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Foundations and the Right to Equality (Articles 12–18)

Fundamental Rights · Part 1 / 4 · Fact-checked on · how we check

Written with AI from the sources listed at the bottom of this page, then fact-checked by a separate AI.

What Fundamental Rights are, who can claim them, what counts as 'the State', how courts strike down laws, and the Right to Equality in Articles 14 to 18, including reservations.

The Fundamental Rights are in Part III of the Constitution, Articles 12 to 35. They are called 'fundamental' because they protect the most basic freedoms of a person, and because they are justiciable: if the State violates one, a person can go straight to the Supreme Court or a High Court to enforce it. The idea was inspired by the Bill of Rights of the United States. These rights are not absolute: the Constitution itself allows reasonable restrictions on many of them. This first part covers the foundations of Part III (Articles 12 and 13) and the Right to Equality (Articles 14 to 18).

Not every right is for everyone. Five rights are for a citizen only: Articles 15, 16, 19, 29 and 30. The rest, including Article 14 (equality before law), Article 20 (protection in criminal cases), Article 21 (life and personal liberty) and Article 25 (freedom of religion), are for every person on Indian soil, including foreigners. For example, a foreign tourist arrested in India can claim the protection of Article 21, but cannot claim the Article 19 freedom to reside and settle anywhere in India, because that right belongs to citizens.

Fundamental Rights are mainly protection against the State, so Article 12 defines 'the State' widely. It includes the Government and Parliament of India, the government and legislature of each state, all local authorities such as municipalities and panchayats, and 'other authorities' within India or under the control of the Government of India. Courts decide who counts as an 'other authority'. In Ajay Hasia (1981) the Supreme Court said a body is an instrumentality or agency of the State if, for example, the government funds it heavily or controls it deeply. In Pradeep Kumar Biswas (2002) a seven-judge bench asked whether the body is financially, functionally and administratively dominated by the government. So a public sector company can be 'the State', while an ordinary private company usually is not.

Article 13 is what gives Part III its teeth. Any law, whether made before or after the Constitution came into force, is void to the extent that it takes away or abridges a Fundamental Right. 'Law' here is wide: it includes ordinances, orders, bye-laws, rules, regulations, notifications, and even customs having the force of law. This is the basis of judicial review. Two doctrines follow. Under the doctrine of severability, only the offending part of a law is struck down if the rest can stand on its own. Under the doctrine of eclipse, a pre-Constitution law that conflicts with a Fundamental Right is not dead but overshadowed, and revives if the right is later amended. Article 13(4), added by the 24th Amendment (1971), says a constitutional amendment made under Article 368 is not 'law' for the purpose of Article 13.

Article 14 says the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India. The two phrases come from different traditions. 'Equality before law' is a British idea linked to the rule of law: nobody is above the law, and the same courts and laws apply to everyone. 'Equal protection of the laws' comes from the US Constitution: people in similar situations must be treated alike. Equality does not mean identical treatment. The State may classify people if the classification is reasonable: it must rest on an intelligible differentia (a real difference between groups) and have a rational nexus with the purpose of the law. In E.P. Royappa (1974) the Supreme Court added that arbitrariness is the opposite of equality, so an arbitrary action by the State violates Article 14.

Article 14: two ideas in one article
Equality before lawEqual protection of the laws
OriginBritish idea (rule of law)US Constitution
NatureNegative: no special privilege for anyonePositive: equal treatment in equal circumstances
AllowsSame laws and courts for everyoneReasonable classification with a rational purpose

Article 14 protects every person, including companies and foreigners. It has exceptions written into the Constitution itself. The most important is Article 361: the President and the Governors are not answerable to any court for the exercise of the powers and duties of their office, and no criminal proceedings can be started or continued against them in any court during their term of office. This is not seen as a breach of equality, because it protects the office rather than the person, and only for as long as the person holds it.

Article 15 applies the idea of equality to discrimination. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The word 'only' matters: a law based on other grounds may be valid. Article 15(2) goes beyond the State: no citizen can be barred, on these grounds, from shops, public restaurants, hotels and places of public entertainment, or from wells, tanks, bathing ghats, roads and places of public resort funded by the State or dedicated to public use. Article 15(3) allows special provisions for women and children, so a women-only college or a scheme for girl students does not violate Article 15.

