Article 14 to 18 is defined equality of our country's citizens and race, caste,
sex, religion, place of birth. Our Indian Constitution is liberal. And each and
everything persons has equal right to speech, work, live & any other and
equality of opportunity in matters of employment under the state. The right is
available to citizens only. In Indian Constitution Untouchability is abolished
and it's practice in any form is forbidden. The enforcement of disabilities
arising out of Untouchability Shall be an offences punishable in accordance with
law.
Article 14 says that the State shall not deny to any person equality before the
law or equal protection of the laws within the territory of India.
Now the discussion of the Article can conveniently be divided in four parts:
Article 15 says that the state shall not any discriminate against any citizen on
ground only of religio, race, caste, sex, place of birth or any of them.
According to Oxford dictionary, the word 'discrimination' used in Article 15
means to distinguish unfavorably and preference are twin and inseparable. There
cannot be discrimination in favour of someone else. The validity of an act under
Article 15 is not to be judged on the basis of the motive behind or object of
the act but by method of its operation and effect on fundamental right.
If the effect of the operation of an act is to discriminate again citizens on
any ground mentioned in the article the act is unconstitutional.
Article 16 guarantee equality of opportunity in matters of employment under the
state. The right is available to citizens only.
In matters of employment also, it is impossible to treat all persons alike.
Equality only means equal treatment to equals. A reasonable classification is
not prohibited by Article 16.
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 treatment gives to
schedule caste in India by higher caste Hindus can be comparable to that given
to Negroes by white people in America at least upto the middle of the twentieth
century, though in the eyes of law schedule castes in India enjoyed slightly
better status than Negroes of the United States of America. Gandhi ji and other
freedom fighters had realised that equal treatment yo these castes was not only
necessary for winning freedom for the nation but also for peace and progress of
the country after independence.
Meaning of Untouchability
Untouchability In a wider sense would include persons whom are treated as
untouchables temporarily or otherwise for various reasons, such as suffering
from as are associated with brith or death or social boycott resulting from
caste or other duspute or women of other families under some moral precepts.
While Article 17 was being considered by the constituents assembly, Nasiruddin
Ahmed and K. T. Shah pointed out that in the absence of a precise definition,
lawyer might make capital out of such an article and an amendment was moved by
Mr. Nasiruddin Ahmed but it could not be carried out.
In Devarajiah v. Padmanna Mysore high court held that the subject- matter
of article 17 is not Untouchability In its liberal or grammatical
sense but the practice as it developed historically India. The court emphasizes
that the untouchability In Article 17 was placed in inverted commas.
Article 18 Abolition of titles No title, not being a military or academic
distinction, shall be conferred by the State No citizen of India shall accept
any title from any foreign State No person who is not a citizen of India shall,
while he holds any office of profit or trust under the State, accept without the
consent of the President any title from any foreign State No person holding any
office of profit or trust under the State shall, without the consent of the
President, accept any present, emolument, or office of any kind from or under
any foreign State Right to Freedom.
Abolition of title
Case-1. Yet again in a recent decision in State of Haryana v.
Charanjit Singh a Bench of three learned Judges, while affirming the view
taken by this Court in State of Haryana v. Jasmer Singh, Tilak Raj, Orissa
University of Agriculture & Technology v. Manoj K. Mohanty and Govt. of W.B. v.
Tarun K. Roy has reiterated that the doctrine of equal pay for equal work is
not an abstract doctrine and is capable of being enforced in a court of law.
Inter alia, observing that equal pay must be for equal work of equal value and
that the principle of equal pay for equal work has no mathematical application
in every case, it has been held that Article 14 permits reasonable
classification based on qualities or characteristics of persons recruited and
grouped together, as against those who are left out.
Of course, the qualities or characteristics must have a reasonable relation to
the object sought to be achieved. Enumerating a number of factors which may not
warrant application of the principle of equal pay for equal work, it has been
held that since the said principle requires consideration of various dimensions
of a given job, normally the applicability of this principle must be left to be
evaluated and determined by an expert body and the court should not interfere
till it is satisfied that the necessary material on the basis whereof the claim
is made is available on record with necessary proof and that there is equal work
of equal quality and all other relevant factors are fulfilled.(1).
Case-2.
R.Appunatesan Vs. the Chief Secretary and ors.
Court: Chennai
Decided on : Nov-30-2011
... cannot be entertained. 14. in balaji raghavan vs. union of India {1996 (1)
scc 361}, a constitution bench of the supreme court considered the question as
to whether the national awards such as Bharat Ratna, Padma Vibhushan, Padma
Bhushan And Padma Sri are titles within the meaning of article 18(1) of the
constitution. while holding that what was sought to be put an end ..... to, by
article 18(1) of the constitution was only the conferment of titles of nobility
and that the constitution did not intend to prohibit the state from recognizing
merit or work of extraordinary nature.... decision did not deal with the
question as to whether the decision taken by the selection committee to confer
the award, is justifiable or not. the anguish expressed by the constitution
bench of the supreme court in the above decision shows that the court may not be
averse to the idea of at least examining in appropriate cases, as to whether
..... to feelings of respect rather than suspicion, need to be examined by a
high level committee that may be appointed by the prime minister in consultation
with the president of India. even otherwise it is time that such a committee
looks into the working of the existing guidelines in view of the experience
gained. we say no more as we have .(2).
Special provision for women and Children and SC,ST & backward classes:
Article 14 of Indian constitution law says that all are equal in the eye of law.
No one can prevent the state from making any special provisions for women and
children. For a examples, special seating arrangement for women in buses,
trains, metros trains is not unconstitutional. It was held by court that
reservation of some seats for women in college.
According to section 497 of Indian penal code, adultery is consider as offence
when it committed by men , not consider offence if committed by women thus women
cannot be Prosecuted for abetters. It is clear that it makes special provision
for women and which is valid Under constitution law article 15(3). Section 437
of cr.p.c., 1973 restricts the release of an accused person a capital offence on
Bail except women, children under age of 16 years or ill or infirm persons. in
Choki v. State of Rajasthan, the court has held that it valid on the grounds
make special Provision for women and therefore, it is protected under article.
Article 15(4) has been inserted by the constitution ( first amendment ) Act,
1951. This amendment has been changed in the supreme court case state of
Madras v. Champakam Dorairajan.
In this case, the reservation of seats for the admission to state medical and
engineering colleges was made on the ground of caste and religion. The court
said that it unconstitutional on the ground that it was based on communal
matter. Article 15(4) was interested in the Indian constitution law after the
amendment. the aim to empower the government to make special provisions for the
betterment of educationally and socially backward classes of citizen of India
and for the Scheduled tribes and scheduled castes.
State has made many special provision for the weaker sections such as ST, SC and
educationally and socially backward classes of citizens of India., Meaning of
Scheduled Caste means such castes, race, or tribes or parts of or groups
within Such castes, races or tribes as are deemed under article 341 to be
scheduled castes for the purposes of this constitution. article 341(1) provide
additional protection to the members of the scheduled castes having regard to
the social, economical, educational, backwardness from which they suffer because
of their caste.(3).
Written By: Uma
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