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Which of the following Articles of Indian Constitution guarantees equal opportunities in public employment to persons belonging to SC/ST and the other minority communities?
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Which of the following Articles of Indian Constitution guarantees equal opportunities in public employment to persons belonging to SC/ST and the other minority communities?A
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Updated on : 2022-09-05
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Correct option is B)
Article 16 gives the guarantee of equality of opportunity in matters of public employment. Article 16(1) & 16(2) have laid down a general rule that there shall be equal opportunity for all citizens and thus emphasises on universality of Indian Citizenship.
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Right to Equality [Article 14 to 18]
The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.). It is an important part of Fundamental Rights, Articles 14 - 18. Equality before the law, the prohibition of discrimination, equality in matters of public employment. Clear IAS 2022 with BYJU'S IAS
The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).
In this article, you can read all about the Right to Equality and the related constitutional provisions from the IAS exam point of view. For more on Fundamental Rights, click on the linked article.
Aspirants preparing for the upcoming CSE exam must refer to the details discussed further below in this article, important from the IAS exam perspective.
Right to Equality
Before knowing about the right to equality, aspirants should know the types of equality to get an idea of what it is. It is also mentioned in our Preamble. The types of equality are:
Natural Social Civil Political Economic Legal
The Right to Equality is one of the Fundamental Rights enshrined in the Constitution of India. It is very important to understand what this right entails and includes. This topic is a basic topic in the polity and constitution segments of the UPSC Syllabus for the civil services exam.
Below we provide the associated articles of the Constitution under the right to equality.Right to EqualityArticle Brief description
Article 14 The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex or place of birth
Article 15 The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
Article 16 There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Article 17 Abolition of untouchability
Article 18 Abolition of all titles except military and academic
Equality before the law (Article 14)
Article 14 treats all people the same in the eyes of the law.
This provision states that all citizens will be treated equally before the law.
The law of the country protects everybody equally.
Under the same circumstances, the law will treat people in the same manner.
Prohibition of discrimination (Article 15)
This article prohibits discrimination in any manner.
No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be subject to any liability, disability, restriction or condition with respect to:
Access to public places
Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the general public
The article also mentions that special provision can be made for women, children and the backward classes notwithstanding this article.
Equality of opportunity in matters of public employment (Article 16)
Article 16 provides equal employment opportunities in State service for all citizens.
No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race, religion, caste, sex, place of birth, descent or residence.
Exceptions to this can be made for providing special provisions for the backward classes.
Abolition of untouchability (Article 17)
Article 17 prohibits the practice of untouchability.
Untouchability is abolished in all forms.
Any disability arising out of untouchability is made an offence.
Abolition of titles (Article 18)
Article 18 abolishes titles.
The State shall not confer any titles except those which are academic or military titles.
The article also prohibits citizens of India from accepting any titles from a foreign State.
The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur, Khan Bahadur, etc.
Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok Chakra, Param Vir Chakra do not belong to this category.
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Furthermore, candidates can also acquaint themselves with the information and preparation strategy of previous year UPSC toppers and accordingly chalk out a preparation plan to excel in the examination.
Ace your UPSC exam preparation and learn from the best at BYJU’S.Right to Equality – Indian Polity:-Download PDF Here
UPSC Questions related to Right to Equality
Is equality a basic human right?
The right to equality and non-discrimination is a fundamental component of international human rights law.
What are the exceptions to the right of equality of opportunity in matters of public employment?
Under Article 16, exceptions to the right of equality of opportunity in matters of public employment are provided for to protect the interests of the weaker and vulnerable sections of society such as women, children, the backward classes (SC/ST) and minorities. The Parliament may also pass a law to the effect that a certain post be filled only by people residing in a certain area, to fulfil the conditions of the post that warrants the knowledge of the locality and the local language. The article also mentions that there can be a law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution shall be a person professing a particular religion or belonging to a particular denomination.
Article 14 of the Constitution of India
Article 14 of the Constitution of India
From Wikipedia, the free encyclopedia
Jump to navigation Jump to searchArticle 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states:
"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
Reasonable Classification and Non-Arbitrariness
Article 14 guarantees equality to all persons[a], including citizens, corporations, and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows. Article 14 permits classification, so long as it is 'reasonable', but forbids class legislation. A classification of groups of people is considered reasonable when:
The classification is based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group, and,
The differential has a rational relation with the objective of the act.
In addition, the classification must be non-arbitrary. Supreme Court in E. P. Royappa (1973) provided guidance on arbitrariness of an act:
"Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within the traditional and doctrinaire limits. From the positivistic point of view, equality is antithetic to arbitrariness. In fact, equality and arbitrariness are sworn enemies… Where an act is arbitrary, it is implicit that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14."
Notes^ General Clauses Act, 1897, Section 3, clause 42 defines person to include any company or association or body of individuals, whether incorporated or not.
References^ "The Constitution of India" (PDF). Archived (PDF) from the original on 24 January 2013.^ "General Clauses Act, 1897" (PDF).^ "The Citizenship (Amendment) Bill, 2019". . 9 December 2019. Retrieved 12 December 2019.^ "Right to Equality". .^ "Birds to holy rivers: A list of everything India considers 'legal persons'". . 6 June 2019. Retrieved 14 December 2019.^ "Ram Krishna Dalmia vs Justice S R Tendolkar". .^ "Religious basis of citizenship would be a negation of secularism, liberalism, equality and justice". . 11 December 2019. Retrieved 12 December 2019.^ "Doctrine of Non-Arbitrariness and Reasonable Classification". . 13 September 2019. Retrieved 12 December 2019.
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