1.

Explain the scope of the following rights:(a) Equality before law(b) Equality of opportunity in matters of Public Employment.

Answer»

(a) Equality before law: 

Article 14 guarantees to every person, “equality before the law or the equal protection of the laws within the territory of India.” The Constitution forbids discrimination between persons placed in similar circumstances or conditions. The Supreme Court has directed the Parliament to create Special Courts for the speedy trial of offences committed by persons holding high offices. 

(b) Equality of opportunity in matters of Public Employment: 

Article 16, lays down that there shall be equal opportunity for citizens, “in matters relating to employment or appointment to any office under the State”. There shall be no discrimination against any citizen on grounds of religion, race, caste, sex, place of birth residence or any of them in respect of any employment under the State. 

There are however three limitations: 

1. For State employment, the parliament may make laws prescribing any requirement as to ‘residence’. Posts which require a knowledge of the locality and of the language of the area are confined to it, 

2. For members from backward classes, not adequately represented in the services under the State, the State may reserve posts for them, 

3. There may be a law which requires that the holder of an office of any religious institution shall be a person professing that particular religion.



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