Reservation in education grew out of Article 15. In State of Madras v. Champakam Dorairajan (1951) the Supreme Court struck down a Madras government order that allotted college seats by community. Parliament responded with the First Amendment (1951), which added Article 15(4): the State may make special provisions for the advancement of socially and educationally backward classes, the Scheduled Castes and the Scheduled Tribes. The 93rd Amendment (2005) added Article 15(5), allowing reservation in admission to educational institutions, including private ones, whether aided or unaided, but not minority educational institutions. The 103rd Amendment (2019) added Article 15(6), allowing up to 10 per cent reservation for economically weaker sections who are not covered by the other reservations.

Article 16 guarantees every citizen equality of opportunity in matters of public employment. No citizen can be made ineligible for, or discriminated against in, any government job on grounds only of religion, race, caste, sex, descent, place of birth or residence. The exceptions are carefully listed. Under 16(3), only Parliament can prescribe residence within a state as a condition for certain jobs there. Under 16(4), the State can reserve appointments for any backward class not adequately represented in its services. Clause 16(4A), added by the 77th Amendment (1995), allows reservation in promotion for Scheduled Castes and Scheduled Tribes, and the 85th Amendment (2001) added consequential seniority. Clause 16(4B), added by the 81st Amendment (2000), lets unfilled reserved vacancies be carried forward without counting them towards the ceiling. Clause 16(5) allows a religious institution to require its office-holders to belong to that religion, and 16(6) allows up to 10 per cent reservation for economically weaker sections.

Two judgments shape how reservation works. In Indra Sawhney v. Union of India (1992), known as the Mandal case, a nine-judge bench upheld 27 per cent reservation for Other Backward Classes in central government jobs, but laid down three rules: the 'creamy layer' (better-off members) of backward classes must be excluded; total reservation should not normally exceed 50 per cent except in extraordinary situations; and Article 16(4) does not allow reservation in promotions. Parliament then added Article 16(4A) to restore reservation in promotion for Scheduled Castes and Scheduled Tribes. In Janhit Abhiyan v. Union of India (2022), a five-judge bench, by a majority of 3 to 2, upheld the 10 per cent reservation for economically weaker sections, holding that it does not violate the basic structure.

Reservation clauses in Articles 15 and 16
ClauseWhat it allowsAdded by
15(4)Special provisions for socially and educationally backward classes, SCs and STs1st Amendment, 1951
15(5)Reservation in admissions, including private institutions (not minority institutions)93rd Amendment, 2005
15(6), 16(6)Up to 10% for economically weaker sections103rd Amendment, 2019
16(4)Reservation in appointments for backward classes not adequately representedOriginal Constitution
16(4A)Reservation in promotion for SCs and STs; consequential seniority from 200177th Amendment, 1995; 85th Amendment, 2001
16(4B)Unfilled reserved vacancies carried forward, outside the ceiling81st Amendment, 2000

Article 17 abolishes untouchability and forbids its practice in any form. Enforcing any disability arising out of untouchability is an offence punishable in accordance with law. The Constitution does not define the word; Parliament gave effect to the article through the Untouchability (Offences) Act, 1955, renamed the Protection of Civil Rights Act in 1976. Unlike most Fundamental Rights, Article 17 applies against private individuals as well as the State: a shopkeeper or a village body that refuses water or entry to a person because of caste commits an offence.

Article 18 abolishes titles. The State shall not confer any title, except a military or academic distinction. No citizen may accept a title from a foreign State, and a non-citizen holding an office of profit or trust under the State needs the President's consent to accept one. Persons holding such offices also need the President's consent to accept any present, emolument or office from a foreign State. In Balaji Raghavan v. Union of India (1996) the Supreme Court held that the Bharat Ratna and the Padma awards are not 'titles' under Article 18, but they should not be used as a prefix or suffix to a name. Taken together, Articles 14 to 18 aim at equality of status and of opportunity promised in the Preamble: Article 14 sets the general rule, Articles 15 and 16 apply it to discrimination and public jobs, and Articles 17 and 18 remove inequalities of caste and rank.

Exam traps

Recap

Practice questions

Q1. Which of the following Fundamental Rights are available to foreigners in India?
1. Equality before law (Article 14)
2. Equality of opportunity in public employment (Article 16)
3. Protection of life and personal liberty (Article 21)
4. Freedom to reside and settle anywhere in India (Article 19)
Select the correct answer using the code below.

