Right to Equality UPCS (Fundamental Right 1) (Article 14 to 18)

By /

Siddharth Ranjan (PhD in Political Science, Polity, Governance & IR Faculty UPSC)

Right to Equality UPCS. Fundamental Right UPSC

Table of Contents

1.1  Right to Equality (Fundamental Right 1) (Article 14 to 18)

Article 14. Equality before law.

Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16. Equality of opportunity in matters of public employment.

Article 17. Abolition of Untouchability.

Article 18. Abolition of titles.

1.1.1 Article 14. Equality before law. (Article 14 UPSC)

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 ensures that everyone within India is treated equally under the law and has the right to equal protection of laws.

This provision protects the rights of all individuals, whether citizens or foreigners. It even includes legal entities like corporations and registered societies.

Origin of Concepts:

The idea of ‘equality before law’ is rooted in British law, while ‘equal protection of laws’ is borrowed from the American Constitution. These twin concepts, although complementary to each other, have distinct implications:

1.1.1.1 Equality Before Law: It ensures:

  • Absence of special privileges for anyone.
  • Every person is subject to the same laws administered by regular courts.
  • No one, regardless of their status, is above the law.

Note –

  • Prohibits unequal treatment.
  • Necessary for discouraging discrimination.
  • Based on A. V. Dicey Concept – Rule of Law. (Supremacy of Law) (Government = Governed) (Equal treatment for all))
  • Negative in nature.
  • English Law – Lady Justice

1.1.1.2 Equal Protection of Laws: This demands:

  • Equal treatment should be given in equal circumstances, but it does not prohibit the state from treating different classes of persons in different ways. (Equal treatment under similar circumstances and in the privileges and liabilities imposed by laws.)
  • Similar application of laws to those in comparable situations.
  • Like should be treated alike without discrimination.
  • The law can—and in some cases must—treat different people differently to achieve equity.

Note –

  • Demands for equal treatment.
  • Like should be treated alike
  • Allows Positive Discrimination or Affirmative action.
  • Necessary for Welfare of vulnerable or marginalized or weaker section.
  • American Concept. No universal application.
  • Positive in nature.

Distinguishing Equals and Unequals:

Thus, the former (equality before law) is a negative concept while the latter (equal protection of laws) is a positive concept.  However, both of them aim at establishing equality of legal status, opportunity and justice.

Article 14 stands for fairness and equality before the law for everyone in India, discouraging discrimination and supporting reasonable differentiation for equal treatment under the law.

The Supreme Court held that where equals and unequal’s are treated differently, Article 14 does not apply. It necessitates reasonable differentiation to ensure equal protection.

While Article 14 bars biased legislation, it allows reasonable classification based on intelligible and substantial distinctions. This classification should not be arbitrary or evasive.

Related Case law

State of Bombay vs F.N. Balsara, 1951 – Application of Equal Protection of Laws should be based on-

  • Intelligible Differentia – Substantial distinctions or reasonable classification (classification should not be arbitrary)
  • Rational Nexus – Close link between classification and desired result.

E.P. Roy Appa vs State of Tamil Nadu, 1974 –

  • Introduced Natural justice concept.
  • Law should be fair and reasonable.
  • Law should not be arbitrary. (Due Processes of Law)

Maneka Gandhi vs Union of India, 1978- (Related to article 21)

  • Law should be fair and reasonable.
  • Law should not be arbitrary. (Due Processes of Law)

Summary- Application of Equal Protection of Laws should be based on-

  • Intelligible Differentia
  • Rational Nexus
  • Reasonableness

While Article 14 forbids class legislation, it permits reasonable classification of persons, objects and transactions by the law. But the classification should not be arbitrary, artificial or evasive. Rather, it should be based on an intelligible differential and substantial distinction.

Note – The Supreme Court has ruled that the principle of equality under Article 14 is a basic feature of the Constitution and cannot be removed even through an amendment.

1.1.1.3 Exceptions to the principle of equality before the law:

The rule of equality before law is not absolute and there are constitutional and other exceptions to it. These are mentioned below:

President and Governor Immunity: The President and Governors have immunities from legal proceedings during their term in office. (Article 361)

  • Immunity from Court Action: The President or Governor cannot be questioned in any court for the duties they perform during their term.
  • No Criminal Proceedings: No criminal case can be initiated or continued against the President or Governor during their tenure.
  • No Arrest or Imprisonment: No court can issue an order for the arrest or imprisonment of the President or Governor during their term.
  • Delay in Civil Proceedings: Civil proceedings against the President or Governor for any personal acts, before or during their term, can’t be started until two months after a notice has been served to them.

