On Equality

Two meanings of equality (Article 14):

1. Equality before the law: Every person — rich or poor, powerful or ordinary — is subject to the same law. No one is above the law.

   • Derived from the British concept of Rule of Law (A.V. Dicey)
   • Allows some reasonable classifications (law can treat a child differently from an adult; a criminal differently from an innocent person)

2. Equal protection of laws: The state must ensure that the same rules are applied equally to people in similar situations. The law must protect everyone equally.

   • Positive obligation on the state (not just avoiding discrimination but actively ensuring equal treatment)

Why equality matters: In a diverse society like India — with its caste system, historical discrimination, gender inequality, religious and linguistic diversity — without legal protection of equality, the powerful would dominate the weak permanently.

Reasonable classification (not discrimination): The Constitution allows the law to treat different groups differently IF:

• The classification is based on an intelligible differentia (a real, relevant difference)
• The differentia has a rational relation to the law's objective

Example: Reservation for SC/ST is NOT discrimination — it's reasonable classification because these groups face disadvantage.

The debate on reservation (affirmative action):

What reservation means in India:

• Mandal Commission (1980, implemented 1990): 27% reservation in central government jobs and educational institutions for OBCs (Other Backward Classes); combined with 15% SC and 7.5% ST reservation = total 49.5% reservation
• 103rd Constitutional Amendment (2019): 10% reservation for EWS (Economically Weaker Sections) in general category; total reservation now up to 59.5%
• Supreme Court has ruled that reservation cannot exceed 50% (Indra Sawhney case 1992) — the EWS reservation is currently under scrutiny

Arguments for reservation:

• Historical injustice must be compensated — centuries of exclusion from education and employment
• Without intervention, formal equality ("we treat everyone the same") perpetuates existing inequalities
• Diversity in institutions (IITs, IIMs, government) brings diverse perspectives

Arguments against reservation (critical view):

• "Creamy layer" problem: Benefits going to more privileged members of backward groups; Mandal II (2006) introduced exclusion of creamy layer for OBCs
• Efficiency concerns (though empirical evidence is mixed)
• Doesn't address root causes (quality of schools, nutrition, social discrimination at ground level)

Current position (India): Reservation is constitutionally valid and politically entrenched; debate continues about its scope and effectiveness.

One person, one vote — radical equality:

India adopted Universal Adult Franchise with its first general election in 1952 — the right of every adult (then 21+, now 18+) to vote, regardless of caste, religion, gender, literacy, or property ownership.

Why this was radical:

• British India had severely restricted voting rights (property qualifications; women excluded initially)
• Many democracies didn't have universal franchise when they started — USA had racial and gender exclusions until 1965 (Voting Rights Act) and 1920 (19th Amendment) respectively
• India gave everyone the vote in 1952 — a massive democratic step for a poor, largely illiterate country

Voting Rights Amendment (1988): 61st Constitutional Amendment; lowered voting age from 21 to 18 years.

Election Commission of India (ECI):

• Article 324: ECI shall be vested with superintendence, direction and control of the preparation of electoral rolls and conduct of elections
• Chief Election Commissioner (CEC) has security of tenure (can only be removed like a Supreme Court judge)
• Appointment: Chief Election Commissioner (and Election Commissioners) appointed by the President; Chief Election Commissioners and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 — changed appointment process (now through a committee including PM, Leader of Opposition, and a Cabinet Minister)