right to equality

Fundamental Rights-Rights of Equality [part 1]

PART 3 OF THE CONSTITUTION OF INDIA

  • framers of Indian constitution derive inspiration of fundamental rights from U.S.A constitution .they are enforceable and Justiciable. they gave persons equality, dignity of individual ,public interest and unity of the nation.
  • they promote the idea of POLITICAL DEMOCRACY  i. e. establishment of a Government of laws and not a government of men.

Indian Constitution provide six Fundamental rights:

  1. Right to equality [article 14 to 18]

  2. Right to freedom [article 19 to 22]
  3. Right against exploitation [article 23 to 24]
  4. Right to freedom of RELIGION [article 25 to 28]
  5. Rights of CULTURAL and EDUCATION [articles 29 to 30]
  6. Right to constitutional remedies.[article 32]
  • right of property from the list of Fundamental Rights  was deleted by 44th Amendment Act , 1978.now it is a legal right under Article 300-A  of the constitution.

FUNDAMENTAL RIGHTS {ARTICLE 12 TO 35]

these are available to citizens as well as foreigners from birth with certain reasonable restrictions

only article 15,16,19,29,30 are exclusively available to citizens

article 12

The first part of the fundamental rights gives us the DEFINATION OF STATE .It includes the following :

1.EXECUTIVE [union and State]

2.LEGISLATURE [Union and State]

3..JUDICIARY:it is not mentioned but time and again the following has been interpreted

Judicial functions are not under  ARTICLE 12 ,but the organ if judiciary for the purpose of PART 3 is not under the State but otherwise it is a part of the State.one can not ask questions on the judgement of the judiciary but we have right to question about their Work [judicial functions]

4.Any  local authority within territory of India like municipalities ,panchayats ,and legislative organs

SIGNIFCANCE
  • begins with the definition of State because the  state make sure that are fundamental right are provided to us and it will safeguard of fundamental rights.
  • in case ,the State violates are fundamental rights we can approach the High Court and Supreme Court directly.
  • all laws are equally applicable upon the government and as well as the private sector but as a citizen or resident of this country we feel more violated if such rights are restricted by the government sector.

article 13

any law made by legislature which is against part 3 is void in nature

Through this article constitution is giving power to the judiciary -JUDICIAL REVIEW

Reasonable restriction :Doctrine of eclipse

such a law remain valid for all claims arising out of the pre constitutional period.

ARTICLE 14

EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW.

in India opportunities will be given to all but some will be given a special privilege due to some logical reasons .if the reason is illogical then the privileges will not be given.

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The said  Article is clearly in two parts while it commands the State not to deny to any person equality before law

1.British Concept

It also commands the State not to deny the equal protection of the laws..Equality before law prohibits discrimination. It is a negative concept  

2.American 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 American Concept.
Reasonable restriction : Equals are treated equally and unequals are treated unequally. The distinction
between equals and unequals should have a direct nexus to the reason behind such a classification.

ARTICLE 15

(1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.

creed =people of common faith.

religion =faith recognize by law

race =on the basis of origin

caste : on the basis of occupation

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly
out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State 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].

the following are considered weaker section in India:

1.Scheduled Caste=historically disadvantage

2.Schedule Tribe =socially disadvantage[ women and children]

3. OBC =socially and educationally backward.

(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

(6) Special provisions may be made for Economically Weaker Sections (added by 103rd AA, 2019)

1. Added by the Constitution (First Amendment) Act, 1951

2. Inserted vide Constitution Ninety Third Amendment Act, 2005

article 16

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State,
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office1 [under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

[(4A) Nothing in this article shall prevent the State from making any provision for reservation3 [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favor of Scheduled Castes and the Scheduled Tribes which in the opinion of State are not adequately represented in the services under the State.]

[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a
year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause

(4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per
cent, reservation on total number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

(6) Special provisions may be made for Economically Weaker Sections

ARTICLE 17

Abolition of Untouchability Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law

The Untouchability (offences) Act, 1955

(amended in 1976 and renamed as Protection of the Civil Rights Act)
The offences covered under the Act are ones like preventing a person from entering a temple/place of worship or any other public place; preventing a person from drawing water from sacred water bodies, wells, etc.; preventing a person from using a ‘dharmashala’, restaurant, shop, hotel, hospital, public conveyance, educational institution, and any place of public entertainment.
It also covers the denial of the usage of roads, rivers, river banks, cremation grounds, wells, etc.
Other offences included are enforcing professional, trade or occupational disabilities, preventing a person from benefiting out of a charity, refusing any person from carrying out an occupation, refusing to sell goods/services to a person, injuring, molesting, excommunicating, boycotting or annoying a person on the basis of untouchability.

ARTICLE 18

Abolition of titles No title, not being a military or academic distinction, shall be conferred by the State No citizen of India shall accept any title from any foreign State No person who is not a citizen of India shall, while he holds any office of profit or trust under
the State, accept without the consent of the President any title from any foreign State No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State Right to Freedom

 

 

 

Leave a Comment

Your email address will not be published. Required fields are marked *