Is differentiation permissible under the right to equality?

The Supreme Court of India granted plots of land for 318 retired employees stating that the company violated the right to equality by granting the same to a few employees and not the rest.

Which law governs equality in India?

The right to equality is present in Articles 14, 15 and 16 of the Constitution of India, 1950.

Are there any exceptions to the right to equality?

Affirmative action is permissible under India’s equality jurisprudence. This means that the Government can make special provisions for uplifting the marginalised sections of the society. The right to equality demands that equals must be treated equally, and unequals must be treated unequally.

How is a classification considered valid?

For a classification to be considered valid under the law, two standards must be met:

• There must be a just objective which is to be achieved.
• There should be a rational nexus between the classification and the object to be achieved.

Can private persons violate the right to equality?

The responsibility of ensuring equality lies with the State. Thus, only the State can be held liable for violation of the right to equality. The State includes all branches of the Government such as municipalities and panchayats, and also includes Government-run agencies and companies.