RIGHT TO EQUALITY Pranav Kaushal BASICS OF LAW Wed, Jul 31, 2019, at ,12:33 PM The first Fundamental Right secured to the people of India is the ‘Right to Equality’. It is contained in Article 14 to Article 18. It has been said that Article 14 to 21 read with the Preamble which prohibits discrimination on the basis of caste, creed, color, religion or gender form, the heart, and soul of the Constitution. These provisions are as follows: Equality before law or Equal Protection of law (Article 14) Prohibition of discrimination against citizens (Article 15) Equality of opportunity in Public Employment (Article 16) Abolition of untouchability (Article 17) Abolition of titles (Article 18) The concept of equality has been held as basic to the rule of law and is regarded as the most fundamental postulate of republicanism. In Indira Nehra Gandhi v. Raj Narain the Supreme Court held that the right to equality conferred under Article 14 of the Constitution is a basic structure of the Constitution and an essential feature of democracy or rule of law. It has been held to be a right which more than any other is a basic postulate of our Constitution. Equality clause embodied under Article 14 does not speak of mere formal equality before the law but embodies the concept of real and substantive equality which strikes at the inequalities arising on account of vast social and economic differentiation and thus consequently an essential ingredient of social and economic justice. The essence of the principle behind Article 14 is the basic structure. Article 14 states “The State shall not deny to any person equality before the law or equal protection of laws within the Territory of India.” Thus the obligation imposed upon the state by virtue of Article 14 for the benefit of all person within the territory of India. The benefit of Article 14 is not limited to citizens. Every person whether natural or artificial whether he is a citizen or an alien is entitled to the protection under this Article. In the case of National Legal Service Authority v Union of India it was held that the person used under Article 14 is not restricted to male or females but even includes transgender persons. Such person who is neither male nor female is also held entitled to equal protection of laws and equality in all spheres. Article 14 uses two expressions namely Equality before law Equal Protection of law Equality before the law is of English origin. It is a familiar feature of what dicey called Rule of law means that “no man is above law and that every person whatever be his rank or condition is subjected to the ordinary law of the land and is amenable to the jurisdiction to the ordinary tribunals. Dr. Ivory Jennings explains that equality before the law means that among equals the law should be equal and should be equally administered that like should be treated alike. Equality before law thus means the absence of any special privilege for any particular person. It also strikes at the arbitrary power on the part of the government. It is, therefore, a negative concept. In the case of K.C Sarkar v. Rajesh Rajan the Supreme Court held that M.P/influential politician is not above law and while in custody were to be kept in prison-like other normal prisoners. Equal Protection of law: The phrase equal protection of the law is based upon the American Jurisprudence which state “nor shall any state deny to any person within his jurisdiction the equal protection of laws”. The Phrase is interpreted to mean “subjection of equal laws applying to all the same circumstances. It means that all person have the right to equal treatment in similar circumstances both in the privilege conferred and in the liabilities imposed by laws. It requires the law should be applied in all the same situation and that there should be no discrimination between one person and another. Thus, the phrase “Equal Protection of law” lays down the rule that like should be treated alike and not that unlike should be treated alike.