Publication of Parliamentary Proceedings: No person shall be liable to any civil or criminal proceedings in any court for publishing a substantially true report of Parliament or State Legislature proceedings. (Article 361 A) (Privileges of parliament)

Parliamentary and Legislative Immunity: Members of Parliament have immunity for their statements or votes made in the respective houses. (Article 105). Members of State Legislatures have immunity for their statements or votes made in the respective houses. (Article 194)

Article 31 A: Special provisions regarding laws related to land reforms.

Article 31 C: Laws made by states for implementing certain Directive Principles {under Article 39(b) and 39(c)} cannot be challenged under Article 14. The Supreme Court held that “where Article 31-C comes in, Article 14 goes out”.

Foreign Sovereigns and Diplomatic Immunity: Foreign sovereigns, ambassadors, and diplomats have immunity from criminal and civil proceedings.

United Nations and Diplomatic Immunity: UN and its agencies also have diplomatic immunity.

1.1.1.4 Comparison with other country – USA vs India

India –

Equality before law – No discrimination – ensuring equal treatment – Emphasis on opportunities

Equal protection of law – like should be treated alike (reasonable classification) – special provisions for disadvantaged groups – addressing historic social inequalities – Emphasis on outcomes

USA

Equal protection of law – No discrimination – like our Equality before law – Emphasis on substantive equality, which is about outcomes and not just opportunities – Emphasis on opportunities

Equality in the US Constitution:

  • The principle of equality is not explicitly mentioned in the original text of the US Constitution. However, the concept of equality is a cornerstone of American democracy and is reflected in the Declaration of Independence, with the famous line “all men are created equal.”
  • The 14th Amendment, adopted after the Civil War in 1868, is where the concept of equality is explicitly codified in the Constitution. It states that “No State shall… deny to any person within its jurisdiction the equal protection of the laws.”
  • This “Equal Protection Clause” has been interpreted by courts to prohibit discrimination on the basis of race, origin, religion, and sex.
  • However, the interpretation of equality in the US has been largely formal. This means the law should not discriminate among individuals on the basis of their identities. There is less emphasis on substantive equality, which is about outcomes and not just opportunities. The Constitution does not explicitly provide for positive measures (such as reservations or quotas) to redress historical or social inequalities.

Equality in the Indian Constitution:

  • The Constitution of India has a more explicit stance on equality. It is enshrined as a Fundamental Right under Article 14, which states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
  • The concept of equality in the Indian Constitution is both formal (equality before law) and substantive (equal protection of law). The latter allows the state to make special provisions for disadvantaged groups. This is reflected in policies like reservation in education and government jobs for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
  • However, the Indian Constitution goes a step further than the U.S. Constitution by not just ensuring equal treatment but also addressing historic social inequalities. It recognizes the need for social and economic equalities, and the idea of ‘protective discrimination’ to uplift the underprivileged sections of the society.
  • The Constitution framers felt the need to ensure not just equal treatment, but also to address historical disadvantages and promote social justice. For instance, Articles 15(4), 15(5), and 16(4) of the Constitution of India provide for reservation for socially and educationally backward classes in educational institutions and public employment. Article 17 abolishes untouchability, addressing a specific social inequality prevalent in Indian society.

1.1.1.5 Rule of Law by A.V. Dicey

The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist, in his book The Law of the Constitution (1885).  His concept has the following three elements or aspects:

(i) Absence of arbitrary power, that is, no man can be punished except for a breach of law. (Article 21)

(ii) Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts. (Article 14)

(iii) The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights.

The first and the second elements are applicable to the Indian System and not the third one. In the Indian System, the constitution is the source of the individual rights.

Dicey observe: “No man is above the law, but every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Every official from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen”.

1.1.1.6  Golden Triangle of Indian Constitution UPSC

Article 14 (Right to Equality), 19 (Right to Freedom) and 21 (Right to Life and Liberty) are popularly known as the ‘golden triangle’ of the Indian Constitution. They are of prime importance in the concept of the rule of law.

The Supreme Court in the case of Maneka Gandhi v. Union of India held that a law depriving a person of ‘personal liberty’ has not only to stand the test of Article 21 but also Article 14 and Article 19.

