Legal Article

Equal Treatment as a Fundamental Right in the Indian Constitution

Shivendra Pratap Singh


High Court Lucknow


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Published on: 21 Aug, 2023


The principle of equal treatment is enshrined in the Constitution of India as a Fundamental Right, forming the cornerstone of the democratic ethos of the country. It primarily finds expression in Articles 14, 15, and 16, which establish the right to equality and non-discrimination. Below, we delve into how these Articles articulate the principle of equal treatment and its significance in the Indian legal framework.

Article 14: Right to Equality Before Law

Article 14 states, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

  • Equality Before Law: This means that every individual, irrespective of their social, economic, or political status, is equal in the eyes of the law.
  • Equal Protection of Laws: This ensures that similar cases are treated alike. However, it also allows for rational classifications for disparate treatment, as long as it serves a legitimate state purpose.

Article 15: Prohibition of Discrimination

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This article lays the groundwork for affirmative action, making provisions for socially and educationally backward classes. It provides for:

  • General Non-discrimination: Explicitly forbids discrimination based on specified grounds.
  • Special Provisions: Allows for exceptions to rectify historical injustices and social inequalities, such as reservations in educational institutions.

Article 16: Equality of Opportunity in Public Employment

Article 16 ensures equal opportunities for all citizens in matters relating to employment or appointment to any office under the State.

  • Non-discrimination: Employment opportunities should be given without discrimination on any grounds.
  • Reservation: Allows for reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes to address historical disadvantages.

Practical Implications

  1. Legal Redress: Violations of these rights can be directly challenged in the Supreme Court or High Courts under Article 32 and Article 226 respectively.
  2. Social Justice: The principle of equal treatment aims to create a more equitable society by counteracting systemic discrimination and social inequality.
  3. Policy Formulation: All laws, policies, and actions by the State are subject to the principles enshrined in these Articles.

Limitations and Criticisms

  1. Rational Classification: The allowance for “rational classification” has been criticized for being too vague and potentially subject to misuse.
  2. Affirmative Action Debate: The policy of reservations is a subject of intense debate, with questions about its long-term impact on social harmony and meritocracy.


The principle of equal treatment in the Indian Constitution serves as an essential framework for the establishment of a just and equitable society. It not only enshrines the basic tenets of justice and fairness but also provides for judicial mechanisms to enforce these rights. However, like any other legal principle, it’s subject to interpretation, debate, and evolution, reflective of the complexities of the society it aims to serve.


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