it is under adjudication.

Article 17: Abolition of Untouchability

• The Untouchability Offences Act of 1955 (renamed the Protection of Civil Rights Act in 1976) provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well.
• Similarly, SC/ST Atrocity Act, 1989 provided for stringent punishment against atrocities. The most controversial provision which was in news last year - ‘making offences under act non-bailable’. Supreme Court overturned it and allowed anticipatory bail which was finally reversed via central government notification.

Article 18: Abolition of Titles

• The Act abolished the titles such as Rai Bahadur and Khan Bahadur conferred by the British.
• However, Military and academic distinctions can be conferred upon. The awards such as Bharat Ratna and Padma Vibhushan do not fall within the constitutional prohibition as stated by Supreme Court in Balaji Raghavan vs. Union of India (1995). Thus, they cannot be used by the recipient as a title.
• If one has to accept any foreign title, he/she will have to take prior permission form the President of the Country.