These rights are regarded as the basic principles for the smooth running and overall development for a citizen. The golden triangle provides full protection to individuals from any encroachment upon their rights.

1.1.1.7 Comparison with other country – U.K. vs India

United Kingdom:

  • The UK does not have a written or codified constitution like many other nations, including India. Instead, it has an uncodified constitution made up of written documents, statutes, conventions, and legal instruments accumulated over centuries. Therefore, the notion of equality is not enshrined in a single constitutional document.
  • The principle of equality and prohibition of discrimination in the UK is largely governed by statutes such as the Equality Act of 2010. This Act consolidates and expands previous anti-discrimination laws, and sets out the different ways in which it’s unlawful to treat someone, such as direct and indirect discrimination, harassment, victimization, etc.
  • It identifies ‘protected characteristics’: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act imposes a public sector equality duty, requiring public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different people when carrying out their activities.

India:

  • In contrast, the Indian Constitution has explicit provisions for equality. Article 14 guarantees equality before the law and equal protection of laws to all persons within the territory of India.
  • The Indian Constitution goes a step further than mere formal equality, and recognizes the need for substantive equality. It provides for ‘protective discrimination’—specific provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Articles 15(4), 15(5), and 16(4) allow the state to make special provisions for these groups.
  • Article 17 of the Indian Constitution addresses a specific social issue, by abolishing “untouchability” and forbidding its practice in any form. This was aimed at eliminating caste-based discrimination.

1.1.2 Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. (Article 15 UPSC)

Article 15 (1)

Article 15 (2)

Exceptions of Article 15:

Article 15 (3)

Article 15 (4) –

Article 15 (5)

Article 15 (6)(a)

Article 15 (6)(b)

1.1.2.1 Article 15 (1)

Clause 1 of Article 15 says that-

the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. (ReRaCaSeB)

The two crucial words in this provision are ‘discrimination’ and ‘only’.

The word ‘discrimination’ means to make an adverse distinction with regard to or to distinguish unfavorably from others. But positive discrimination does not cover in this term.

The use of the word ‘only’ connotes that discrimination on other grounds is not prohibited.

1.1.2.2 Article 15 (2)

Clause 2 of Article 15 says that-

No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

This provision prohibits discrimination both by the State and private individuals, while the former provision (Clause 1 of Article 15) prohibits discrimination only by the State.

1.1.2.3 Exceptions of Article 15

There are some exceptions (reasonable restrictions) to the rule of non-discrimination:

1. The state can make any special provision for women and children. Article 15 (3)

2. The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or SC or ST. (SC/ST/OBC) Article 15 (4)

3. The state is empowered to make any special provisions for the advancement of any economically backward classes of citizens. (EWS) Article 15 (6)

1.1.2.4 Article 15 (3)

Clause 3 of Article 15 says that-

Nothing in this article shall prevent the State from making any special provision for women and children.

For example, reservation of seats for women in Central & State Legislature and local bodies or provision of free and compulsory education for children.

Reservation for Women in Legislature Article 330(1): It provides for the reservation of 33% seats for Women in Lok Sabha. Article 330(2): It provides for the reservation of 33% seats for Women in State Legislative Assemblies. Article 334(1): It provides that reservation of seats and special representation of women would cease 15 years after the commencement of 106th CAA. Clause 1 and 2 of Article 330 and Clause 1 Article 334 were Inserted by 106th Constitution Amendment Act, 1951 (128th Constitutional Amendment Bill) or Nari Shakti Vandan Adhiniyam. Article 243D: It provides for the reservation of minimum 33% seats for Panchayat. Inserted by 73rd Constitution Amendment Act, 1992. Article 243T: It provides for the reservation of minimum 33% seats for Women in Municipality. Inserted by 74th Constitution Amendment Act, 1992.   Also, there is no bar on Women’s candidates contesting from general seats.

1.1.2.5 Article 15 (4)

Clause 4 of Article 15 says that-

Nothing in this article or in clause (2) of article 29 {Article 29(2)} shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes.

The essence of this clause is to enable the government to implement affirmative action policies to uplift these disadvantaged groups. These measures aim to provide opportunities and access to resources that historically marginalized communities have been deprived of due to social, economic, and educational disparities.

For example, the government initiates various programs and schemes specifically targeting the socio-economic development of these communities. These programs often include reservation in legislature, quota in educational institutions, scholarships, skill development initiatives, financial assistance, and healthcare services tailored for SCs, STs, and other backward classes.

