How does the Indian Constitution justify our right to equality?

Article 14 of the constitution states 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.” This means that every person, who lives within territory of India, has the equal right before the law. That equals will be treated equally.

Does the reservation system in India go against the very notion of equality?

The reservation is an attempt to promote equality among citizens by ensuring equal and fair opportunities to all. Equality has been promised by state under article 14 of the Indian Constitution which is considered as the soul of the Indian Constitution because without equality no country can be considered as republic.

What does the Indian Constitution say about reservation?

The Constitution of India states in article 16(4): “Nothing in [article 16] or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially, and educationally backward classes of citizens of or for the Scheduled Castes and the Scheduled Tribes.” Article 46 of …

What Constitution says about equality?

Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

How does the Indian Constitution ensure equality and social justice to the citizens of India?

Article 39 clause (a) says that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes, or in any other way, to ensure that opportunities for securing justice are not denied to …

Why do you think the constitution has provided the reservation to some sections?

The objective of providing reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs) in services is not only to give jobs to some persons belonging to these communities. It basically aims at empowering them and ensuring their participation in the decision-making process of the State.

Why is reservation in the Constitution against the law?

In nutshell, reservation is not against the Constitution. the equality you are talking about is just a legal or juridic equality, which doesn’t take into account justice. Secondly, the Constitution itself provides for reservation policy in favor of certain sections (Article 15 (4), 15 (5), 16 (3), 16 (4) ).

Is reservation a fundamental right?

The Supreme Court Must Note That Reservation Is a Fundamental Right Equality is not only a fundamental right under Article 14, but also a goal enshrined in the preamble and a part of the basic structure of the constitution.

Can we change the reservation system in India?

India is a Democratic country. The laws can be changed to suit the people of our country by passing a bill in the parliament. Yes, we can indeed change the “reservation system” in our country. But the funda behind those laws of equality is that they serve a better purpose than what they are actually meant to do.

Can reservation in state services be made under Article 16(1)?

Thus, reservation in state services in favour of backward classes may be made under Article 16 (1) too, as it is based on the premise of equality.