Question
What is the importance ofFundamental Rights? Describe the Right to Equality.
Or
What are the provisions of the Right to Equality?
Solution
I. Importance: There is a great importance and utility of the Fundamental Rights guaranteed to the Indian citizens by the Constitution of India. Because these rights are helpful to create necessary conditions for all round development of the citizens of India. They are also helpful in the establishment of social equality and the secularism in India.
Importance of Fundamental Rights:
1. Very essential rights: Some rights are incorporated in the Fundamental Rights which are very essential for the life of an individual. Infact, in the absence of these rights individual cannot lead the life of a superior human being. So in a modern democracy, it is very essential for the state to guarantee these rights.
2. Essential for the development of personality: Man is not merely a physical being. He has brain and intelligence. He thinks, understands and wants to express his ideas independently. Fundamental rights fulfil these needs of the individual.
3. Essential for a happy life: Fundamental rights help an individual to meet his material needs. Fundamental rights provide him a scope to follow a business or profession and earn wealth or property so that he might lead a happy life.
II. Meaning of Equality: It means that all the citizens of India are equal before law. No one can be discriminated against on the grounds of religion, race, caste, sex or place of birth. The same right applies in the matters of education and employment. People commiting the same crime are punished equally regardless of status.
III. Kinds of Equality: In the Indian Constitution the Right to Equality has been explained from Articles 14 to 18. The description is given below:
(i) Equality before law: Article 14 of theConstitution guarantees all persons equality before the law and equal protection of law within the territory of India. There can be no discrimination between one citizen and another on the basis of caste, class, creed, sex, etc.
(ii) Social equalities: Article 15 provides that the state shall not discriminate any citizen on the grounds of religion, race, caste, sex, place of birth or any of them. The same article provides that all the citizens shall have access to shops,public restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing ghats, roads, etc. However, nothing in the article shall prevent the state from making any special provision for women and children.
(iii) Equality of opportunities in the matter of public employment: Article 16 guarantees equality of opportunities for all citizens in the matters relating to employment or appointment to any office under the state. No citizen shall, on the grounds of religion, race,caste, sex, place of birth, residence, be in eligible for, or discriminated against, in respect of employment in office under the state. It means all the appointments in any public office shall be made on the basis of merit and not other extraneous considerations.
(iv)Abolition of untouchability: Untouchability has been a bane of the Indian society. Social justice is impossible to achieve where untouchability is a practice in any form. Article 17 abolishes untouchability and its practice in any form is forbidden. All the citizens of India,irrespective of their caste and creed, have an equal access to public places like parks, hotels, places of entertainment, roads and use of wells, tanks, bathing ghats, etc.
(v) Abolition of titles: Except the degrees and titles concerned with military and education, the government will give no titles to anybody. An Indian citizen cannot get any title from any foreign country. Such a restriction is applicable even on those foreigners who are serving in India.They are not allowed to receive any title from any foreign country without the consent of the President of India.
Importance of Fundamental Rights:
1. Very essential rights: Some rights are incorporated in the Fundamental Rights which are very essential for the life of an individual. Infact, in the absence of these rights individual cannot lead the life of a superior human being. So in a modern democracy, it is very essential for the state to guarantee these rights.
2. Essential for the development of personality: Man is not merely a physical being. He has brain and intelligence. He thinks, understands and wants to express his ideas independently. Fundamental rights fulfil these needs of the individual.
3. Essential for a happy life: Fundamental rights help an individual to meet his material needs. Fundamental rights provide him a scope to follow a business or profession and earn wealth or property so that he might lead a happy life.
II. Meaning of Equality: It means that all the citizens of India are equal before law. No one can be discriminated against on the grounds of religion, race, caste, sex or place of birth. The same right applies in the matters of education and employment. People commiting the same crime are punished equally regardless of status.
III. Kinds of Equality: In the Indian Constitution the Right to Equality has been explained from Articles 14 to 18. The description is given below:
(i) Equality before law: Article 14 of theConstitution guarantees all persons equality before the law and equal protection of law within the territory of India. There can be no discrimination between one citizen and another on the basis of caste, class, creed, sex, etc.
(ii) Social equalities: Article 15 provides that the state shall not discriminate any citizen on the grounds of religion, race, caste, sex, place of birth or any of them. The same article provides that all the citizens shall have access to shops,public restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing ghats, roads, etc. However, nothing in the article shall prevent the state from making any special provision for women and children.
(iii) Equality of opportunities in the matter of public employment: Article 16 guarantees equality of opportunities for all citizens in the matters relating to employment or appointment to any office under the state. No citizen shall, on the grounds of religion, race,caste, sex, place of birth, residence, be in eligible for, or discriminated against, in respect of employment in office under the state. It means all the appointments in any public office shall be made on the basis of merit and not other extraneous considerations.
(iv)Abolition of untouchability: Untouchability has been a bane of the Indian society. Social justice is impossible to achieve where untouchability is a practice in any form. Article 17 abolishes untouchability and its practice in any form is forbidden. All the citizens of India,irrespective of their caste and creed, have an equal access to public places like parks, hotels, places of entertainment, roads and use of wells, tanks, bathing ghats, etc.
(v) Abolition of titles: Except the degrees and titles concerned with military and education, the government will give no titles to anybody. An Indian citizen cannot get any title from any foreign country. Such a restriction is applicable even on those foreigners who are serving in India.They are not allowed to receive any title from any foreign country without the consent of the President of India.
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