Indian Polity, TLP-UPSC Mains Answer Writing
Q. 1. “The Indian Constitution is not merely a legal text but a living, breathing document that evolves with societal needs.” Examine this statement with reference to the judicial interpretation of the ‘Right to Equality’ under Article 14. (150words, 10 marks)
Introduction
The Indian Constitution was not meant to be static—it was designed to adapt to changing societal needs. Article 14, the Right to Equality, reflects this evolving nature through progressive judicial interpretation, making the Constitution a truly living document.
Body
Indian Constitution Is a Living Document
- Flexible wording helps it grow: The use of broad, open-ended terms allows for reinterpretation over time. Example: Words like “liberty” and “equality” were given expansive meaning in Maneka Gandhi v. Union of India (1978).
- Courts keep it updated: The judiciary interprets the Constitution to respond to new challenges. Example: In K.S. Puttaswamy v. Union of India (2017), the Supreme Court declared the Right to Privacy as a fundamental right.
- Amendments allowed, but with limits: The Constitution allows changes while safeguarding core values. Example: Kesavananda Bharati v. State of Kerala (1973) established the Basic Structure doctrine.
- PILs connect it with people: Public Interest Litigations have brought social issues into constitutional discourse. Example: In MC Mehta v. Union of India, the court used PILs to enforce environmental rights.
Right to Equality
Article 14 guarantees equality before the law and equal protection of the laws. Courts have interpreted this to mean not just formal equality, but substantive fairness—recognising diverse needs and removing barriers that hinder real equality. This broader view has supported reservations, gender justice, and LGBTQ+ rights.
How Judiciary Interpreted Right to Equality Over Time
- Laws must not be arbitrary: Article 14 ensures that state actions must be fair, reasonable, and non-arbitrary. Example: In E.P. Royappa v. State of Tamil Nadu (1974), the Court held that arbitrariness is antithetical to equality.
- Different groups need different treatment: The principle of reasonable classification allows positive discrimination for justice. Example: In Indra Sawhney v. Union of India (1992), reservations for OBCs were upheld to achieve substantive equality.
- Same work means same pay: The right to equality includes equal pay for equal work, regardless of job status. Example: In Randhir Singh v. Union of India (1982), the Court extended equal pay to temporary employees.
- Women must be treated fairly: Any law or policy that reinforces gender stereotypes violates equality. Example: In Anuj Garg v. Hotel Association of India (2008), the Court struck down a law barring women from working in bars.
- LGBTQ+ community has equal rights: Sexual orientation is protected under equality, dignity, and non-discrimination. Example: In Navtej Singh Johar v. Union of India (2018), Section 377 was read down to decriminalize consensual homosexual acts.
- Transgender persons are equal citizens: The right to self-identify gender is integral to dignity and equality. Example: In NALSA v. Union of India (2014), the Court recognized the third gender and affirmed their constitutional rights.
Conclusion
Through Article 14, the Constitution shows its living spirit—adapting and evolving to serve justice. Judicial interpretations have made the Right to Equality a powerful weapon against injustice in a changing society.