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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 person 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,
exc
ept 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 rights. 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 reservation 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
develop to its fullness. The recent communal clashes and
accusations on Minorities raises a question that whether
the constitutional rights are exercised well? There is
no political will or leadership to pursue the cause of
the Minority Community. ( To be continued.)
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