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TOPIC 02 — Right to Equality

Topic 02 of 6 · Chapter 05 · Indian Polity

Right to Equality (Articles 14–18)

Equality before law, no discrimination, equal opportunity, abolition of untouchability and titles.

📋 In This Article

  1. Article 14 — Equality Before Law
  2. Article 15 — No Discrimination
  3. Article 16 — Equal Opportunity
  4. Article 17 — Abolition of Untouchability
  5. Article 18 — Abolition of Titles
  6. Key Points for Exam

1. Article 14 — Equality Before Law & Equal Protection of Laws

Article 14 states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

ConceptMeaningSource
Equality before LawNo person is above the law; everyone is subject to the same laws; negative conceptBritish concept (Rule of Law)
Equal Protection of LawsEqual treatment in equal circumstances; like should be treated alike; positive conceptUS Constitution (14th Amendment)
⭐ Exceptions to Article 14: President and Governors enjoy immunity from civil and criminal proceedings during their term (Article 361). Foreign sovereigns and diplomats enjoy immunity. UN officials enjoy immunity.
💡 Reasonable Classification: Article 14 does NOT prohibit classification. It prohibits arbitrary classification. Classification is valid if: (1) it is based on intelligible differentia, and (2) the differentia has a rational relation to the object of the law.

2. Article 15 — Prohibition of Discrimination

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Exceptions (Permitted Discrimination):

  • Article 15(3): State can make special provisions for women and children
  • Article 15(4): State can make special provisions for socially and educationally backward classes or SC/ST (added by 1st Amendment, 1951)
  • Article 15(5): State can make special provisions for backward classes, SC/ST in educational institutions including private unaided institutions (added by 93rd Amendment, 2005)
  • Article 15(6): State can make special provisions for Economically Weaker Sections (EWS) — 10% reservation (added by 103rd Amendment, 2019)
✅ Note: Article 15 applies only to citizens. The grounds of discrimination are exhaustive — only religion, race, caste, sex, and place of birth. “Language” is NOT a ground under Article 15.

3. Article 16 — Equal Opportunity in Public Employment

Article 16 guarantees equality of opportunity in matters of public employment.

  • No citizen shall be discriminated against in public employment on grounds of religion, race, caste, sex, descent, place of birth, or residence
  • Exception: Parliament can prescribe residence requirement for certain posts
  • Article 16(4): State can make provisions for reservation for backward classes not adequately represented in state services
  • Article 16(4A): Reservation in promotion for SC/ST (added by 77th Amendment, 1995)
  • Article 16(4B): Carry-forward of unfilled reserved vacancies (added by 81st Amendment, 2000)
  • Article 16(6): 10% reservation for EWS (added by 103rd Amendment, 2019)
⭐ Indra Sawhney Case (1992): Supreme Court upheld 27% OBC reservation but capped total reservation at 50%. Creamy layer concept introduced for OBCs. SC/ST reservation in promotion upheld.

4. Article 17 — Abolition of Untouchability

Article 17 abolishes untouchability and forbids its practice in any form. Enforcement of any disability arising out of untouchability is an offence punishable by law.

📌 Protection of Civil Rights Act, 1955: Enacted to give effect to Article 17. Prescribes punishment for practicing untouchability. Later strengthened by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
💡 Note: Article 17 is available to all persons — not just citizens. It is an absolute right — no exceptions or reasonable restrictions.

5. Article 18 — Abolition of Titles

Article 18 abolishes titles. No title shall be conferred by the State. No citizen shall accept any title from a foreign state.

  • Military and academic distinctions are not affected (e.g., General, Doctor, Professor)
  • National awards like Bharat Ratna, Padma Vibhushan etc. are NOT titles — they cannot be used as prefixes or suffixes to names (Supreme Court, 1996)

6. Key Points for Exam

🔑 Must-Remember Facts

  • Article 14 — Equality before law + Equal protection of laws (available to all persons)
  • Article 15 — No discrimination on grounds of religion, race, caste, sex, place of birth (citizens only)
  • Article 15(3) — Special provisions for women and children
  • Article 15(4) — Special provisions for backward classes, SC/ST (1st Amendment, 1951)
  • Article 15(6) — 10% reservation for EWS (103rd Amendment, 2019)
  • Article 16 — Equal opportunity in public employment (citizens only)
  • Article 16(4) — Reservation for backward classes
  • Indra Sawhney case (1992) — Total reservation capped at 50%
  • Article 17 — Abolition of untouchability (absolute right, no exceptions)
  • Article 18 — Abolition of titles
  • Bharat Ratna etc. are NOT titles — cannot be used as prefix/suffix
  • Article 14 available to all persons; Articles 15, 16 available to citizens only
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