There are many theocratic countries where equal rights are not extended to
all of its citizens. They have categorized citizens according to their
believes. The rights are also attached differently, we must thank the fathers
of our constitution who envisioned equal rights to all citizens and added
special rights to Religious and Linguistic Minorities
The Indian constitution guarantees equal rights to all its
citizens, violation of which by the State or Central Government can be
challenged in the High Court or Supreme Court as per the Article 32 of the
Constitution, such cases are taken up with utmost urgency. Article 14 of the
constitution states that, ‘the State shall not deny to any pers on equality
before the law or the equal protection of the laws within territory of India.’
It gives equal status to all citizens in freedom and dignity. It further makes
clear in Article 15, ‘the state shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth, or any of them, and
it offers, ‘equal access to public facilities.’ The 93rd amendment added a new
clause - Clause 5 - to Article 15. This enables the enactment of laws, making
special provisions for the socially and educationally backward classes, the
Scheduled Castes and the Scheduled Tribes in educational institutions including
private educational institutions, except in minority institutions.
It is good to understand the Directive Principles and Fundamental
Rights. ‘Fundamental rights are legally enforceable and guaranteed rights but``
directive principles are not enforceable in any court of law. But under article
31-C, a DP may be framed as law even if it abridges fundamental r ights. The
42nd amendment act allowed DPs to usurp FPs.’ Therefore the reservation policy
is a directive principle and it can be formulated as per the requirements. It
makes clear that the policy on r eservation is a directive principle to help a
socially week entity to become better.
The constitution positively undermined the division of
opportunities on the basis of birth to any particular entity. It provides equal
opportunities in employments which is made clear in Article 16 ‘there shall be
equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the state’. It also spells out in clear terms
that, ‘no citizen shall on grounds only of religion, race, caste, sex, descent,
place of birth, resident or any of them be ineligible for or discriminated
against in any respect of any employment or office under the State.’
It is also to be noted that the constitution provides an additional
provision to the government to enact laws to make sure that no section of the
society is left out. The Article 16(4) point out that ‘Nothing in this article
shall prevent the State from making any provision for the reservation of posts
in favour of any backward class of citizens, which in the opinion of state is
not adequately represented in the services under the state’. The constitution
has not defined in clear terms what does it mean by backwardness and how do we
determine the backwardness. It has definitely raised questions.
Education is seen as the only means to progress for an individual and society
at large. So the Article 29 states that ‘no citizen shall be denied admission
into any educational institution maintained by the State or receiving aid out
of the State funds on ground only of religion, race, caste, language, or any of
them.’ It gives a feeling that unaided educational institutions does not bind
by this Article. But opportunity is equally distributed to all.
The constitution of India is very clear in terms of Minority
Rights. The Indian Constitution very well protects the minorities and it
provides opportunity to develo p to its fullness. The recent communal clashes
and accusations on Minorities raises a question that whether the
constitutional20rights are exercised well? There is no political will or
leadership to pursue the cause of the Minority Community.
Fr. Anand Muttungal
