In-Depth Analysis and Recent Developments of Fundamental Rights in India

1. Right to Equality (Articles 14-18)

• Analysis: This right ensures equality before the law and prohibits discrimination. It includes equality in public employment and the abolition of untouchability and titles.
• Recent Developments: The Supreme Court’s decision to decriminalize Section 377 is a significant step towards equality, ensuring the LGBTQ+ community is not discriminated against based on sexual orientation.

Equality before the law (Article 14):

Traditional view- The state shall not deny- “Equality before the law” and “equal protection of the laws”.

Modern view- The doctrine of proportionality.

Non- discrimination on grounds of religion, race, caste, etc (Article 15):

• No discrimination shall be made by the State on the grounds of religion, sex, caste, place of birth, race or any of them.
• The state can make Special provisions for women and children, protection of backward classes,  Admission for Socially and educationally backward classes in public and private educational institutions, Advancement of any economically weaker section.

Equality of opportunity in public employment (Article 16):

• It gives equality of opportunity in public employment,
• Citizens shall not be discriminated against in respect of any employment,
• The state can make reservations on the ground of residence,  S.C./S.T or O.B.C economically weaker sections.

Abolition of untouchability (Article 17):

• It provides that untouchability and its practice in any form are forbidden in India.
• People’s Union for Democratic Rights v. Union of India.

Abolition of Title (Article 18):

• It prohibits the State to confer any title except military or academic distinction,
• Citizens of India have no right to accept any title from any foreign country,
• Citizens for holding any office of profit under any foreign office shall have to take the consent of the President.

Fundamental Rights of India were included from the Magna Carta of England, the declaration of Rights of Man and Citizens (France), and the U.S. bill of rights. Indian Constitution Articles 12-35 are those rights that protect an individual from the atrocities of the State and these rights are protected and guaranteed by the constitution. These rights are regarded as ‘Fundamental‘ because they are most essential for the attainment of certain basic liberties and freedom in order to live a dignified life and the Constitutional Rights in India also allow an individual to move directly to the Supreme Court for the reinforcement of his/her fundamental right as and when they are violated or restricted.