Right to Equality is an important fundamental right enshrined in the part 3 of the Indian Constitution. This is the founding principle of the other fundamental rights. The fundamental rights are provided to keep a check on the powers of executive as well as legislature. As per these rights all the person are equal and persons will be treated equally in similar circumstances. Article 14-18 covers the Right to Equality in the Indian Constitution.
The first and foremost one provided for by Article 14 is the right to equality before and equal protection of the laws. The right to equality as a concept has evolved from the Dicey's concept of the Rule of Law. Here the law of the land is the supreme authority. The law applies equally to all the citizens; however the legislature can enact law to treat certain category of individual differently. The likes should be treated alike in the similar circumstances. However the law does permit classification on basis of rational reason. This right is also conferred to the foreign citizens in India. Article 15 prohibits any discrimination by the government on basis of religion, caste, race, sex and place of birth. It fosters social equality and equal access to public places. Next article specifically deals with equality of opportunity in matters of public employment. However the government can make special provisions for the disadvantaged groups like women, children, SC's and ST's. The remaining two rights guaranteed in this category are the abolition of untouchability and the abolition of titles.
The concept of equality encompasses social and economic justice in a political democracy. The rights have been aimed at overturning the pre-independent evil social practices like untouchability, caste system. It abolishes the titles conferred on individuals on basis of caste, which had resulted in social evil like zamindari system, begar. They also emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. It also includes special treatment for the disadvantaged group for their social upliftment, to bring them at par with the general population.
The first and foremost one provided for by Article 14 is the right to equality before and equal protection of the laws. The right to equality as a concept has evolved from the Dicey's concept of the Rule of Law. Here the law of the land is the supreme authority. The law applies equally to all the citizens; however the legislature can enact law to treat certain category of individual differently. The likes should be treated alike in the similar circumstances. However the law does permit classification on basis of rational reason. This right is also conferred to the foreign citizens in India. Article 15 prohibits any discrimination by the government on basis of religion, caste, race, sex and place of birth. It fosters social equality and equal access to public places. Next article specifically deals with equality of opportunity in matters of public employment. However the government can make special provisions for the disadvantaged groups like women, children, SC's and ST's. The remaining two rights guaranteed in this category are the abolition of untouchability and the abolition of titles.
The concept of equality encompasses social and economic justice in a political democracy. The rights have been aimed at overturning the pre-independent evil social practices like untouchability, caste system. It abolishes the titles conferred on individuals on basis of caste, which had resulted in social evil like zamindari system, begar. They also emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. It also includes special treatment for the disadvantaged group for their social upliftment, to bring them at par with the general population.
VERY GOOD ESSAY
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