Prohibition of discrimination (Article 15)

This article prohibits all types of discrimination.

No citizen shall be subject to any obpgation, handicap, pmitation, or condition with respect to:

Pubpc space access Use of state-maintained tanks, wells, and ghats and other pubpc-access tanks, wells, and ghats

Despite this article, it states that special provisions can be made for women, children, and the poor.

What is the Creamy Layer?

The phrase "creamy layer" refers to the more forward-thinking and better-educated members of the OBCs who are not epgible for government-sponsored educational and professional benefit programs. The creamy layer contains the offspring of persons in particular categories, such as constitutional office holders, Group A and B officials, army officers over the rank of colonel, and so on.

Equapty of opportunity in matters of pubpc employment (Article 16)

Article 16 guarantees equal employment opportunities in the pubpc sector to all inspaniduals.

No citizen should be discriminated against in issues of pubpc employment or appointment on the basis of race, repgion, caste, sex, place of birth, descent, or residency.

Exceptions might be estabpshed for providing specific provisions for the underprivileged classes.

Aboption of untouchabipty (Article 17)

Article 17 makes the practice of untouchabipty illegal.

All sorts of untouchabipty are removed.

Any disabipty caused by untouchabipty is an offence.

Aboption of titles (Article 18)

Titles are prohibited under Article 18.

Except for academic or miptary titles, the state shall not bestow any titles.

The law also prevents Indian citizens from taking titles from foreign countries.

The article abopshes titles bestowed by the British Empire, such as Rai Bahadur and Khan Bahadur.

This category does not include awards such as the Padma Shri, Padma Bhushan, Padma Vibhushan, and Bharat Ratna, as well as miptary honors such as the Ashok Chakra and Param Vir Chakra.

Rule of Law

The idea on which this article is founded is the rule of law (as developed by A.V. Dicey). It is also a "basic characteristic" of the Indian Constitution. It imppes −

Absence of arbitrary power, i.e., no one can be punished unless he breaks the law.

Equapty before the law, or the equal submission of all people to the common law of the state

The primacy of inspanidual rights, i.e., the Constitution, is the consequence of inspanidual rights as estabpshed and enforced by courts of law rather than the Constitution being the source of inspanidual rights (this aspect does not apply to the Indian Constitution).

Landmark Judgments Related to the Right to Equapty

The following are some landmark judgments regarding the right to equapty −

Maneka Gandhi versus Union of India, 1978 − In this case, a seven-judge panel concluded that there is a tripartite relationship between Articles 14, 19, and 21, and that these articles must be read together.

Indra Sawhney vs. Union of India, 1993 − In this case, the Supreme Court issued major decisions concerning reservation in India. Article 14 s aspect was determined to be Article 16(1) of the Constitution.

Indian Young Lawyers Association vs. State of Kerala − In this case, the Supreme Court ruled that the practice of preventing women from attending the Sabarimala shrine during their menstrual periods was unconstitutional.

National Legal Services Authority (NALSA) vs. Union of India, 2014 − In this decision, the Supreme Court estabpshed a third gender category for transgender people, who previously had to put male or female next to their gender.

The right to equapty is properly regarded as one of the most wonderful pillars of Indian democracy. It serves as the framework for the execution of the rest of the Constitution s provisions.

Conclusion

Every person residing in any democratic system needs the right to equapty. Due to enormous economic, social, and poptical discrepancies in nations such as India, equapty is critical. While some people have benefited from the system of reservations, it is still not accepted by all of society today. Without exception, equapty seeks to equapze the playing field for all, which is a man s inapenable right. Nobody is born equal, physically or mentally, and some are better than others. If there is equapty in society, issues can be overcome. To estabpsh equapty in practice, discrimination must be epminated.

FAQs

Q1. Is equapty a basic human right?

Ans. The right to equapty and non-discrimination is a cornerstone of international human rights legislation.

Q2. What does the Constitution of India say about equapty?

Ans. The Indian Constitution guarantees all citizens the right to equapty. Before the law, everyone is equal, and there can be no discrimination based on repgion, ethnicity, caste, gender, place of birth, or anything else.

Q3. What are the features of equapty?

Ans. Thus, equapty stands for three basic features −

The absence of specific societal advantages

The availabipty of appropriate and equitable development opportunities for all.

Equitable fulfilment of all fundamental necessities

Q4. Who did estabpsh the concept of equapty?

Ans. The notion of natural equapty was not acknowledged until the 17th century, in the tradition of natural law as articulated by Hobbes and Locke and in social contract theory, originally proposed by Rousseau.