Role of the Judiciary in the Evolution of the Principle of Equality and Positive Discrimination in Education Under the Constitution of India

Abstract

Article 14 of the Constitution of India states, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Whereas, Article 15 and 16 speaks for reservation of special positions for woman, children and others. The Constitution through will of people commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws. Equality before law prohibits discrimination. It is a negative concept. Whereas, the concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all is a positive discrimination. It is a positive concept. Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally. The paper discusses the laws on equality from 1950 has evolved in nature and the how judiciary has safeguarded the interest of its people by interpreting the principle of equality at par with equity.