Question

give a few instances where right to equality has been implemented. give me the answer i will mark he/she the brainliest answer only if it is correct it is civics

Answer 1

Explanation:

These are the places where right to equality is given:

During the election time.

In today's school .

Government Hospitals.

Government school.

Answer 2

Answer:

1. EQUALITY RIGHTS (ARTICLES 14 – 18)

1.1 Article 14 of the Constitution of India reads as under:

“The State shall not deny to any person equality before the law or the equal

protection of the laws within the territory of India.”

1.2 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 secures the citizens from every sort of discrimination by the State, on the

grounds of religion, race, caste, sex or place of birth or any of them. 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 assures equality of opportunity in matters of public employment and

prevents the State from any sort of discrimination on the grounds of religion,

race, caste, sex, descent, place of birth, residence or any of them. 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.

1.3 Articles 14, 15 and 16 form part of a scheme of the Constitutional Right to

Equality. Article 15 and 16 are incidents of guarantees of Equality, and give effect

to Article 14. However, initially, Articles 15(4) and 16(4) were considered

exceptions to Articles 15(1) and 16(1).

1.4 The Hon’ble Supreme Court, in G.M. Southern Railways v. Rangachari, AIR

1962 SC 36 held Article 15(4) of the Constitution of India to be an exception to

Article 15(1). The relevant portion is reproduced hereunder:

“Article 15(4) which provides, inter alia, for an exception to the

prohibition of discrimination on grounds specified in Article 15(1) lays

down that nothing contained in the said Article shall prevent the State  

2

from making any special provision for the advancement of any socially

and educationally backward classes of citizens or for the Scheduled

Castes and the Scheduled Tribes”

1.5 It was further held that Article 16(4) is an exception to Article 16(1):

“I have already said that it is implicit in the Article that reservation

cannot be of all appointments or even of a majority of them, for that

would completely destroy the fundamental right enshrined in Article

16(1) to which Article 16(4) is in the nature of a proviso or an exception or

at any rate make it practically illusory.”

1.6 In M.R. Balaji v. State of Mysore, AIR 1963 SC 649, this view was followed, and

it was held that:

“Thus, there is no doubt that Article 15(4) has to be read as a proviso or

an exception to Articles 15(1) and 29(2).”

1.7 This view, that Articles 15(4) and 16(4) were exceptions to Articles 15(1)