Approach:

Introduction: Discuss Article 14 of the Indian Constitution, emphasizing its guarantees of equality before the law and equal protection of laws for all persons.
Main Body: Justify positive discrimination policies under Article 14, highlighting how they aim to achieve substantive equality by addressing historical and social disadvantages.
Actions Taken under Article 15: Outline specific actions, such as reservations for socially and educationally backward classes and economically weaker sections in education and public employment.
Conclusion: Summarize the importance of these policies in promoting social justice and inclusivity while ensuring equal opportunities for all citizens.

Ans. Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws within the territory of India. This provision confers rights on all persons, whether citizens or foreigners, and includes legal persons such as statutory corporations, companies, and registered societies.

Concepts of Equality

Equality Before Law: This concept, of British origin, implies the absence of any special privileges in favor of any person, equal subjection of all persons to the ordinary law of the land, and that no person is above the law.
Equal Protection of Laws: Derived from the American Constitution, this concept means equality of treatment under equal circumstances, similar application of the same laws to all persons who are similarly situated, and that like should be treated alike without any discrimination.

Rule of Law

The concept of 'equality before law' is an element of the 'Rule of Law' propounded by A.V. Dicey, which includes:

1. Absence of arbitrary power. 2. Equality before the law. 3. The primacy of the rights of the individual.

The Supreme Court has held that the 'Rule of Law' as embodied in Article 14 is a 'basic feature' of the Constitution and cannot be destroyed even by an amendment.

Exceptions to Equality

While Article 14 forbids class legislation, it permits reasonable classification of persons, objects, and transactions by the law. The classification should not be arbitrary, artificial, or evasive but should be based on an intelligible differential and substantial distinction.

Actions Taken for Backward Classes under Article 15

Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, or place of birth. However, it allows the state to make special provisions for certain classes of citizens.

Special Provisions

1. For Women and Children: The state can make special provisions for women and children, such as reservation of seats for women in local bodies or provision of free education for children.

2. For Socially and Educationally Backward Classes: The state can make special provisions for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes (SCs) and Scheduled Tribes (STs).

3. For Economically Weaker Sections (EWS): The state can make special provisions for the advancement of economically weaker sections of citizens, including reservation of up to 10% of seats in educational institutions and public employment.

Reservation for OBCs in Educational Institutions

The 93rd Amendment Act of 2005 added a provision allowing the state to make special provisions for the advancement of socially and educationally backward classes of citizens or for the SCs or STs regarding their admission to educational institutions, including private educational institutions, whether aided or unaided by the state, except minority educational institutions. This led to the enactment of the Central Educational Institutions (Reservation in Admission) Act, 2006, providing a quota of 27% for OBCs in central higher educational institutions. The Supreme Court upheld the validity of both the Amendment Act and the OBC Quota Act in April 2008 but directed the exclusion of the 'creamy layer' among the OBCs.

Reservation for EWSs in Educational Institutions

The 103rd Amendment Act of 2019 added a provision for the reservation of up to 10% of seats for EWSs in admission to educational institutions, including private educational institutions, whether aided or unaided by the state, except minority educational institutions. The central government issued an order in 2019 providing 10% reservation to EWSs in admission to educational institutions. The eligibility criteria for EWSs include a family gross annual income below ₹8 lakh and exclusion based on certain asset holdings.

Reservation for EWSs in Public Employment

The 103rd Amendment Act of 2019 also provided for the reservation of up to 10% of appointments or posts in favor of EWSs in civil posts and services in the Government of India. The eligibility criteria for EWSs in public employment are similar to those for educational institutions.

Conclusion

Positive discrimination policies under Article 14 are justified as they aim to achieve substantive equality by addressing historical and social disadvantages faced by certain groups. These policies ensure that all citizens have equal opportunities and access to resources, thereby promoting social justice and inclusivity.

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