Right to Equality (Articles 14–18)

At a Glance

• What it is The first Fundamental Right: equality before law, no discrimination, equal opportunity in public employment, abolition of untouchability and of titles
• Articles Articles 14 to 18
• Available to Article 14 to all persons; Articles 15 and 16 only to citizens
• Key cases Indra Sawhney (1992), Balaji Raghavan (1995), People’s Union for Democratic Rights (1982)
• Exam link UPSC Prelims, Polity: Fundamental Rights

Where Does It Fit?

This is the third topic of the category on Fundamental Rights. After the definition of the State and the effect of Article 13, the Constitution lists the six rights. The Right to Equality comes first and is spread over five Articles, 14 to 18.

Article 14: Equality Before Law and Equal Protection of Laws

Article 14 says 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. It confers the right on all persons, citizens or foreigners, and the word “person” includes legal persons such as statutory corporations, companies and registered societies.

Equality before law is of British origin. It means the absence of any special privilege in favour of any person, the equal subjection of all persons to the ordinary law administered by ordinary courts, and that no person, rich or poor, high or low, official or non-official, is above the law. Equal protection of laws is taken from the American Constitution. It means equality of treatment under equal circumstances, the similar application of the same laws to persons similarly situated, and that the like should be treated alike. The former is a negative concept and the latter is a positive concept.

Article 14 forbids class legislation but permits reasonable classification of persons, objects and transactions. The classification should not be arbitrary, artificial or evasive. It should be based on an intelligible differential and a substantial distinction.

Rule of Law and the Exceptions to Equality

Equality before law is an element of the Rule of Law propounded by A.V. Dicey, which has three elements: absence of arbitrary power, equality before the law, and the primacy of the rights of the individual. The first and second apply to the Indian system and not the third, since in India the Constitution is the source of individual rights. The Supreme Court held that the Rule of Law in Article 14 is a basic feature of the Constitution and cannot be destroyed even by an amendment.

Article 15: Prohibition of Discrimination

Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The two crucial words are “discrimination” and “only”; discrimination on other grounds is not prohibited. Article 15(2) bars any disability on those grounds in access to shops, public restaurants, hotels and places of public entertainment, and in the use of wells, tanks, bathing ghats, roads and places of public resort maintained by State funds or dedicated to the public. Clause (2) applies to both the State and private individuals.

To give effect to Article 15(5), Parliament enacted the Central Educational Institutions (Reservation in Admission) Act, 2006, providing 27% quota for OBCs in central institutions including IITs and IIMs. In April 2008 the Supreme Court upheld the amendment and the Act, and directed that the creamy layer among the OBCs be excluded. For EWS reservation, the 2019 order sets a gross family income below Rs 8 lakh and excludes families with assets such as 5 acres of agricultural land or a residential flat of 1000 sq ft.

Article 16: Equality of Opportunity in Public Employment

Article 16 provides equality of opportunity for all citizens in matters of employment or appointment to any office under the State. No citizen can be ineligible or discriminated against on grounds only of religion, race, caste, sex, descent, place of birth or residence. There are exceptions:

Mandal Commission and the Indra Sawhney Case

In 1979 the Morarji Desai Government appointed the Second Backward Classes Commission under B.P. Mandal under Article 340. In 1980 it identified 3,743 castes as socially and educationally backward, about 52% of the population excluding SCs and STs, and recommended 27% reservation of government jobs for OBCs. The V.P. Singh Government declared the 27% reservation in 1990. In 1991 the Narasimha Rao Government gave preference to the poorer sections among OBCs and added a 10% reservation for other economically backward sections.

In the Indra Sawhney case (1992), also called the Mandal case, the Supreme Court rejected the additional 10% but upheld the 27% OBC reservation with conditions: exclusion of the creamy layer; no reservation in promotions; a 50% ceiling on total reservation except in extraordinary situations; validity of the carry forward rule within the 50% rule; and a permanent statutory body to examine complaints about the OBC list.

The Government responded in several ways. The Ram Nandan Committee identified the creamy layer (1993). The National Commission for Backward Classes was set up in 1993, and the 102nd Amendment Act (2018) gave it constitutional status through Article 338-B. The 77th Amendment (1995) restored reservation in promotion, the 81st (2000) ended the 50% ceiling for backlog vacancies, and the 82nd (2000) allowed relaxation in qualifying marks. The 76th Amendment (1994) placed the Tamil Nadu Reservations Act, which provided 69% reservation, in the Ninth Schedule.

Article 17: Abolition of Untouchability

Article 17 abolishes untouchability and forbids its practice in any form. Enforcing any disability arising out of untouchability is an offence punishable in accordance with law. In 1976 the Untouchability (Offences) Act, 1955 was comprehensively amended and renamed the Protection of Civil Rights Act, 1955. The term untouchability is not defined in the Constitution or the Act; the Mysore High Court said it refers to the practice as it had developed historically, the social disabilities imposed on certain classes by reason of birth in certain castes. In People’s Union for Democratic Rights (1982) the Supreme Court held that the right under Article 17 is available against private individuals and that the State must act to ensure it is not violated.

Article 18: Abolition of Titles

Article 18 abolishes titles and makes four provisions. The State cannot confer any title, except a military or academic distinction, on anybody. A citizen of India cannot accept a title from a foreign state. A foreigner holding an office of profit or trust under the State cannot accept a title from a foreign state without the President’s consent. No person holding such an office can accept a present, emolument or office from a foreign state without the President’s consent. Hereditary titles such as Maharaja, Rai Bahadur and Dewan Bahadur are therefore banned. In the Balaji Raghavan case (1995) the Supreme Court held that the Bharat Ratna and Padma awards are not titles, as only hereditary titles of nobility are prohibited, but they should not be used as suffixes or prefixes to names.

Why Is This Topic Important?

• Most tested right Articles 14 to 16 produce a large share of Prelims and Mains questions
• Reservation law Amendments and the Indra Sawhney directions are asked repeatedly
• Rule of Law Article 14 links to the basic structure doctrine

What Came Next?

The next topic covers the Right to Freedom under Articles 19 to 22.

Key People and Terms

• Reasonable classification Treating different groups differently on an intelligible differential
• Creamy layer Advanced sections among OBCs excluded from reservation
• Consequential seniority Seniority gained by promotion under reservation
• Indra Sawhney The Mandal case of 1992
• Untouchability The historical practice of social disabilities by birth in certain castes
• Hereditary titles Titles of nobility like Rai Bahadur, banned by Article 18

Exam Corner

Mains Angle

Questions on equality usually ask about reservation and classification. Use these points to add depth.

• Reasonable classification Article 14 permits differential treatment only on an intelligible differential
• Reservation framework Articles 15(4), 15(5), 15(6), 16(4), 16(4A) and 16(6) together support affirmative action
• Indra Sawhney The 50% ceiling, creamy layer and no reservation in promotion, partly modified by later amendments
• Rule of Law Held to be a basic feature of the Constitution