GK Question

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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
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