  1. 1 and 3 only
  2. 2 and 4 only
  3. 1, 3 and 4 only
  4. 1, 2, 3 and 4
Show answer

Answer: A. 1 and 3 only

Articles 14 and 21 protect every person, including foreigners. Articles 16 and 19 are citizens-only, so any option containing 2 or 4 is wrong.

Q2. With reference to Article 13 of the Constitution of India, consider the following statements:
1. The term 'law' in Article 13 includes ordinances, bye-laws and customs having the force of law.
2. A constitutional amendment made under Article 368 is 'law' for the purposes of Article 13.
Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show answer

Answer: A. 1 only

Statement 1 is correct: Article 13(3) defines 'law' widely. Statement 2 is wrong: Article 13(4), added by the 24th Amendment (1971), says an amendment under Article 368 is not 'law' under Article 13.

Q3. A law gives an executive officer unguided and unlimited discretion to decide whom a rule applies to. Which principle does it most directly violate?

  1. Equality before law and equal protection of the laws (Article 14)
  2. Freedom of speech and expression (Article 19)
  3. Abolition of titles (Article 18)
  4. Right to constitutional remedies (Article 32)
Show answer

Answer: A. Equality before law and equal protection of the laws (Article 14)

Unguided discretion allows arbitrary treatment of people in the same situation, and arbitrariness is the opposite of equality under Article 14 (E.P. Royappa, 1974). Article 19 deals with freedoms, Article 18 with titles, and Article 32 is the remedy, not the violated right.

Q4. Article 16 of the Constitution forbids discrimination in public employment on certain grounds. Which of the following grounds is mentioned in Article 16 but NOT in Article 15?

  1. Caste
  2. Place of birth
  3. Residence
  4. Sex
Show answer

Answer: C. Residence

Article 16(2) adds descent and residence to the grounds in Article 15. Caste, place of birth and sex appear in both articles.

Q5. Consider the following statements about the judgment in Indra Sawhney v. Union of India (1992):
1. It required the 'creamy layer' to be excluded from reservation for backward classes.
2. It held that reservation could be provided in promotions under Article 16(4).
3. It said total reservation should not normally exceed 50 per cent.
Which of the statements given above are correct?

  1. 1 and 2 only
  2. 1 and 3 only
  3. 2 and 3 only
  4. 1, 2 and 3
Show answer

Answer: B. 1 and 3 only

Statements 1 and 3 are correct. Statement 2 is wrong: the Court held that Article 16(4) does not permit reservation in promotions, which is why Parliament later added Article 16(4A) by the 77th Amendment.

Q6. Which of the following Fundamental Rights can be enforced against private individuals as well as the State?
1. Abolition of untouchability (Article 17)
2. Equality of opportunity in public employment (Article 16)
3. Access to shops, public restaurants and hotels without discrimination (Article 15(2))
Select the correct answer using the code below.

  1. 1 only
  2. 1 and 3 only
  3. 2 and 3 only
  4. 1, 2 and 3
Show answer

Answer: B. 1 and 3 only

Article 17 and Article 15(2) apply to private conduct too: untouchability by anyone is an offence, and private shops and hotels are covered by 15(2). Article 16 concerns public employment, so it binds only the State.

Q7. Which constitutional amendment added Article 15(5), enabling reservation in admission to private educational institutions?

  1. First Amendment, 1951
  2. 77th Amendment, 1995
  3. 93rd Amendment, 2005
  4. 103rd Amendment, 2019
Show answer

Answer: C. 93rd Amendment, 2005

The 93rd Amendment (2005) added Article 15(5). The First Amendment added 15(4), the 77th added 16(4A) for promotions, and the 103rd added 15(6) and 16(6) for economically weaker sections.

Q8. Consider the following statements regarding Article 18:
1. The State may confer military and academic distinctions.
2. A citizen of India may accept a title from a foreign State with the consent of the President.
3. The Bharat Ratna is a 'title' within the meaning of Article 18.
Which of the statements given above is/are correct?

  1. 1 only
  2. 1 and 2 only
  3. 2 and 3 only
  4. 1, 2 and 3
Show answer

Answer: A. 1 only

Only statement 1 is correct. Statement 2 is wrong: a citizen may not accept a foreign title at all (the President's consent applies to non-citizens holding an office of profit or trust). Statement 3 is wrong: Balaji Raghavan (1996) held national awards are not titles.

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