Which precisions in the constitution recognises equality
Answers
How did the Constitution of India give us equality?
Indian constitution regards every citizen equal. It is first enshrined in the preamble, which says, “Equality of status and opportunity”.
The provision of part 3rd of Indian constitution which enumerates the fundamental rights further gives justifiable character to Right to equality. Part 3 of constitution gives 6 fundamental rights to every citizen of India, in which the first is Right to equality.
Article 14 of the Constitution provides- “The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Equality before law means the no person shall be given any privilege before law by reason of birth, caste, creed, class etc. It means that no person is above law and every person whatever his rank or status is subject to ordinary law of the land.
Equal protection of the laws would mean “that among equals, the law should be equal and equally administered, that likes should be treated alike…” In other words that legislature can classify a different class on certain basis and treat them differently like exemption of taxation or realisation of specific taxes.
Article 15- “The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.”
There are five clause in article 15. It defines state will not favour any person over other on these certain basis. Bur this article do not hider the legislature to make special provision for scheduled class, schedule tribes, and women. This is called 'protective discrimination’.
Article 16- Equality of opportunity in the matters of public employment.
This further classsify that every citizen will be given equal opportunity of employment and appointment to any office under the state. There shall be no discrimination on the grounds of only religion, race, caste, sex decent, place of birth or any of them for any office of government. But legislature is entitled to make provision regarding reservation of Scheduled caste or Scheduled Tribe and other backward classes to encourage the backward section of society in the management of sate affairs.
Article 17 - “ 'Untouchability' is abolished and it's practice in any form is forbidden. The enforcement of any disability arising out of 'untouchability' shall be an offence punishable in accordance with law.”
It means that every person shall have the access to well, temples, or any public property, and everyone is condemned to insult a member of schedule caste, or preach untouchability or justify it on historical or philosophical basis.
Article 18 - Abolition of titles.
It prohibits the state from from conferring titles except military and acedamic distinction. It also prohibits Indian citizen to receiving titles from foreign state except if the person has taken prior permission from President of India.