Question

How does the Constitution provide for equality for all citizens?

Answer 1

Article 15 secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, or place of birth or any of them.

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

Explanation:

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