Equality under the Indian constitution is not merely about formal equality. It also incorporates the idea of substantive equality. Discuss this statement in light of constitutional provisions and relevant Supreme Court judgments.
Introduction
Art 14 of the Indian constitution provides for Equality Before law and Equal Protection of law, but that is only the tip of the iceberg.
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Main Body
Equality in Constitution: - Art 14, 15 Equality, no discrimination - Art 29, 30 Cultural equality - Art 15, 23, 29 Ubiquitous SC, ST Incorporating ideals of substantive equality: (1) N.M Thomas case - Court gave explicit directions of adhering to the principles of substantive equality. (2) Constitutional Morality - In Ramakrishnan Prasad case SC held that constitutional authors also ubiquitouism and would work in favour of citizens. (3) Differential access - through cases like Maneka Gandhi (50% ceiling), Lok Pranaayi case (upholding EWSreservation) SC ensured substantive justice.
Conclusion
Thus, substantive equality is the north star of constitutional morality (Justice Chandrachud)
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Diagram
Diagram showing different types of equality under Indian Constitution: Art 14, 15 (Equality, no discrimination), Art 29, 30 (Cultural equality), Art 15, 23, 29 (Ubiquitous SC, ST)
MEDHA ANAND
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Equality
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analytical
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