polity medium Fill in the Blank

Administrative law has guided the evolution of Article 14 (equality before law) from formal equality to substantive equality, recognizing that treating unequals equally may perpetuate injustice — requiring affirmative action under Articles 15(4) and ______ to address historical disadvantages.

  1. 16(4)
  2. 19(1)
  3. 21
  4. 32

Answer: 16(4)

Substantive equality in administrative law: (a) Formal equality: Early cases interpreted Article 14 as treating likes alike; classifications must be rational, based on intelligible differentia, (b) Substantive equality evolution: (i) Indra Sawhney (1992): Upheld OBC reservation with creamy layer exclusion; recognized historical disadvantage requires affirmative action to achieve real equality, (ii) Articles 15(4), 16(4): Enable special provisions for SC/ST/OBC in education/employment to address structural inequalities, (iii) M. Nagaraj (2006), Davinder Singh (2024): Refined reservation jurisprudence balancing equality with merit, administrative efficiency, (c) Administrative law application: (i) Proportionality test ensures affirmative action measures are rational, necessary, balanced, (ii) Natural justice ensures fair procedure in implementing reservations (e.g., creamy layer determination), (iii) Judicial review checks arbitrary exclusion/inclusion in reservation lists, (d) Principle: Equality not uniformity; reasonable classification permitted to address substantive inequalities; dignity requires recognizing and remedying historical disadvantage, not just formal neutrality, (e) Applications: Reservation in education/employment, gender justice measures (Vishaka, Shayara Bano), disability rights (RPwD Act), LGBTQ+ protections (Navtej Singh Johar). Illustrates transformative administrative law: using administrative principles to advance substantive equality for marginalized groups.

Topic Administrative Law - Article 14 Substantive Equality Application
Exam Relevance Substantive equality in administrative law frequently asked in UPSC and SSC exams