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Srishti MishraAIR 95· 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 judgements.

Open scan (p.14)

Main Body

Equality is one of the major premises made by the Constitution - drawn from the Indian population. However, this equality is not limited to formal equality, it encompasses the socio-economic and political aspects as well. Formal Equality: 1. This consists of equality before the law and equal protection of the law. 2. It invokes equal treatment of similar people and no prejudice or favour to anyone.

Substantive equality is one that expands positive liberty and creates a situation of enhanced opportunity for all through positive action by State. Substantive Equality: 1. Reservation provisions for socially and educationally backward class (SC/ST) and OBC of Constitution. 2. Mandal Justice: India country to OBC 27% reservation is caste based judgement. 3. 103rd CAA -> EWS reservation at 10% for economically backward section. 4. CS cultural & educational rights for preservation of minority culture and Indian concept of secularism; sub-sectional issue (equality of women), Triple Talaq Case. Thus, Indian concept of equality involves proactive involvement of State actors to ensure justice and expand the opportunities of all individuals in society.

— Srishti Mishra · AIR 95

176 words1 paragraphs
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Topper

Srishti Mishra

AIR 952023

Subject & Paper

GS2GS2

Topic

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

Fundamental Rights

Equality

Writing Stats

176

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