Trilok Gupta's Blog

 Article – 16 : Equality of Opportunity in matters of Public Employment: There are 5 clauses under Article-16, they are: 16(1) there shall be equality of opportunity for all the citizens in the matters relating to the employment or appointment to any office under the state. 16(2) no citizen shall, on the grounds of only Religion, Race, Caste, Sex, Descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of, any employment or office under the state. 16(3) nothing in this Article shall prevent the parliament from making any Law prescribing, in regard to a class or the classes of the employment or an appointment to an office (under the Government of or any local or any other authority within a state or a union territory, any requirement as to a residence within that state or union territory) prior to such employment or appointment. 16(4)Article-16(4) enables the state to make the provisions for the reservation of the posts in the governm...

Right to Equality:(Article 14 -18) 1.Article – 14           Equality Before Law (Negative Concept)           Equal Protection of Law (Positive Concept) 2. Article – 15 Prohibition of discrimination on the grounds of Religion, Race, Caste, Sex or Place of Birth. 3. Article-16 Guarantees equality of opportunity in matters of public Employment. 4. Article-17 Abolishes Untouchability 5. Article- 18 Abolishes Title Article-14: Equality before the law and Equal Protection of Law: Article-14 embodies the general principles of equality before law and it prohibits the unreasonable discrimination between persons. Article-14 declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Thus Article-14 uses two expressions: Equality Before the law Equal Protection of the law “Equality before the Law” is a negative concept implying that the a...

Protective Discrimination The concept of Protective Discrimination is the policy of granting special privileges to the abused or oppressed people and to the under-privileged sections of the society. “Protective” is showing a care to someone. “Discrimination” is any action, policies or practices that deny an individual or a group for an equal access to the society’s resource, rewards and opportunities. This is explained in: Safeguards for SC/ST Privileges for Women Provisions for Children 1. Safeguards for SC/ST: Article-15(4) Article-15(5) Article-16(4A) Article-17 Article – 15(4): The fourth clause which was added by the constitution (1st Amendment) Act 1951, enables the state to make a special provision for the protection of the interest of the backward classes of citizens and is therefore an exception to the Article-15 and 29(2) of the constitution. Under clause-15(4), there are 2 things to be determined: a) Socially and educationally backward classes, b) The limit of reser...