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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 Statefrom 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
under-represented community other than a backward class or under-
represented State in an all-India service such a rule will contravene
Article 16(2). A similar rule giving preference to an under-represented
backward community is valid and will not contravene Articles 14, 16(1)
and 16(2). Article 16(4) removes any doubt in this respect.
Mathew, J
78. I agree that Article 16(4) is capable of being interpreted as an
exception to Article 16(1) if the equality of opportunity visualized in
Article 16(1) is a sterile one, geared to the concept of numerical equality
which takes no account of the social, economic, educational background
of the members of Scheduled Castes and scheduled tribes. If equality of
opportunity guaranteed under Article 16(1) means effective material
equality, then Article 16(4) is not an exception to Article 16(1). It is only
an emphatic way of putting the extent to which equality of opportunity
could be carried viz., even up to the point of making reservation.