The Right to Equality is a fundamental principle enshrined in Articles 12-18 of the Indian Constitution. It ensures that all individuals are treated equally before the law, prohibits discrimination, and promotes equal opportunity in various spheres. Judicial interpretations and government policies continue to shape the implementation of this essential Fundamental Right.

Article 12 Definition of ‘State’ Under the Right to Equality

Article 12 defines the ‘State’ for enforcing the Right to Equality. It includes:

• The Government and Parliament of India
  
  
• State Legislatures
  
  
• Local authorities and other government-controlled entities
  
  

Judicial Interpretations of Right to Equality Under Article 12

• The Delhi High Court ruled that the United Nations is not a ‘State’ under Article 12.
  
  
• The PM CARES Fund was declared a public charitable trust, not a ‘State.’
  
  
• The judiciary is not considered a State under the Right to Equality, except for administrative functions (Rupa Ashok Hurra v. Ashok Hurra, 2002).
  
  
• The Election Commission was held to be a ‘State’ in Common Cause v. Union of India (2018).
  
  

Article 13 Judicial Review for Upholding the Right to Equality

Article 13 ensures that any law violating the Right to Equality or other Fundamental Rights is void. Courts have the power to strike down unconstitutional laws.

Landmark Cases Strengthening the Right to Equality

• Triple Talaq (2019): Declared unconstitutional, reinforcing the Right to Equality for Muslim women.
  
  
• Decriminalization of Section 377 (2018): Legalized consensual homosexuality, promoting equal rights.
  
  
• Women's Right to Property (2020): Ensured equal property rights for daughters (Vineeta Sharma v. Rakesh Sharma).
  
  
• Sabarimala Temple Entry Case (2018): Upheld gender equality, allowing women entry into temples.
  
  

Article 14 Equality Before Law – Core of the Right to Equality

Article 14 ensures equality before the law and prohibits discrimination. However, reasonable classification is permitted for policies like reservation for SCs, STs, OBCs, and women.

Major Supreme Court Cases on the Right to Equality Under Article 14

• NHAI Case (2021): Affirmed that all state actions must be fair and just.
  
  
• Joseph Shine v. Union of India (2018): Decriminalized adultery, ensuring gender equality.
  
  
• EWS Reservation Case (2022): Upheld 10% reservation for Economically Weaker Sections (EWS).
  
  

Article 15 Prohibition of Discrimination to Protect the Right to Equality

Article 15 prevents discrimination based on religion, caste, gender, or birthplace. However, it allows affirmative action to uplift disadvantaged groups, promoting the Right to Equality.

Judicial Rulings on Reservation Policy and the Right to Equality

• Indra Sawhney Case (1992): Upheld 27% OBC reservation but capped total reservations at 50%.
  
  
• M. Nagaraj Case (2006): Allowed reservation in promotions, provided backwardness is proved.
  
  
• Jarnail Singh Case (2018): Ruled that SC/ST reservations in promotions do not require quantifiable data.
  
  

Article 16 Equal Opportunity in Public Employment and the Right to Equality

Article 16 ensures equal opportunity in government jobs and prohibits discrimination. However, some states have enacted local reservation policies in the private sector, facing legal scrutiny under the Right to Equality.

Article 17 Abolition of Untouchability – Strengthening the Right to Equality

Article 17 abolishes untouchability and criminalizes its practice, reinforcing the Right to Equality.

Laws That Protect the Right to Equality Against Caste-Based Discrimination

• Protection of Civil Rights Act (1955)
  
  
• SC/ST (Prevention of Atrocities) Act (1989)
  
  
• Maharashtra Social Boycott Law (2016)
  
  

Important Cases on Article 17 and the Right to Equality

• Subhash Kashinath Mahajan (2018): Allowed anticipatory bail under the SC/ST Act.
  
  
• Prithvi Raj Chouhan (2020): Restored strict provisions of the SC/ST Act, ensuring justice for marginalized groups.
  
  

Article 18 Abolition of Titles to Promote the Right to Equality

Article 18 prohibits the government from granting titles, except for academic or military distinctions. Indian citizens are also barred from accepting foreign titles without approval.

Conclusion

The Right to Equality under Articles 12-18 plays a crucial role in building a just society. Judicial rulings and government policies continue to shape its implementation, ensuring that all citizens have equal opportunities and protection under the Indian Constitution.