Explain the exceptions to general principals of equality provided under Article 15 and Article 16 of the Constitution

Article 15 prohibits the discrimination on grounds of religion, race, caste, sex or place of birth.

a)    The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

b)   No citizen shall on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any of them, be subject to any disability, liability, restriction or condition with regard to-

1.     access to shops, public restaurants, hotels and places of public entertainment; or

2.    The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public.

The general exceptions for this rule are, 1. Special provision for women and children:- Article 15 clause (3) says that nothing in article 15 shall prevent the state from making any special provision for women and children. The reason is that “women’s physical structure and performance of maternal functions place her at a disadvantage at the struggle for subsistence and her physical well-vigor of the race.

3.    Special provision for advancement of backward class: - Clause (4) of Article 15 constitutes another exception for the general rule laid under Article 15 of the Constitution. Under this clause, the State is empowered to make special provisions for the advancements of any special provisions for the advancements of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. The provision made in clause (4) of article 15 is only an enabling provision and does not impose any obligation on the State to take any special action under it. It merely confers a discretion to act if necessary by way of making special provision for backward classes.

Article 16 deals with the rule of equality of opportunity in matters of public employment.

1.     (1)There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

2.    (2)No citizen shall, on grounds of 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.

The following are the exceptions for the general rule;

1.     Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a state or union territory, any requirement as to residence within that state or Union territory (1) prior to such employment or appointment.

2.    Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion with consequential seniority, to any classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the state, are not adequately represented in the services under the state.

What are the Fundamental Duties provided in part IV of the Constitution

Article 51 A of the constitution specifies a code of ten Fundamental Duties for citizens. It was added to the constitution by the 42^nd Amendment act, 1976. Article 51 states that, it is the duty of every citizen of India

a.    To bide by constitution and respect its ideals and institutions, the National Flag and National Anthem;

b.    To cherish and follow the noble ideals which inspired our national struggle for freedom;

c.    To uphold and protect the sovereignty, unity and integrity of India;

d.    To defend the country and render national service when called upon to do so;

e.    To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

f.     To value and preserve the right heritage of our composite culture;

g.    To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creature;

h.    To develop the scientific temper, humanism and the spirit of inquiry and reform;

i.     To safeguard public property and abjure violence;

j.     To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievements

The Fundamental Duties are intended to serve as a constant reminder to every citizen that while the Constitution specifically conferred on them certain Fundamental rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behavior. However there are contentions that this view is wrong. The performance of one’s duties even in partial disregard of one’s rights and privileges has been traditional in this country.

The duties incorporated in the Constitution by the 42^nd amendment are statutory duties and shall be enforceable by law. Parliament, by law, will provide penalties to be imposed for failure to fulfill those duties and obligations. For the proper enforcement of duties, it is necessary that it should be known to all. This should be done by a systematic and intensive education of the people that is by publicity or by making it a part if the syllabi and curriculum of education.

In M.C. Mehta v. Union of India, the Supreme Court has held that it is the duty of the central government to teach compulsory lessons at least for 1 hour a week on protection and improvement of natural environment in all the educational institutions in the country.

What is the objectives behind the directive principles of state policy?

The Directive Principles of State Policy contained in Part IV of the Constitution set out the aims and objectives to be taken up by the States in the governance of the country. The State must keep in mind these directive principles while formulating laws. They lay down certain social, economic and political principles, suitable to our peculiar conditions prevailing in India.

These principles should be pursued by the various governments in India and these principles thereby imposes certain obligations on the state to take positive action in certain directions in order to promote the welfare of the people and achieve economic democracy.

The main object in enacting the directive principles appear to have been to set standards of achievements before the legislature and the executive, the local and other authorities, by which their success of failure can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the polls.

They however does not impose any pattern of economic or social order. They lay down the goals which may be achieved through various means which have to be devised from time to time.

Discuss the restrictions on freedom of movement

The State may impose reasonable restrictions on freedom of movement on two grounds:

1.     In the interest of general public,

2.    For the protection of the interest of scheduled Tribes.

In State of M.P. v. Baldeo Prasad, the Court held – A law providing for experiment of ‘dangerous character’ from a particular locality cannot be called reasonable if it does not specially define as to what is meant by dangerous character as it gives the administrative authority arbitrary power to determine as to whether a citizen is of dangerous character.

The right of a citizen to move freely may also be restricted for the protection of the interest of “Scheduled Tribes”. As the tribes have their own culture, language, customs and manners, it is necessary to impose restriction upon the entry of outsiders to these areas.

In Rajneeh Kumar v. Union of India, it has been held that the requirement of wearing helmet is not a restriction on freedom of movement of citizen. The paramount objective of wearing helmet is to save his life.

Comment on “EQUAL PAY FOR EQUAL WORK”

In Randhir Singh v. Union of India, it has been held that equal pay for equal work, although not expressly declared to be a fundamental right clearly a constitutional goal under Articles 14,16 and 39(c) of the Constitution and can be enforced by the courts in cases of unequal scales of pay based on irrational classification. This doctrine is equally applicable to temporary or casual employees performing the same duties and functions also.

But this right is not absolute. Although the nature may be the same, the works may differ in degrees of performance, the quantity may be the same but the quality may be different etc. In F.A.I.C. and C.E.S v. Union of India, it was held that different pay scales fixed for stenographers grade 1 of Central Secretariat and those attached to the heads of subordinate offices on the basis of recommendations of the Third Pay Commission was not violative of Articles 14 and 16 of the Constitution.

The duties and responsibilities of stenographer’s grade 1 were of much higher nature than that of the stenographers attached to the subordinate offices. It has also been held that seniority cannot be claimed from the date when the vacancy arises but will be fixed on the basis of date when actual appointment is made.

What are the constitutional provisions to prevent exploitation of children?

Article 24 of the Constitution prohibits employment of children below 14 years of age in factories and hazardous employment. Apart from this provision, Article 39 of the Constitution imposes upon the State an obligation to ensure that the health and strength of workers men and women and the tender age of the children are not abused and that citizens are not forced by economic necessary to enter avocations unsuited to their age and strength.

In People’s Union for Democratic Rights v. Union of India, it was contented that the Employment of children in the construction work of Asiad Projects in Delhi since construction industry was not a process specified in the schedule to the children Act. The Court rejected this contention and held that the construction work is hazardous employment therefore under article 24 no children below the age of 14 years can be employed in the construction work even if construction is not specified in the schedule to the Employment of Children Act, 1938.

In pursuance to the above duty the Employment of Children Act, 1938 and The Child Labour (Prohibition and Regulation) Act, 1986, have been enacted. This article however does not prohibit their employment in any innocent or harmless job or work. In a landmark judgement in M.C. Mehta v. State of Tamil Nadu, the Supreme Court has held that children below the age of 14 years cannot be employed in any hazardous industry, mines or other works and has laid down exhaustive guidelines how the State authorities should protect economic, social and humanitarian rights of millions of children, working illegally in public and private sections.

Whether right to privacy is a fundamental right in India?

The “right to privacy” or the right to be let alone is guaranteed by article 21 of the constitution. The Supreme Court has expressly held this in R. Rajagopal v. State of T.N, popularly known as the “Auto Shanker case”. A citizen has the right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing etc. among other matters.

None can publish anything regarding the above matters without his consent whether truthful or otherwise. The rule is subject to an exception that if any publication of such matters are based on public record including court record, it will be un-objectionable.

Although right to privacy is a fundamental right under Art.21 of the Constitution, it is not an absolute right and restrictions can be imposed on it for the prevention of crime, disorder or protection of rights and freedom of others.