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Right To Equality

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 05-Sep-2024

  • The Right to Equality, enshrined as a fundamental right in the Indian Constitution.
  • It plays a crucial role in building a just and equitable society. 
  • Right to Equality deals with the following Articles

Article 14: Equality before law and equal protection of laws.

Exceptions

  • As per article 361, the President of India or Governor of states is not answerable to any court for the exercise of their powers/duties and no civil or criminal proceedings can occur or continue against them in any court during their term of office.
  • As per article 361-A, no civil or court proceedings can occur for a person for publishing any substantially true report of either House of the Parliament and State Legislature.
  • No Member of Parliament (article 105) and State Legislature (article 194) shall be liable to any court proceedings in respect of anything said or any vote given by him in Parliament or any committee.
  • The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Exceptions

  • Certain provisions can be made for the women, children, citizens from any socially or educationally backward class for their upliftment (such as reservation and access to free education).

Article 16: Equality of opportunity in matters of public employment.

Exceptions:

  • There are provisions for reservation in appointments or posts for any backward class that is not adequately represented in the state services.
  • Also, an incumbent of a religious or denominational institution may belong to the particular religion or denomination.

Article 17: It abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

Article 18

  • This article abolishes titles and makes four provisions in that regard
    • It prohibits the state from conferring any title on any citizen or a foreigner (except a military or academic distinction).
    • It prohibits a citizen of India from accepting any title from any foreign state.
    • A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the President of India.
    • No citizen or foreigner holding any office of profit or trust within the territory of India can accept any present, emolument or office from or under any foreign State without the consent of the president.