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 judgements.
Main Body
Equality is one of the major premises made by the Constitution - drawn from the Indian population. However, this equality is not limited to formal equality, it encompasses the socio-economic and political aspects as well. Formal Equality: 1. This consists of equality before the law and equal protection of the law. 2. It invokes equal treatment of similar people and no prejudice or favour to anyone.
Substantive equality is one that expands positive liberty and creates a situation of enhanced opportunity for all through positive action by State. Substantive Equality: 1. Reservation provisions for socially and educationally backward class (SC/ST) and OBC of Constitution. 2. Mandal Justice: India country to OBC 27% reservation is caste based judgement. 3. 103rd CAA -> EWS reservation at 10% for economically backward section. 4. CS cultural & educational rights for preservation of minority culture and Indian concept of secularism; sub-sectional issue (equality of women), Triple Talaq Case. Thus, Indian concept of equality involves proactive involvement of State actors to ensure justice and expand the opportunities of all individuals in society.
Srishti Mishra
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Equality
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analytical
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