Author: Haroon Khalil
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Meaning of Equality
Our survey above helps us: (i) differentiate between equality and other similar concepts such as equity or identity of treatment, proportion or balance, uniformity, etc. (ii) make a distinction between formal, procedural and substantive equality; and (iii) locate different dimensions of equality such as civil, economic, gender, legal, natural, political, racial, social, etc. Equality is…
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A Brief History of Equality and Inequality
Historically speaking, concept of equality or inequality has been always debated. While Plato thought of and advocated inequality originating in the form of three classes—representing the philosophic mind, the courageous spirit and the acquisitive stomach, Aristotle emphatically argued for slavery as representing accumulated wisdom of generations. Equality, as we understand today, was not the same…
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Substantive Equality
Substantive equality or equality of outcomes may be treated as a very radical end of egalitarianism. While formal equality seeks legal equality and procedural equality seeks equality of initial circumstances, substantive equality looks for equality of outcomes. While equality of opportunities is concerned with initial conditions, equality of outcomes is concerned with results. Equality of…
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Procedural Equality
Equality of opportunity relates to initial conditions or circumstances with which people start and seek various facilities, rights and outcomes. Equality before law or equal protection of law provides legal conditions of enjoying equal access to various facilities and means. Formal equality implies equality of human beings as possessor of rights and liberties or equality…
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Formal Equality
Equality has meant different things to different people in history. Its meaning has changed accordingly. For example, as Emile Burns says, ‘In the Greek city states, the idea of the equal rights of men did not apply to slaves.’2 Similarly, the slogan of ‘equality’ contained in the French Declaration appropriately meant equality of the rising capitalist…
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Formal Equality, Procedural Equality and Substantive Equality
Equality is fairness in distribution or apportionment of political, economic, social and legal values such as rights (e.g. right to information or right to vote), opportunities (e.g. opportunity to education, employment, etc.), or outcomes (e.g. equal wage for equal work). Equality can be procedural or substantive. Procedurally, equality stands for equality of opportunity irrespective of the outcome,…
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Introduction
We have discussed principles of liberty and rights. Individuals require rights and liberties for self-realization, development of human faculties or for self-mastery and carrying out their actions rationally and freely. Rights guarantee liberties and set limits of intervention by public authorities in the actions of the individuals and groups. For example, freedom of speech also…
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Statutory Right
Looking at the array of rights provided by the Constitution of India under Part III and the desirable moral, social and welfare commitments under Part IV, we can but agree with Granville Austin that ‘Indian Constitution is first and foremost a social document.’94 Austin describes these two parts as ‘the conscience of the Constitution.’ In a…
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Rights under the Indian Constitution
The Constitution of India provides Fundamental Rights as a charter of not only individual rights but also of group rights. This could be obvious from the dimensions and types of rights provided by the Constitution. Rights for religious, cultural and linguistic groups have been provided. Secondly, rights given to individuals also fall under two categories…