Title Notes of Constitution - 2025.pdf ✅

1 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 C O N S T I T U T I O N 1)Explain the dynamic concept of right to equality. The Right to Equality is a fundamental right guaranteed under Article 14 to Article 18 of the Constitution of India. It is one of the core values enshrined in the Constitution and plays a critical role in shaping the social, economic, and political fabric of the country. The concept of equality under the Constitution is not static; it is dynamic, evolving over time to address new challenges and realities in society. 1. Article 14 – Equality Before the Law  Equality Before the Law: Article 14 guarantees that “the State shall not deny to any person equality before the law or the equal protection of the laws”. This is a broad and foundational principle, and it ensures that every individual is treated equally under the law without discrimination.  Equality Before the Law means that no individual is above the law, and everyone, regardless of their social, economic, or political status, must be treated with equal respect by the law.  Equal Protection of the Laws ensures that laws are applied equally to all, but it also allows the government to make classifications or distinctions for certain purposes, provided they are reasonable and do not result in arbitrary discrimination.
2 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 2. Article 15 – Prohibition of Discrimination  Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures that no citizen shall be discriminated against based on these factors by the State in any matters related to employment, access to public places, or in any other matter of social importance.  However, the article allows positive discrimination or affirmative action by permitting the government to make special provisions for backward classes, women, children, and Scheduled Castes and Scheduled Tribes. This leads to the concept of positive equality, where some level of disparity may exist temporarily to bring about equality in the long term. 3. Article 16 – Equality of Opportunity in Public Employment  Article 16 guarantees equality of opportunity in matters relating to public employment. It ensures that no citizen is denied employment in the public sector on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any of these factors.  However, it also allows the State to make reservations (affirmative action) in favor of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), and even for women and disabled persons in public employment to ensure their equal participation in government services.
3 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 4. Article 17 – Abolition of Untouchability  Article 17 explicitly abolishes untouchability and forbids its practice in any form. Untouchability was a socially and culturally ingrained practice that kept certain classes of people (particularly those in the Scheduled Castes) in a subordinate and oppressed position.  The abolition of untouchability is a significant step toward achieving social equality and eradicating caste-based discrimination. This article empowers the government to take measures to eliminate untouchability and ensure the inclusion of historically marginalized communities in the social, political, and economic mainstream. 5. Article 18 – Abolition of Titles  Article 18 prohibits the State from conferring titles (such as nobility titles or hereditary distinctions) upon individuals, and it also disallows citizens from accepting any title from foreign governments. This ensures that all citizens are on an equal footing without any distinction based on birth, ancestry, or social rank.  This article aims to prevent any form of feudal hierarchy and maintains the principle of equality by removing distinctions based on personal titles or aristocratic privileges. Dynamic Nature of the Right to Equality
4 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 While the Right to Equality is rooted in these constitutional provisions, its application has evolved dynamically over time due to judicial interpretations, societal changes, and the emerging needs of justice. This evolution has been shaped through landmark judgments by the Indian judiciary, especially the Supreme Court, which has provided an adaptive framework for understanding equality in modern India. Judicial Interpretation and Expansion The judiciary has played a key role in expanding the scope of the Right to Equality. Some of the dynamic aspects include: 1.Positive Discrimination and Affirmative Action: o In the case of State of Madras v. Champakam Dorairajan (1951), the Supreme Court held that caste-based reservations in educational institutions were unconstitutional because they conflicted with the principle of equality. However, after this, the Constitution was amended (in 1951) to explicitly allow reservations for backward classes, leading to affirmative action policies. o In M. Nagaraj v. Union of India (2006), the Supreme Court confirmed that reservation in government jobs for OBCs, SCs, and STs is permissible, but it must be based on quantifiable criteria (like backwardness,