The right to equality guarantees equality before the law to each citizen irrespective of caste, creed, and gender. The Right to equality provides for equality of opportunity for all citizens in matters relating to employment in an office under the central or state government.
Fundamental Rights
The independence of many Asian and African nations did not result in the establishment of democracy and liberal institutions in all countries. The United Nations adopted the Universal Declaration of Human Rights on 10th December 1948 which stressed providing basic rights to humans. The Constitution of India incorporated the basic human rights from the French Revolution and the American Constitution. Fundamental rights are included in the Constitution of India in Part III, Articles 12−35.
Right to Equality (Articles 14–18)
- Article 14 guarantees equality before law to each citizen irrespective of caste, creed and gender.
- Article 15 prohibits discrimination on social or economic grounds. For example, admission to educational institutions cannot be denied to anyone on the basis of caste, creed and gender.
- Article 16 provides for equality of opportunity for all citizens in matters relating to employment in an office under the central or state government.
- Article 17 abolishes untouchability.
- Article 18 abolishes titles such as Rai Sahab and Maharaja. However, civilian and military honours can be awarded to the citizens.
- Also Read Salient Features of the Constitution
Limitations on the Fundamental Rights
Fundamental rights are not absolute keeping in mind the general welfare of the people. These are
- Fundamental rights could be suspended during emergency. The rights of citizens are restored as soon as emergency is over.
- The Parliament has the power to modify the application of fundamental rights to the members of the armed forces, police forces or intelligence organisations so that they are able to ensure proper discharge of their duties and maintain discipline among them.
- Laws such as Defence of India Act and National Security Act curtail the use of the fundamental rights to safeguard the interests of the nation.
- Fundamental rights can be suspended when emergency is declared by the President under Article 352. During emergency, the legislature can frame any laws. Citizens have no protection against the executive or legislative authorities.
- Also Read Fundamental Duties