The Indian Constitution stands as a beacon of hope, justice, and liberty for over a billion people. At its core lies the Right to Equality, enshrined in Articles 14 to 18, which aims to establish a society free from discrimination, bias, and inequality. Alongside this right, the broader goal of social justice reflects the Constitution’s commitment to uplifting marginalized sections and creating a fair, inclusive society. Together, these principles form the moral and legal backbone of India’s democracy.
The Right to Equality is one of the six Fundamental Rights guaranteed under Part III of the Constitution. It ensures that the state treats all individuals equally and does not discriminate against anyone on arbitrary grounds.
Here’s a breakdown of the key provisions under Articles 14 to 18:
Article 14: Guarantees equality before the law and equal protection of the laws within the territory of India. It ensures that no person or group is above the law, regardless of their social or economic status.
Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also allows the state to make special provisions for women, children, and socially and educationally backward classes.
Article 16: Provides equality of opportunity in matters of public employment. It prohibits discrimination in government jobs and allows reservations for underrepresented groups.
Article 17: Abolishes untouchability and forbids its practice in any form, reinforcing the dignity of all individuals, particularly Dalits and other oppressed communities.
Article 18: Abolishes titles, except for military or academic distinctions, preventing the creation of artificial social hierarchies.
While equality ensures non-discrimination, social justice goes a step further by addressing historical and systemic injustices. The framers of the Constitution recognized that true equality cannot be achieved without correcting imbalances caused by centuries of social oppression, especially related to caste, class, gender, and economic disparity.
Social justice, therefore, implies:
Uplifting disadvantaged groups (Scheduled Castes, Scheduled Tribes, Other Backward Classes)
Promoting gender equality
Eradicating poverty and illiteracy
Ensuring access to education, employment, and healthcare
It’s not just about legal equality, but real, tangible equality in opportunities and outcomes.
Over the decades, the Indian state has taken several steps to translate constitutional promises into reality:
To ensure representation and participation, the Constitution allows reservations in education, jobs, and legislatures for SCs, STs, and OBCs. The Mandal Commission and subsequent rulings (like Indra Sawhney case, 1992) have upheld the validity of such affirmative action policies.
Laws like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 protect vulnerable communities from caste-based violence and discrimination.
Government programs such as Mid-Day Meals, MGNREGA, and Right to Education (RTE) aim to reduce inequality by improving access to essential services for the poor.
The judiciary has played a crucial role in expanding the scope of equality. In the Navtej Singh Johar v. Union of India (2018) case, the Supreme Court struck down Section 377 of the IPC, recognizing the equality and dignity of LGBTQ+ individuals. In State of Kerala v. N.M. Thomas (1976), the court observed that equality means treating equals equally and unequals unequally.
Despite constitutional safeguards, social and economic inequality persists in various forms:
Caste-based discrimination is still prevalent in rural and urban India.
Gender inequality continues to affect women’s access to education, employment, and safety.
Economic disparity is widening, with the richest 1% holding a disproportionate share of wealth.
Disabled persons, LGBTQ+ individuals, and religious minorities often face institutional and societal barriers.
The gap between legal rights and lived reality remains a major concern in achieving true social justice.