Question 1: What are the various Acts pertaining to various kinds of

Equality? Explain the Acts.

The Indian constitution makes multiple provisions to ensure equality in the country.
Part III of the Indian Constitution (Article 14 to Article 35) deals with the Fundamental
Rights. Fundamental rights are basic inherent human rights.  The Constitution of India
guarantees the Right to Equality through Article 14 to Article 18.

1) Equality before law:

Article 14 of the Indian Constitution reads as follows  "The State shall not deny to any
person equality before the law or the equal protection of the laws within the territory
of India".

Article 14 Involved two concepts, Equality before law and Equal Protection of Law. 

 First principle equality before law, means all persons are equal before law. Nobody is
above law and nobody is below law. Dicey's rule is applicable in India. No rank, status,
positions and condition shall be considered. All will be treated equally.  But this is not
absolute rule and there are certain exceptions, such as President, Governors, Diplomats,
Judges and Public officials etc. They enjoy certain protection and privileges

The second Concept is Equal protection of Law - Equal Protection of law is positive in
content; which means like shall be treated alike or equal law for equal person.

2) Prohibition of discrimination on the basis of religion, race , caste, sex,

place of birth

Article 15(1) of the Indian Constitution states that “The State shall not any discriminate
against any citizen on ground only of religion, race, caste, sex, place of birth or any of
them.” The second part of the same article states that No citizen shall, on grounds only of
race, religion, caste, place of birth, sex or any of them, be subject to any liability, disability,
restriction or condition with respect to:

o Access to public places.

o Use of tanks, wells, ghats, etc. that are maintained by the State or that are
meant for the general public.

The article also mentions that special provision can be made for women, children and the
backward classes notwithstanding this article. Further, it also allows the State to extend
special provisions for socially and economically backward classes for their advancement. It
applies to the Scheduled Castes (SC) and Scheduled Tribes (ST) as well.
 3) Equality of Opportunity in Public Appointments:

Article 16 (1) states that “There shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any office under the State.”

It also states that “No citizen shall, on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated against in
respect of, any employment or office under the State.”

Article 16 assures equality of opportunity in matters of public employment and prevents

the State from any sort of discrimination on the grounds of religion, race, caste, sex,
descent, place of birth, residence or any of them. This Article also provides the autonomy
to the State to grant special provisions for the backward classes, under-represented States,
SC & ST for posts under the State. Local candidates may also be given preference is
certain posts. Reservation of posts for people of a certain religion or denomination in a
religious or denominational institution will not be deemed illegal.

Article 16(4) of the Indian constitution provides for the reservation of services under the
State in favour of the backward class of citizens. The State shall decide whether a
particular class of citizens is backward or not. Therefore, the State shall lay down
acceptable criteria in order to ascertain whether a particular class of citizens is a backward
class or not.

4) Abolition of Untouchability

Article 17 of the Indian Constitution states that "Untouchability" is abolished and its
practice in any form is forbidden. The enforcement of any disability arising out of
"Untouchability" shall be an offence punishable in accordance with law.”

Article 17 deals with a peculiar problem of our country. Howsoever praiseworthy the caste
system in its origin might have been, it certainly proved to be a disgrace to humanity, a
threat to unity and a serious hindrance to social, educational and economic progress of our
country. The makers of our constitution had realised that equal treatment for these castes
was not only necessary for winning freedom for the nation but also for peace and progress
of the country after independence.

5) Abolition of titles
 Article 18(1) of the Indian Constitution states that “ No title, not being a military or
academic distinction, shall be conferred by the State.” The second part of the same
article states that “No citizen of India shall accept any title from any foreign State.”

Article 18 of the Indian Constitution abolishes titles. The State shall not confer any titles
except those which are academic or military titles. The article also prohibits citizens of
India from accepting any titles from a foreign State. The article abolishes the titles that
were awarded by the British such as Rai Bahadur, Khan Bahadur, etc. Awards like Padma
Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok
Chakra, Param Vir Chakra do not belong to this category.

Question 2: Pen down the difference in Article 14, 15, and 16.

While all 3 of the abovementioned articles play a role in maintaining equality in the state,
their scope and effect varies .

On a comparative basis, Article 16 deals with a very limited subject, viz., public employment.
On the other hand, the scope of Article 15 (1) is much wider as it covers the entire range of
state activities.

The ambit of Article 16 (2) is restrictive in scope than that of Article 15 (1) because Article
16(2) is confined to employment or office under the state, meaning services under the Central
and State Governments and their instrumentalities. However, Article 15 being more general
in nature covers many varied situations of discrimination.

Further, the prohibited grounds of discrimination under Article 16 (2) are somewhat wider
than those under Article 15 (2) because Article 16 (2) prohibits discrimination on the
additional grounds of descent and residence apart from religion, race, caste, sex and place of
birth.

Article 17 on the other hand, deals with the archaic practice of untouchability. While it is also
an act that ensures equality, it deals with and abolished the practice of untouchability in
particular.

Untouchability has been abolished by the Indian Constitution through Article 17. The Article
states that the practice of untouchability is prohibited in all forms. This Act states that
whatever is open to the general public should be open to all the citizens of India.

Question 3: The age-old caste system of India is responsible for the

origination of the reservation system in the country. Tabulate three points
on the advantage and disadvantage of reservation system prevailing in the
country.
 ADVANATGES DISADVANTAGES

1) Reservation allows the backward classes a 1) Most of the times, only economically
chance of improving their lives and status in sound people from the so-called lower castes
society and getting meaningful employment. will make use of most of the reserved seats,
thus counteracting the spirit of reservations.

2) Reservation provides a level playing field2) Reservation is obviously a tool to address

as it is difficult for the backward sections who
social and educational backwardness,
were historically deprived of education, skills
however, it does not have solutions for all
and economic mobility to suddenly start social and economic ailments. There are
competing with those who had access to those much better and innovative ways to solve
means for centuries. those issues. However, reservation prevents
the leadership to come up with viable
solutions.
3)  Backward classes also get representation 3) The reservation policy is creating huge
in various aspects of society and decision unrest in the society. Providing quotas on the
making, something that has been denied to basis of caste and not on the basis of merit
them for a long time. will deter the determination of many
educated and deserving students of India.