Question

justify the statement explaining the challenging the constitution makers of India

Answer 1

Right to Equality is the first fundamental right assured to the people of India.Article 14-18 of the Constitution guarantees this right to every citizen of India. Equality is one of the magnificent corner-stones of the Indian democracy. “In other constitutions generally this right embodied in Article 14. As such this right was considered to be a negative right of an individual not to be discriminated in access to public offices or places or in public matters generally. It did not take account of the existing inequalities arising even from public policies and exercise of public powers. The makers of Indian Constitution were not satisfied with such type of undertaking. They knew of the widespread social and economic inequalities in the country sanctioned for thousands of years by public policies and exercise of public power supported by religion and other social norms and practices.”[1]

They were of the opinion that only Article 14 would not be sufficient enough to deal with these inequalities so they introduced Articles 15-18 in the Constitution along with Article 14 which deals specifically in and expressly abolished and prohibited some of the existing inequalities. “Thus, the right to equality in the Constitution of India is not merely a negative right not to be discriminated against but also a positive right to be treated as an equal. Under the later aspect of the right, which is the essence and core of the right to equality, the State is under the obligation to take necessary steps so that every individual is given equal respect and concern which he is entitled to as a human being.”[2]

Article 14 embodies the idea of equality expressed in the preamble. It lays down the general principles of equality before the law and prohibits unreasonable discrimination between the persons. The Succeeding Articles 15, 16, 17 and 18 lays down specific applications of the general rules laid down in Article 14. Article 14 is the equality clause because of its wide ambit and applicability. It applies to all persons while Article 15 and others cover only citizens. Article 15 relates to prohibition of discrimination on grounds of Religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in matters of public employment. Article 17 abolishes untouchability and Article 18 abolishes title.

Answer 2

Answer:

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