Right to Equality in Indian constitution. - MAINS QUESTION - DAILY CURRENT AFFAIR QUESTIONS AND ANSWERS

Monday, September 14, 2020

Right to Equality in Indian constitution.

Fundamental rights have been provided from Articles 12 to 35 in the Indian Constitution, including right  to equality. In fact, the right to equality is one of the major rights of the Constitution. It is embeded in Articles 14–16 which collectively includes the general principles of equality and non-discrimination before the law and Articles 17–18. This right collectively carry forward the philosophy of social equality. Article 14 guarantees equality before the law and at the same time provides equal protection of law to all persons within the boundaries of India. In this, the subordination of authority of law is the same for all as well as equal treatment of all in similar circumstances. In the latter the state can classify individuals for legitimate purposes provided there is a reasonable basis for it, which means that the classification is not arbitrary, classification Easy to be based on a method of differentiation among the people to be done, as well as rationalization of the purpose to be achieved by classification.

Article 15 Public recreation sites or public reports operated only by religion, race, caste, sex, place of birth, or state fund of any of them. In relation to free entry into the country, this right is enforceable against the state as well as private individuals. However, the state has not been prevented from making special provisions for citizens of socially and educationally backward classes including women and children or scheduled castes and scheduled tribes. The provision of this exception has been made because people belonging to the classes mentioned in it are considered disadvantaged and have special protection. Article 16 guarantees equality of opportunity in relation to public employment and measures of affirmative action to benefit the State against anyone only by religion, race, caste, sex, descent, place of birth or to ensure adequate representation of these. The practice of untouchability has been declared untouchability as a punishable offense under Article 17, furthering the purpose of civil rights.
The Act 1955 has been enacted by the Parliament. Article 18 Any title to any state except military or educational specialty prohibits giving and no Indian citizen can accept a title from a foreign state. Thus, Indian aristocratic titles and aristocratic titles conferred by the British have been abolished. However, Bharat Ratna awards, such as the Bharat Ratna, have been declared valid by the Supreme Court on the ground that the award is a mere ornament and cannot be used as a title by the recipient.

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