FUNDAMENTAL RIGHTS
The Constitution of India guarantees all citizens certain basic freedoms, which are classified into six categories of Fundamental Rights. These rights are justifiable and can be found in Articles 12 to 35 of Part III of the Constitution.
The six categories of Fundamental Rights are:
1. Right to equality, which includes equality before the law, prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
2. Right to freedom, which includes freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation. However, some of these rights can be limited for the security of the State, friendly relations with foreign countries, public order, decency, or morality.
3. Right against exploitation, which prohibits all forms of forced labor, child labor, and trafficking in human beings.
4. Right to freedom freedom of religion, and of conscience and free profession, practice, and propagation of religion.
5. Right of any section of citizens to conserve their culture, language or script, and the right of minorities to establish and administer educational institutions of their choice.
6. Right to constitutional remedies for the enforcement of Fundamental Rights.
In this article we’ll be discussing about Article 14 and Article 15 of the Indian Constitution which deals with the “Right to equality”
Right to equality (Article 14 – Article 18)
The right to equality is a fundamental right enshrined in the Indian Constitution. It is guaranteed under Articles 14 to 18 of the Constitution. These provisions aim to ensure that every individual is entitled to equal treatment under the law without discrimination based on their religion, race, caste, gender, or place of birth.
Article 14
Article 14 of the Indian Constitution is one of the fundamental rights guaranteed to all citizens of India. It states that “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 means that every individual in India, regardless of their caste, creed, religion, gender, or economic status, has the right to be treated equally before the law.
Article 14 is a cornerstone of the Indian Constitution and is essential in upholding the principles of justice, liberty, and equality enshrined in the Constitution. It ensures that every individual has equal opportunities and protection under the law, and that the State cannot favour any particular group or individual over another. The right to equality under Article 14 has been interpreted broadly by the Indian judiciary, including the right to equality of opportunity in matters of public employment, the right to equal pay for equal work, and the right to equal protection of the law. The provision has been instrumental in safeguarding the rights of citizens and promoting social justice in India.
Equality before law and equal protection of law
Equality before law and equal protection of law are two fundamental principles of justice that are guaranteed under Article 14 of the Indian Constitution.
Equality before law means that every individual is entitled to the same treatment under the law, regardless of their social, economic, or political status. This principle ensures that no one is above the law and that all individuals are subject to the same legal system.
Equal protection of law means that the law must be applied equally to all individuals without discrimination. This principle ensures that every individual is entitled to the same protection of the laws and that no one can be discriminated against based on their religion, race, caste, sex, or place of birth.
The principle of equality before law and equal protection of law is an essential component of India’s constitutional framework. It reflects the country’s commitment to democratic values and principles of justice, fairness, and equality. The Supreme Court of India has interpreted these principles broadly and has used them to promote social justice and equality in the country.
Landmark judgements
1. Keshavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court held that Article 14 prohibits arbitrary and discriminatory action by the State. It also established the principle of basic structure, which limits the power of Parliament to amend the Constitution.
2. Maneka Gandhi v. Union of India (1978): This case held that the right to travel abroad is a fundamental right, and any law or order that restricts this right must meet the test of reasonableness under Article 14.
3. Indra Sawhney v. Union of India (1992): In this case, the Supreme Court upheld the validity of the Mandal Commission’s recommendations on reservation in public employment, subject to certain conditions. The Court held that reservation must not exceed 50% and must be based on social and educational backwardness.
4. Suresh Kumar Koushal v. Naz Foundation (2013): This case overturned the Delhi High Court’s decision that had decriminalized homosexuality under Section 377 of the Indian Penal Code. The Supreme Court held that the provision did not violate Article 14 as it applied equally to all persons.
5. Shayara Bano v. Union of India (2017): In this case, the Supreme Court declared the practice of instant triple talaq as unconstitutional and violative of Article 14. The Court held that the practice was arbitrary and discriminatory against Muslim women.
Article 15
Article 15 of the Indian Constitution prohibits discrimination against any citizen of India on the grounds of religion, race, caste, sex, or place of birth. It states that the State shall not discriminate against any citizen in the matter of access to shops, public restaurants, hotels, and places of public entertainment or in the use of wells, tanks, bathing ghats, roads, and places of public resort.
The article also empowers the government to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Such provisions may include the reservation of seats in educational institutions and public employment, among others.
Article 15 is an essential tool for promoting social justice and equality in India. It provides a legal framework for addressing historical and structural inequalities that have disadvantaged certain groups in society. The provision has been used to challenge discriminatory practices such as untouchability and caste-based segregation.
Landmark judgements
1. State of Madras v. Champakam Dorairajan (1951): This case was the first to interpret Article 15. The Supreme Court held that the State could not discriminate against any citizen on the basis of caste, race, or religion in matters of admission to educational institutions.
2. Peeriakaruppan v. State of Tamil Nadu (1971): This case dealt with the issue of reservation in public employment for members of the Scheduled Castes and Scheduled Tribes. The Supreme Court held that such reservation was permissible under Article 15(4) of the Constitution, which allows the State to make special provisions for the advancement of socially and educationally backward classes.
3. Mohini Jain v. State of Karnataka (1992): This case dealt with the issue of discrimination against women in matters of admission to professional courses. The Supreme Court held that the State could not discriminate against women in matters of education and that any such discrimination would be violative of Article 15.
4. Navtej Singh Johar v. Union of India (2018): In this case, the Supreme Court struck down Section 377 of the Indian Penal Code, which criminalized homosexuality. The Court held that the provision was violative of Article 15 as it discriminated against persons based on their sexual orientation.
5. Anuj Garg v. Hotel Association of India (2008): This case dealt with the issue of discrimination against unmarried couples in hotels. The Supreme Court held that such discrimination was violative of Article 15 as it amounted to discrimination on the basis of marital status.