Clause 4 of Article 15 was Inserted by 1st Amendment, 1951.

Reservation for SC/ST in Legislature Article 330 and 332 provides for the reservation of seats for SC/STs in Lok Sabha and State Legislative Assemblies respectively, on the basis of their population ratio. 
Also, there is no bar on SC/STs candidates contesting from general seats. Reservation for Anglo-Indian in Legislature Under Article 331 President can nominate two members of Anglo-Indian community in Lok Sabha, if not adequately represented.  Article 333 provides same powers to Governor of a state to nominate one Anglo-Indian member.
Article 334 originally provided that reservation of seats and special representation would cease 10 years after the commencement of Constitution. But this was extended every 10 years (8th,23rd,45th,62nd,79th and 95th amendments). 104th Constitutional Amendment Act has provisions for amending article 334 and extending reservation only for Scheduled castes (SC) and Scheduled Tribes (ST) to Lok Sabha and legislative bodies till 25th January, 2030 (which was expiring in 2020).
104th Constitutional Amendment Act was brought for two objectives: Extend reservation for Scheduled castes (SC) and Scheduled Tribes (ST) to Lok Sabha and legislative bodies.Not extending the provision of nominating Anglo Indians to Lok Sabha and legislative bodies.

1.1.2.6 Article 15 (5)

Clause 5 of Article 15 says that-

Nothing in this article or in sub-clause (g) of clause (1) of article 19 {Article 19 (1)(g)} shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30 {Article 30(1)}.

The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.

For example, the Centre enacted the Central Educational Institutions (Reservation in Admission) Act, 2006 (OBC Quota Act), providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs) in all central higher educational institutions including the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs).

Clause 5 of Article 15 was Inserted by 93rd Amendment Act of 2005.

In April 2008, the Supreme Court upheld the validity of both the 93rd Amendment Act and the OBC Quota Act. But the Court directed the central government to exclude the ‘creamy layer’ (advanced sections) among the OBCs while implementing the law.

Creamy Layer
The children of the following different categories of people belong to ‘creamy layer’ among OBCs and thus will not get the quota benefit:
1. Persons holding constitutional posts like President, Vice-President, Judges of SC and HCs, Chairman and Members of UPSC and SPSCs, CEC, CAG and so on.
2. Group ‘A’ / Class I and Group ‘B’ / Class II Officers of the All India, Central and State Services; and Employees holding equivalent posts in PSUs, Banks, Insurance Organisations, Universities etc., and also in private employment.
3. Persons who are in the rank of colonel and above in the Army and equivalent posts in the Navy, the Air Force and the Paramilitary Forces.
4. Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on.
5. Persons engaged in trade, business and industry.
6. People holding agricultural land above a certain limit and vacant land or buildings in urban areas.
7. Persons having gross annual income of more than 8 lakh or possessing wealth above the exemption limit. In 1993, when the “creamy layer” ceiling was introduced, it was 1 lakh. It was subsequently revised to 2.5 lakh in 2004, 4.5 lakh in 2008, Rs 6 lakh (2013) and Rs 8 lakh (2017). In October 2015, the National Commission for Backward Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to Rs 15 lakh should be considered as the minimum ceiling for OBC.

Article 15(6)

Clause 6 of Article 15 says that-

Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

1.1.2.7 Article 15 (6) (a)

According to this, the state is empowered to make any special provisions for economically weaker sections (EWS) other than those given in 15 (4), 15 (5).

1.1.2.8 Article 15 (6) (b)

According to this, 10% reservation in education institutions, including private educational institutions, whether aided or unaided by the state, except the minority educational institutions will be given to the classes mentioned in 15 (6) (a).

Article 15 (6) (a) and Article 15 (6) (b) have been added by the 103rd Constitution Amendment Act, 2019.

