HPAS 2021 GS2 Question 2

HPAS 2021 Mains GS-2 Question 2

Discuss in detail the Right to equality given in the Indian Constitution.

Solution:

The Right to Equality (Articles 14-18) is the foundational pillar of Indian democracy. It aims to eliminate social, economic, and political privileges while ensuring that every citizen is treated with equal dignity and provided with equal opportunities for development.

1. Article 14: Equality Before Law

Article 14 guarantees that no person shall be denied equality before the law or the equal protection of laws. It strikes at arbitrariness in state action.

• Equality before Law: A negative concept implying the absence of special privileges (Rule of Law).
• Equal Protection: A positive concept requiring that “likes should be treated alike.”

2. Article 15: Prohibition of Discrimination

The State cannot discriminate against citizens on grounds only of religion, race, caste, sex, or place of birth. It ensures equal access to public places like shops, hotels, and wells.

• Exceptions: The State can make special provisions for women, children, and socially/educationally backward classes (OBC/SC/ST).

3. Article 16: Equality in Public Employment

It provides for equality of opportunity for all citizens in matters of employment under the State. It prohibits discrimination and allows for Reservations to ensure adequate representation of backward classes.

4. Articles 17 & 18: Social Equality

• Article 17 (Abolition of Untouchability): Abolishes the practice of untouchability in any form. It is an absolute right intended to remove historical social disabilities.
• Article 18 (Abolition of Titles): Prohibits the State from conferring any titles (except military or academic) to prevent the creation of artificial social hierarchies.

“Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits.” — Justice P.N. Bhagwati

Concise Model Answer (150-Word Limit)

The Right to Equality (Articles 14-18) is a core Fundamental Right that seeks to establish a just and egalitarian society. It functions through five specific mandates:

1. Article 14: Guarantees Equality Before Law and Equal Protection of Laws, ensuring the Rule of Law.
2. Article 15: Prohibits Discrimination based on religion, race, caste, sex, or place of birth, while allowing protective discrimination for vulnerable groups.
3. Article 16: Ensures Equality of Opportunity in public employment and validates reservations for backward classes.
4. Article 17: Absolute Abolition of Untouchability, striking at the root of caste-based social exclusion.
5. Article 18: Abolition of Titles to ensure that no citizen is accorded hereditary or artificial superiority.

In essence, the Right to Equality does not mean “mathematical equality” but “Substantive Equality,” where the state is empowered to take affirmative action to bring historically marginalized groups onto a level playing field.