Sakshi Education
By Srirangam Sriram, Sriram's IAS, New Delhi.
Constitution of India seeks to establish an egalitarian society on the basis of rule of law and human dignity. Equality of opportunity goes ahead of equality before law as the former tackles historically inherited inequalities by providing additional facilities for the marginalised groups.
Preamble promises equality of opportunity to all. The State is directed by the Constitution “to promote the welfare of the people and a social order in which justice, social, economic and political, shall inform all the institutions of the national life” (Article 38.1).
By an amendment in 1976, the mandate is further clarified by adding a positive duty on the State to minimize the inequalities in opportunities. Several mechanisms including preferential treatment (reservation of seats for certain identified groups in legislative bodies, in public employment and in educational institutions) have been adopted by the provisions of the Constitution itself. Equality of opportunity in matters of public employment is a guaranteed fundamental right of every citizen under Article 16. This is ensured by prohibiting under Article 16(2) all forms of discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence in respect of any employment or office under the State. Art.15 prohibits discrimination on grounds only of religion, race, caste, sex, place of birth.
The right of individuals so discriminated to seek constitutional remedies by approaching the Supreme Court is also a guaranteed fundamental right Article 32.
However, equality of opportunities is used by different individuals differently. Equality opportunity provides for a level playing field. Outcomes are a consequence of individual merit, circumstances etc. Outcomes are different invariably different. Equality of outcomes is neither desirable nor necessary.
Preamble promises equality of opportunity to all. The State is directed by the Constitution “to promote the welfare of the people and a social order in which justice, social, economic and political, shall inform all the institutions of the national life” (Article 38.1).
By an amendment in 1976, the mandate is further clarified by adding a positive duty on the State to minimize the inequalities in opportunities. Several mechanisms including preferential treatment (reservation of seats for certain identified groups in legislative bodies, in public employment and in educational institutions) have been adopted by the provisions of the Constitution itself. Equality of opportunity in matters of public employment is a guaranteed fundamental right of every citizen under Article 16. This is ensured by prohibiting under Article 16(2) all forms of discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence in respect of any employment or office under the State. Art.15 prohibits discrimination on grounds only of religion, race, caste, sex, place of birth.
The right of individuals so discriminated to seek constitutional remedies by approaching the Supreme Court is also a guaranteed fundamental right Article 32.
However, equality of opportunities is used by different individuals differently. Equality opportunity provides for a level playing field. Outcomes are a consequence of individual merit, circumstances etc. Outcomes are different invariably different. Equality of outcomes is neither desirable nor necessary.Published date : 20 Nov 2020 03:16PM