1.1.2.9 Reservation grounds in Constitution

1. Socially backward class – based on caste

2. Educationally backward class – based on caste

3. Economically backward class – based on Family

1.1.2.10 Minority grounds in Constitution

1. Linguistic Minority

2. Religious Minority – Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992.

1.1.3 Article 16. Equality of opportunity in matters of public employment. (Article 16 UPSC)

Article 16 (1)

Article 16 (2)

Exceptions of Article 16

Article 16 (3)

Article 16 (4)

Article 16 (4A)

Article 16 (4B)

Article 16 (5)

Article 16 (6) 

1.1.3.1 Article 16 (1)

Clause 6 of Article 15 says that-

There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

1.1.3.2 Article 16 (2)

Clause 6 of Article 15 says 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. (ReRaCaSeBDeRe)

Article 15Religion Race Caste Sex Place of birth
Article 16Religion Race Caste Sex Place of birth Descent Residence

1.1.3.3 Exceptions of Article 16

There are some exceptions (reasonable restrictions) to the rule of equality of opportunity in public employment:

1. Parliament can prescribe residence as a condition for certain employment. Article 16 (3)

2. The State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services. (SC/ST/OBC) Article 16 (4)

3. A law can provide that the incumbent of an office related to religious or denominational institution should belong to the particular religion or denomination. (EWS) Article 16 (5)

4. The State can provide for maximum 10% reservation of appointments or posts in favour of any EWS. Article 16 (6)

1.1.3.4 Article 16 (3)

Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority.

As the Public Employment (Requirement as to Residence) Act of 1957 expired in 1974, there is no such provision for any state except Andhra Pradesh (By virtue of Article 371D inserted by the 32nd Amendment Act of 1973) and Telangana (Article 371D has been extended to the state of Telangana by the Andhra Pradesh Reorganization Act, 2014).

1.1.3.5 Article 16 (4)

The State can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state services. (SC/ST/OBC Reservation in Public Employment)

1.1.3.6 Article 16 (4A)

It empowers the State to provide for reservation in promotions of any services under the State in favor of the SCs and STs that are not adequately represented in the state services.

Inserted by 77th Amendment Act in 1995.

Again, the 85th Amendment Act of 2001 provides for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.

1.1.3.7 Article 16 (4B)

It empowers the State to consider the unfilled reserved vacancies of a year as a separate class of vacancies to be filled up in any succeeding year or years. Such class of vacancies are not to be combined with the vacancies of the year in which they are being filled up to determine the ceiling of 50% reservation on total number of vacancies of that year. In brief, it ends the 50% ceiling on reservation in backlog vacancies.

Inserted by 81st Amendment Act of 2000.

1.1.3.8 Article 16 (5)

A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to the particular religion or denomination.

1.1.3.9 Article 16 (6)

For the economically weaker sections other than those mentioned in Article 16 (4), maximum 10% reservation will be given in the appointment.

(Total reservation is 59.5%)

SC = 15%

Scheduled Tribe = 7.5%

Other Backward Class = 27%

Economically Weaker Section = 10%

Article 16 (6) has been added by the 103rd Constitution Amendment Act, 2019.

1.1.4 Article 17. Abolition of Untouchability. (Article 17 UPSC)

Article 17 – Abolition of Untouchability

Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

The Untouchability (Offences) Act, 1955

In 1976, the Untouchability (Offences) Act, 1955 has been comprehensively amended and renamed as the Protection of Civil Rights Act, 1955 to enlarge the scope and make penal provisions more stringent.

The act defines civil right as any right accruing to a person by reason of the abolition of untouchability by Article 17 of the Constitution.

The term ‘untouchability’ has not been defined either in the Constitution or in the Act. However, the Mysore High Court held that the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the ‘practice as it had developed historically in the country’. It refers to the social disabilities imposed on certain classes of persons by reason of their birth in certain castes. Hence, it does not cover social boycott of a few individuals or their exclusion from religious services, etc.

Under the Protection of Civil Rights Act (1955), the offences committed on the ground of untouchability are punishable either by imprisonment up to six months or by fine up to 500 or both. A person convicted of the offence of ‘untouchability’ is disqualified for election to the Parliament and state legislature. The act declares the following acts as offences:

(a) preventing any person from entering any place of public worship or from worshipping therein;

(b) justifying untouchability on traditional, religious, philosophical or other grounds;

(c) denying access to any shop, hotel or places of public entertainment;

(d) insulting a person belonging to scheduled caste on the ground of untouchability;

(e) refusing to admit persons in hospitals, educational institutions or hostels established for public benefit;

(f) preaching untouchability directly or indirectly; and

(g) refusing to sell goods or render services to any person.

The Supreme Court held that the right under Article 17 is available against private individuals and it is the constitutional obligation of the State to take necessary action to ensure that this right is not violated.

1.1.5 Article 18. Abolition of titles. (Article 18 UPSC)

Article 18 abolishes titles and makes four provisions in that regard:

Article 18 (1) – It prohibits the state from conferring any title (except a military or academic distinction) on anybody, whether a citizen or a foreigner.

