Right to equality

Polity & Governance glossary

Also called: Articles 14-18 · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 7, Ch 10 "The Constitution of India: An Introduction"; Class 9, Ch 6 "Democracy"; Class 11, Ch 2 "Rights in the Indian Constitution"

Meaning

The right to equality is the first group of fundamental rights in Part III, covering Articles 14 to 18. It aims at "equality of dignity and status", which the Preamble also promises. The group has five parts:

  • equality before law and equal protection of laws (Art. 14)
  • no discrimination on religion, race, caste, sex or place of birth (Art. 15)
  • equal opportunity in public jobs (Art. 16)
  • abolition of untouchability (Art. 17)
  • abolition of titles (Art. 18)

Class 11 NCERT says these rights make India "a true democracy".

Example

In the C.B. Muthamma case (1979), the Supreme Court struck down Foreign Service rules that treated women officers unfairly. The case shows Articles 14 and 16 working together.

Don't confuse with

  • Equality before law (Art. 14 only): this is just one part of the group. It covers every person, but Articles 15, 16 and 18(2) protect citizens only.
  • Formal vs substantive equality: formal equality means the same rules on paper. Substantive equality means equal results in real life. Special provisions under Articles 15 and 16 aim at substantive equality, and they are part of the right, not exceptions to it.

Related concepts

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