Equality or Equity?
In a democracy such as India, the establishment of the notion of equality is an ongoing fight among many individuals and cultures. Yet, in a country marked by deep-rooted social, economic, and caste-based hierarchies, formal equality cannot achieve real equality. The challenge, therefore, is not simply guaranteeing “equal treatment” but ensuring equitable outcomes so that historically disadvantaged groups can meaningfully enjoy the rights that the Constitution promises.
Existing Inequalities and the Struggle for Rights
We must improve laws, regulations, and social services to combat inequality in society. There have been several instances of untouchability faced in the past by people belonging to lower sections of society. So how can we implement equality in a place where so many inequalities already exist? And where most of the people are not aware of their rights and suffer the ill effects of exploitation?
- Applying equality in literal terms might increase present inequalities.
- There is a need to uplift less advantaged people and make them equal in society.
- Only then can equality be ideally implemented as intended by the constitutional drafters.
By this, we can understand that India does not follow “Absolute Equality” but the concept of “Equity” by considering various sections of the society (the underprivileged and backward situations) and has interpreted equality in a way that allows certain inequalities (in the form of reservations) to promote the very concept of equality in the long run.
Constitutional Basis for Equitable Measures
| Article | Provision / Beneficiaries |
|---|---|
| 15(4) & 15(5) | Special provisions for socially and educationally backward classes, SCs & STs |
| 16(4) | Reservation in government employment for backward classes |
| 46 | Promotion of educational & economic interests of SCs, STs, and weaker sections |
By the face of it, it may seem as inequality and sheer violation of Article 14 of the constitution however by applying various rules of interpretation and keeping in mind the ground level reality of India, the way “equality” is implemented has been changed by the competent courts for the benefit of the people belonging from socially and educationally backward classes, other backward classes, SC and ST, etc and for the ultimate development of India as a country.
The Supreme Court has clarified that Article 14 does not mandate absolute equality, but permits reasonable classification based on intelligible differentia and rational nexus (State of West Bengal v. Anwar Ali Sarkar, 1952). This interpretation allows the State to treat unequals differently to achieve substantive fairness. In other words, the Right to Equality has been implemented in a practical sense so that no one is deprived of their rights.
Responsibility of the State to Ensure Equality
It is the responsibility of the state to ensure equality for all its citizens in all aspects. However, there are various sections in society that do not have the basic resources to compete with the upper class. They have been suppressed for generations either by the Britishers or by the upper cast themselves.
Reservation Policy for Upliftment
- Provides a level playing field to disadvantaged communities.
- Ensures government and professional jobs are not limited to privileged groups.
- Enables socially and economically backward classes to explore opportunities.
To provide those people with a level playing field, the policy of reservation was adopted by the constitutional drafters for the upliftment of SC, ST, and OBC so that the government and professional jobs do not remain limited to the well-to-do people in the society, and the socially and economically backward class of people can also explore such options.
References:
- kanoongpt.in/bare-acts/constitution-of-india/articles-part-iii-right-to-equality-article-14-158cb417a5f61c97
- https://kanoongpt.in/bare-acts/constitution-of-india/articles-part-iii-right-to-equality-article-15-90247a8de59a1514
- https://kanoongpt.in/bare-acts/constitution-of-india/articles-part-iii-right-to-equality-article-16(4)bec08bc5700cfd21
- https://kanoongpt.in/bare-acts/constitution-of-india/articles-part-iv-article-46-66388fa0068dfe3e
- State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75
- State of Kerala v. N.M. Thomas, (1976) 2 SCC 310
- Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217
- M. Nagaraj v. Union of India, (2006) 8 SCC 212
- Jarnail Singh v. Lachhmi Narain Gupta, (2018) 10 SCC 396
