PPT: Right to Equality Notes | EduRev

Indian Polity for UPSC CSE

UPSC : PPT: Right to Equality Notes | EduRev

 Page 1


Lecture 6 
Fundamental Rights
Prelims 2020 Crash Course 
Capstone IAS Learning
Page 2


Lecture 6 
Fundamental Rights
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Important features of Fundamental Rights 
Article 14 - 18 
Equality before law and Equal protection of laws 
Important Judgements enforcing Right to Equality
Page 3


Lecture 6 
Fundamental Rights
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Important features of Fundamental Rights 
Article 14 - 18 
Equality before law and Equal protection of laws 
Important Judgements enforcing Right to Equality
Fundamental Rights
The Constitution classi?es the Fundamental Rights under 7 groups: 
1. Right to Equality(Article 14-18) 
2. Right to particular freedoms (Article 19-22) 
3. Right against exploitation(Article 23-24) 
4. Right to freedom of religion(Article 25-28) 
5. Cultural and Educational Rights(Article 29-30) 
6. Right to Property(Article 31, now repealed) 
7. Right to Constitutional remedies (Article 32)
Page 4


Lecture 6 
Fundamental Rights
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Important features of Fundamental Rights 
Article 14 - 18 
Equality before law and Equal protection of laws 
Important Judgements enforcing Right to Equality
Fundamental Rights
The Constitution classi?es the Fundamental Rights under 7 groups: 
1. Right to Equality(Article 14-18) 
2. Right to particular freedoms (Article 19-22) 
3. Right against exploitation(Article 23-24) 
4. Right to freedom of religion(Article 25-28) 
5. Cultural and Educational Rights(Article 29-30) 
6. Right to Property(Article 31, now repealed) 
7. Right to Constitutional remedies (Article 32)
There is another classi?cation on the basis of persons to whom these rights are available 
1. F or Citizens - Article 15, 16, 19 and 30 
2. F or all residents - Article 14, 20, 21, 23, 25, 27 and 28. 
Negative Vs P ositive Rights  
• Some of the Fundamental Rights are negatively worded, as prohibitions to the State, 
like Article 14, 15, 20 etc. 
• There are other rights which ‘positively’ confer some bene?ts upon the individual like 
Article 29, 30 etc. 
All the above mentioned Fundamental Rights are available against the State. Article 12 
clari?es which all institutions come within the ambit of the word State, as far as 
Fundamental Rights are concerned. 
Even the act of a private individual may become an act of the State if it is enforced or 
aided by any authority of the State. 
There are certain rights which are available against private individuals too. Like Article 
15(2), Article 17, Article 23, Article 24 etc.
Page 5


Lecture 6 
Fundamental Rights
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Important features of Fundamental Rights 
Article 14 - 18 
Equality before law and Equal protection of laws 
Important Judgements enforcing Right to Equality
Fundamental Rights
The Constitution classi?es the Fundamental Rights under 7 groups: 
1. Right to Equality(Article 14-18) 
2. Right to particular freedoms (Article 19-22) 
3. Right against exploitation(Article 23-24) 
4. Right to freedom of religion(Article 25-28) 
5. Cultural and Educational Rights(Article 29-30) 
6. Right to Property(Article 31, now repealed) 
7. Right to Constitutional remedies (Article 32)
There is another classi?cation on the basis of persons to whom these rights are available 
1. F or Citizens - Article 15, 16, 19 and 30 
2. F or all residents - Article 14, 20, 21, 23, 25, 27 and 28. 
Negative Vs P ositive Rights  
• Some of the Fundamental Rights are negatively worded, as prohibitions to the State, 
like Article 14, 15, 20 etc. 
• There are other rights which ‘positively’ confer some bene?ts upon the individual like 
Article 29, 30 etc. 
All the above mentioned Fundamental Rights are available against the State. Article 12 
clari?es which all institutions come within the ambit of the word State, as far as 
Fundamental Rights are concerned. 
Even the act of a private individual may become an act of the State if it is enforced or 
aided by any authority of the State. 
There are certain rights which are available against private individuals too. Like Article 
15(2), Article 17, Article 23, Article 24 etc.
Right to Equality(Article 14)
Article 14 of the Constitution ensures ‘equality before law’ and ‘equal protection of laws’. 
Article 14 - “The State shall not deny to any person equality before law or the equal protection of the 
laws within the territory of India” 
Equality before law 
• It implies the absence of any special privilege by reason of birth, creed or the like, in favour of any 
individual and the equal subjection of all classes to ordinary law. 
• The concept of ‘equality before law’ is a necessary correlative to AV Dicey’ s concept of ‘Rule of 
Law’. 
• It means that no person is above law and that every person, whatever his or her rank or status 
maybe, is subject to the ordinary law and amenable to the jurisdictions of ordinary tribunals. 
• The concept of ‘equality before law’ does not involve the idea of absolute equality amongst all, 
which may be a physical impossibility. 
•
Article 14 allows for rational or reasonable discrimination. Conferment of special bene?ts or 
protection or rights to a particular group of citizens for rational reasons is envisaged under Article 
14 and implicit in the concept of equality.
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