polity medium Fill in the Blank

Constitutional Morality 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 ______ to address historical disadvantages.

  1. 15(4) and 16(4)
  2. 19(1) and 21
  3. 32 and 226
  4. 368 and 392

Answer: 15(4) and 16(4)

Substantive equality and Constitutional Morality: (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 to address structural inequalities, (iii) M. Nagaraj (2006), Davinder Singh (2024): Refined reservation jurisprudence balancing equality with merit, administrative efficiency, (c) Constitutional Morality principle: Equality not uniformity; reasonable classification permitted to address substantive inequalities; dignity requires recognizing and remedying historical disadvantage, not just formal neutrality, (d) Applications: (i) Reservation in education/employment, (ii) Gender justice measures (Vishaka, Shayara Bano), (iii) Disability rights (RPwD Act), (iv) LGBTQ+ protections (Navtej Singh Johar). Illustrates transformative constitutionalism: using constitutional provisions to advance substantive equality for marginalized groups.

Topic Constitutional Morality - Article 14 Substantive Equality
Exam Relevance Substantive equality and constitutional morality frequently asked in UPSC and SSC exams