Related case Law (The constitutional validity of the National Awards):

In 1996 (Balaji Raghavan v. Union of India, 1996), the Supreme Court upheld the constitutional validity of the National Awards—Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri. It ruled that these awards do not amount to ‘titles’ within the meaning of Article 18 (1) that prohibits only hereditary titles of nobility. Therefore, they are not violative of Article 18 (1) as the theory of equality does not mandate that merit should not be recognised.

However, it also ruled that they should not be used as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the awards.

Article 18 (2) – It prohibits a citizen of India from accepting any title from any foreign state.

Article 18 (3) – A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president.

Article 18 (4) – No citizen or foreigner holding any office of profit or trust under the State is to accept any present, emolument or office from or under any foreign State without the consent of the president.

From the above, it is clear that the hereditary titles of nobility like Maharaja, Raj Bahadur, Rai Bahadur, Rai Saheb, Dewan Bahadur, etc, which were conferred by colonial States are banned by Article 18 as these are against the principle of equal status of all.

1.1.6 National Awards

National awards are essential to identifying and celebrating outstanding groups, individuals, and institutions significantly contributing to culture, society, and the nation. The names of these awards are often stimulated by important historical figures, cultural icons, or events that have shaped the country’s individuality and values. The names of national awards imitate a country’s rich cultural and historical heritage and serve as symbols of national pride and identity. These awards are divided into diverse categories, including a list of Civilian, Gallantry, Literature, Sports, and Peace and leadership awards.

  • Civilian Awards
  • Gallantry Awards
  • National Sports Awards in India
  • Literary Awards in India

1.1.6.1 Civilian National Awards

Civilian awards are honors conferred upon individuals who have made distinguished contributions to culture, society, or other fields, without essentially serving in the military or government. These awards are characteristically given by national governments or non-profit organizations and are often envisioned to recognize exceptional service, achievement, or public service. These awards are conferred to people who have achieved a milestone in their respective fields.

Civilian Awards of India are of two types:

  • Bharat Ratna
  • Padma Awards
1.1.6.1.1 Bharat Ratna

It is the highest civilian award in the country.

It is awarded in recognition of exceptional service/performance of the highest order in any field of human endeavor.

The recommendations for Bharat Ratna are made by the Prime Minister to the President of India. No formal recommendations for Bharat Ratna are necessary.

The first-ever Indian to receive this award was the famous scientist, Dr. Chandrasekhara Venkata Raman.

The award was started by former President Dr. Rajendra Prasad on January 2nd, 1954, are announced every year on the occasion of Republic Day.

The Janata Party government headed by Morarji Desai discontinued them in 1977. But they were again revived in 1980 by the Indira Gandhi government. They are also suspended during the years 1993 to 1997, 2020, and 2021. it is suspended many times. These awards have also been suspended several times from 1993 to 1997, 2020 and 2021.

The number of Bharat Ratna Awards is restricted to a maximum of three in a particular year.  It was awarded to four people in the same year only once in 1999.

The Bharat Ratna can also be awarded to non-Indians as there is no written rule against the same. Mother Teresa, a naturalized Indian citizen was conferred with the award in 1980. Non-Indians, Khan Abdul Ghaffar Khan and Nelson Mandela have also been awarded the Bharat Ratna.

1.1.6.1.2 Padma Awards

Padma Awards were instituted in 1954 to be awarded to citizens of India in recognition of their distinguished contribution in various spheres of activity.

The Padma Awards are one of the highest civilian honors of India announced annually on the eve of Republic Day.

The Awards are given in three categories:

  • Padma Vibhushan (for exceptional and distinguished service)
  • Padma Bhushan (distinguished service of higher order) and
  • Padma Shri (distinguished service)

The award seeks to recognize achievements in all fields of activities or disciplines where an element of public service is involved.

The total number of Padma awards to be conferred each year is limited to 120. But the count excludes posthumous awards and any non-resident Indian or Overseas Citizen of India or foreign-based winners.

1.1.6.2 Gallantry Awards

Gallantry awards are honors given to individuals who have confirmed excellent courage, bravery, and valor in the face of danger or adversity. There are numerous different types of gallantry awards, each with its specific criteria and levels of recognition. In many cases, the awards are hierarchical, with higher levels reserved for more exceptional acts of bravery.

