Exceptions to Equality

Introduction

Supreme court of India guarantees the Citizens of India right to equality by all means. But right to equality is not just, there are few major exceptions of this right.

As a responsible citizen and a candidate who preparing for the government exams in India, It’s our duty to be aware about the exception to equality. If you also here to know about the exceptions of right to equality, then please read this article entirely for all the related information.

So, let’s start-

Provisions Under Right to Equality

If we want to know about the provisions related to the right to equality, then we have to look at the article 12 of the Indian constitution. This guarantees the right to equality before the law and equal protection of the law. This is available for all persons within the territory of India.

The key provisions under Article 14 of the Indian Constitution are:

Equality Before the Law

This provision ensures that all persons are equal before the law and are entitled to the same legal protection, without any discrimination based on religion, race, caste, sex, or place of birth.

Equal Protection of the Laws

This provision ensures that all the persons are entitled to the same protection of the laws, regardless of their status or position in society.

Prohibition of Arbitrariness

This provision prohibits the State from acting arbitrarily and requires it to act in a fair and just manner.

Right to A Fair Trial

This provision guarantees to all persons the right to a fair trial and due process of law, including the right to be heard and the right to a competent and impartial tribunal.

Access to Justice

This provision ensures that all persons have access to the courts and other legal remedies to enforce their rights and seek redress for grievances.

Prohibition of Discrimination

According to this provision, the State cannot discriminate against any person on the basis of some mentioned grounds such as religion, race, caste, sex, or place of birth.

Exceptions to Equality

Here are the constitutional and other exceptions to the right to equality under the Indian Constitution:

Article 361

Protection of the President, Governors, etc.: This provision grants immunity to the President, Governors, and other constitutional authorities from any legal proceedings during their term of office.

Article 361A

Protection of publication of proceedings of Parliament and State Legislatures: This provision grants immunity to publications of Parliament and State Legislature proceedings from any legal proceedings.

Article 105

This mentions about powers, privileges, etc., of the parliamentarian. The Members and Committees thereof have been granted the powers to the proceedings of Parliament. This also immutates parliamentarian members from any legal proceedings.

Article 194

Powers, privileges, etc., of the Houses of Legislatures and of the Members and Committees thereof: This provision grants immunity to the proceedings of State Legislatures and its members from any legal proceedings.

Article 31C

Saving of laws giving effect to certain directive principles: This provision allows the State to make laws implementing certain directive principles of State policy, even if they violate the fundamental rights guaranteed under the Constitution.

Apart from the constitutional exceptions, there are also certain other exceptions to the right to equality. These include diplomatic immunity from criminal proceedings for UN and its agencies, foreign sovereigns, ambassadors, and other diplomats who enjoy immunity under international law. Certain professions such as the armed forces, police, and public servants may also have specific legal provisions that allow for differential treatment in certain circumstances.

FAQ's

Q1. What are the exceptions to the right to equality under the Indian Constitution?

Ans: The exceptions to the right to equality under the Indian Constitution include reasonable classification, affirmative action, emergency powers, protection of certain constitutional authorities, and certain professions that may have specific legal provisions.

Q2. What is reasonable classification?

Ans: Reasonable classification is a constitutional exception that allows the State to make reasonable classifications of persons or objects for the purpose of achieving a legitimate state objective.

Q3. What is affirmative action?

Ans: Affirmative action is a constitutional exception that allows for positive discrimination in favor of certain disadvantaged groups, including women and minorities.

Q4. What are emergency powers?

Ans: During a national emergency, the State may suspend the right to equality and take actions that may be discriminatory or arbitrary in nature.

Q5. Who enjoys diplomatic immunity from criminal proceedings?

Ans: Diplomats, foreign sovereigns, ambassadors, and certain other officials enjoy diplomatic immunity from criminal proceedings under international law.

Q6. Can the State make laws that violate the right to equality?

Ans: The State may make laws that violate the right to equality under certain circumstances, such as when implementing certain directive principles of State policy.

Q7. Are there any exceptions to the protection of the President, Governors, and other constitutional authorities?

Ans: The President, Governors, and other constitutional authorities enjoy immunity from any legal proceedings during their term of office under Article 361 of the Constitution.

Q8. Is there any exception to the publication of proceedings of Parliament and State Legislatures?

Ans: The publication of proceedings of Parliament and State Legislatures is protected from any legal proceedings under Article 361A of the Constitution.