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70 Years of Indian
Constitution
Articles 15, 16, 17, and 18 broadly relate to socio-
were incorporated into the Constitution by the 42nd
amendment, in 1976. They were originally ten in number, economic equality. Article 15 imposes two types
of prohibition. The State is prohibited from
but were increased to eleven in 2002. They outline the
discriminating against any citizen on grounds only of
duties of citizens to uphold the unity and integrity of India,
religion, race, caste, sex, place of birth, or any of them.
maintain harmony, protect the environment, among other
social responsibilities, and are not enforceable by law.
The Fundamental Rights were originally grouped under 7 places of public rest maintained wholly or partly out of
headings: Right to equality; Right to freedom; Right against State funds or dedicated to the use of the general public
exploitation; Right to freedom of religion; Cultural and (Clause 2).
educational rights; Right to property; Right to constitutional However, nothing in this article shall prevent the State
remedies. The 44th Constitutional Amendment of 1978 from making special provisions for women and children
removed the Right to property from Part III. There are now (Clause 3). Clause 4 of the same article, added by the
six groups of Fundamental Rights in India. first amendment in 1951, empowers the State to make
Right to equality (Articles 14-18) special provisions for the advancement of any socially
or educationally backward class of citizens or for the
This article emphasises the equality of all citizens before Scheduled Castes and Tribes.
law. Article 14 states that the State shall not deny to any Article 16 guarantees equality of opportunity to all
person equality before the law and equal protection of the citizens in matters relating to public employment and
law within the territory of India. In other words, no person prohibits ineligibility of, or discrimination against, a citizen
is above the law and none can claim a special status in in respect of employment or office under the State on
law. The State shall treat all persons equally and ensure grounds only of religion, race, caste, descent, place of
equal benefits to all. birth, residence, or any of them. However, nothing in this
Articles 15, 16, 17, and 18 broadly relate to socio-economic article shall affect the operation of a law that provides that
equality. Article 15 imposes two types of prohibition. The the incumbent of an office connected with the affairs of a
State is prohibited from discriminating against any citizen religious institution, or any member of the governing body
on grounds only of religion, race, caste, sex, place of birth, of the institution, shall be a person professing a particular
or any of them (Clause I). No citizen can be subjected religion, or belonging to a particular denomination Article
to any disability, liability, restriction or condition, with 17 abolishes untouchability and prohibits its practice in
regard to access to shops, public places, places of public any form. The enforcement of any disability arising out of
entertainment, or use of wells, tanks, bathing ghats, and untouchability is punishable by law. Article 18 declares
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