Mainly there are two types of awards in India:

1.1.6.2.1 War-Time Gallantry Awards

(i) Param Vir Chakra

The highest award is given to recognize and appreciate the valor and courage of the armed forces during the wartime. So far, it is only given to one air force man and 20 army troops. Major Somnath Sharma was the first army officer awarded the Param Vir Chakra in 1947. Savitri Bai Khanolankar designed the highest national award given in the military.

(ii) Maha Vir Chakra

Maha Vir Chakra is the second most prestigious national award for wartime gallantry. In 2021, it was given to Col Bikumalla Santosh Babu (Posthumous). It is given to the soldiers for their exceptional bravery on all land, sea, or in the air.

(iii) Vir Chakra

It is one of the top awards in India for the military and the third highest among all the wartime gallantry awards. It is made of standard silver. On one side, is a five-pointed heraldic star with the state emblem and the motto at the center. However, on the back side, there are two words, “VIR CHAKRA,” written in both Hindi and English languages.

1.1.6.2.2 Peace-Time Gallantry Awards

(i) Ashoka Chakra

It is the highest award given as peacetime gallantry honour. It started in the year 1952 and renamed in 1967. It is given to soldiers or armed officers for their sacrifice or courage.

(ii) Kirti Chakra

The second highest peacetime gallantry honour awarded to armed forces officials for their remarkable acts of valour and bravery. However, civilians can also be recommended for this award. It is the equivalent of Maha Vir Chakra in the peacetime category.

(iii) Shaurya Chakra

It is the third highest peacetime gallantry honour, given to armed forces officials and civilians for the act of courage, sacrifice, or valor during peacetime.

1.1.6.3 National Sports Awards

National sports awards are a set of admired awards given annually to honor outstanding achievements and contributions in India’s sports field. A committee of experts designates the award winners and coaches, comprising former sportspersons, and sports administrators, based on their performance and contribution to their respective sports.

There are four types:

(a) Major Dhyanchand Khel Ratna Award

They were earlier known as Rajiv Gandhi Khel Ratna Award and are the highest athletic honor in India. It is conferred to the sportspersons by the Ministry of Youth Affairs and Sports. In the year 2022, it was given to Achanta Sharath Kamal by President Droupadi Murmu at the Rashtrapati Bhavan in New Delhi.

(b) Arjuna Award

These are the oldest awards as the national awards for sports in India. They were started in the year 1961. It is given by the Ministry of Youth Affairs, to sportspersons. Sportspersons who have proved themselves with their amazing performances are conferred this honour.

(c) Dronacharya Award

This award is to appreciate the mentors and coaches of the players. It was introduced by Government of India in the year 1985 to pay tribute to the coaches. The recipients of this awards gets a bronze statue of Dronacharya. The first foreign coach for India to get this honour was B.I Fernandez.

(d) Dhyan Chand Award

One of the most prestigious awards in India for sports and is awarded annually by the Ministry of Youth Affairs and Sports. It is given for the lifetime achievement category. The award was named after the hockey legend Dhyan Chand, who scored more than 1000 goals and had a career spanning two decades.

1.1.6.4 Literary Awards

Literary awards are a set of significant honors given to poets, authors,, and other literary figures for their brilliant contributions to the world of literature. These awards recognize outstanding works of fiction, non-fiction, poetry, and other literary genres and are often supported by literary societies, publishing houses, or cultural organizations. The criteria for selecting award winners vary from one award to another. Some awards identify the quality of originality, writing, and creativity, while others focus on the effect of the work on society or cultural significance.

There are three types:

(i) Jnanpith Award

Also known by the name of Gyanpeeth Award, it is the most renowned awards in India. It was first started in the year 1961. The award was first given to Sankara Kurup for the collection of his poems in Malayalam. However, the award is not given for single entry. The awardees are selected on the basis of the lifetime work.

(ii) Sahitya Akademi Fellowship

It is the second most prestigious honour in literature awards in India and comes under top 10 awards in India. The awards were first introduced in 1968 and are given by the National Academy of Letters, an Institution under Government of India. The first person to be awarded this honour was Dr. Sarvepalli Radhakrishnan.

(iii) Sahitya Akademi Award

The third highest award in literature in India. Just like Sahitya Akademi Fellowship, it is also awarded by Sahitya Akademi. It was introduced to honour the work of the writers and their remarkable contributions in the field of literature. The first recipient of the award was Makhanlal Chaturvedi for his book “HIM Tarangini” in the year 1955.

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