There are 6 fundamental rights given under the Indian constitution.
The right to equality guaranteed
under 5 articles (14-18), is quite comprehensive dealing with 5 different
aspects.
1. Right to equality before law
OR the Equal protecting laws (article 14): Article 14 of the constitution says
"the state shall not deny to any person equality before the law, or the
equal protection of the laws within the territory of India
Exceptions: (i) the president and the
governors of states are not answerable to any court.
(ii) No criminal proceedings can take place against the president or the governor of a state in any court during his term of office.
(ii) No criminal proceedings can take place against the president or the governor of a state in any court during his term of office.
2. Prohibition of discrimination on grounds of religion, race, caste,
sex and place of birth
Exceptions: (i) women & children, schedule caste and scheduled tribe have been given certain privileges. Women, children and adhivasis are exceptional classes of people, who demand special protection, hence no legislation making special provisions in their favor, shall be unconstitutional.
Exceptions: (i) women & children, schedule caste and scheduled tribe have been given certain privileges. Women, children and adhivasis are exceptional classes of people, who demand special protection, hence no legislation making special provisions in their favor, shall be unconstitutional.
3. Equality of opportunity in
matters of public employment (article 16): Article 16 has the following 2
aspects.
(i) There shall be equality of opportunities for
all citizens in matters related to employment or appointment to any office under
the state.
(ii) No citizen on the grounds of
religion, race, caste, sex, place of birth, or residence can be discriminated
for employment.
Exception: The following are the
exceptions to article 16:
(i) Residents
in a state for public employment. Parliament or constituents has prescribed
residents within the state as a qualified to get employment.
(ii)Reservation
of some posts for backward classes. There are certain jobs reserved for backward
classes, scheduled cast and scheduled tribes.
4. Abolition of Untouchabality
(Article 17): Article 17 abolishes untouchablilty; it practices in any form,
made offence punished in accordance with the law.
NO EXCEPTION TO ARTICLE 17
5. Abolition of Titles (article
18): Art. 18 prohibits the state from giving any title at all upon any person.
Exception: (i) Military can give
military awards or military titles, such as “Paramvidrchakra”, “Ashok Chakra”
(ii)
Government can give civilian awards ot titles such as “Padmashree”, “Padmabushan”,
“Padmavubushan” and “Bharat Ratna”
