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MEDHA ANANDAIR 13· 2023

Question 5GS2GS2

Equality under the Indian constitution is not merely about formal equality. It also incorporates the idea of substantive equality. Discuss this statement in light of constitutional provisions and relevant Supreme Court judgments.

Open scan (p.14)

Introduction

Art 14 of the Indian constitution provides for Equality Before law and Equal Protection of law, but that is only the tip of the iceberg.

25 words

Main Body

Equality in Constitution: - Art 14, 15 Equality, no discrimination - Art 29, 30 Cultural equality - Art 15, 23, 29 Ubiquitous SC, ST Incorporating ideals of substantive equality: (1) N.M Thomas case - Court gave explicit directions of adhering to the principles of substantive equality. (2) Constitutional Morality - In Ramakrishnan Prasad case SC held that constitutional authors also ubiquitouism and would work in favour of citizens. (3) Differential access - through cases like Maneka Gandhi (50% ceiling), Lok Pranaayi case (upholding EWSreservation) SC ensured substantive justice.

3Differential access - through cases like Maneka Gandhi (50% ceiling), Lok Pranaayi case (upholding EWSreservation) SC ensured substantive justice. (4) Reducing 'locus standi' principle - PIL has now become a source of enjoying substantive equality. Ex - Hunsainnaur Khatoon case, 40,000 undertrial were set free in Bihar. (5) Ensuring distributive Justice: Ex - in Pradeep Tarun case, law on "son of soil" principle were declared unconstitutional. c Right to environment - part of equality (M.C. Mehta Case) - as it lead to differential liabilities on rich and poor. g Progressive ideals - descriminalizing section 377 (Navtej Jauhar case), vitalizing guideline have ensured substantive justice. Thus, substantive equality is the north star of constitutional morality (Justice Chandrachud)

— MEDHA ANAND · AIR 13

205 words1 paragraphs

Conclusion

Thus, substantive equality is the north star of constitutional morality (Justice Chandrachud)

12 words

Diagram

Diagram showing different types of equality under Indian Constitution: Art 14, 15 (Equality, no discrimination), Art 29, 30 (Cultural equality), Art 15, 23, 29 (Ubiquitous SC, ST)

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MEDHA ANAND

AIR 132023

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Right to Equality

Writing Stats

242

Total words

1

Paragraphs

analytical

Tone

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine