General Introduction: Article 14 provides equality before law or equal protection of the laws to all persons within the

territory of India. It includes the equal subjection of all persons to the ordinary law of the country, as well as equal treatment of persons in similar circumstances. The latter allows the State to classify persons for legitimate purposes on the ground that there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to the object sought to be achieved by the classification. Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place of birth, or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special care and protection. Article 16 provides equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them. It also empowers the State for making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the States. This is to ensure that there is adequate representation in public services under the State. The main purpose of this write-up or article is to scrutinize a special provision made by the Government of India relating to a Special Nagaland Civil Service Recruitment Drive which has attracted the attention of the people in Nagaland at present. Let us see the following Articles for better understanding before looking into a Special Nagaland Civil Services Recruitment Drive for the 10 less represented tribes of the State. 1. Right to equality: Article 14: It provides for Equality before law and Equal protection of laws within the territory of India. Article 14 of the Indian constitution declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. It means that law treats equally all individuals without any discrimination right from the top to the bottom. All persons are treated equally in the equal and similar circumstances. The phrase equality before the law is of English origin and equal protection of the law is taken from American constitution. Both the phrases appear to be same, but they do not convey the same meaning. The former has a negative concept towards having and showing of special privilege in favor of individuals where as the latter has a more positive concept implying equality of treatment in equal circumstances (Sheoshanker vs. State of M.P. AIR., 1951 Nagpur 53). 1.1. Certain exceptions to the rule of law The above rule of equality is not absolute rule and following are certain exceptions: 1. Equality before the law does not mean that the powers of the private citizens are the same as the powers of the public officials. 2. The rule of law does not prevent certain classes of persons being subject to special rules. Thus, members of the armed forces are controlled by military laws and so also, medical practitioners are subjected to the regulations framed by medical council of India. Article 361 of the Indian constitution affords immunity to the

President of India and the state Governors from the institution of criminal proceedings against them resulting into process for the arrest and imprisonment during their terms of office with their official duties and functions. 3. Certain members of society are governed by special rules in their professions, such as lawyers, doctors, nurses, members of armed forces and police. Such classes of people are treated differently from ordinary citizens. 1.2. Reasonable classification The legislature has a power to exercise its discretionary power and make classification of the sections of people for the purpose of giving protection without interference of the court. A guarantee of equal treatment of persons in equal and similar circumstances permits differentiation in different circumstances. It is a fact that the principle of equality does never mean that every law should have universal application for all persons. A reasonable classification is important free from arbitrariness and irrationality. The following are important grounds for having reasonable classification: (i) the classification should be founded on intelligible differentia which distinguishes those who are grouped together from the rest, and (ii) differentia should have a rational relation to the object sought to be achieved. Relevantly and contextually, reasonable classification depends on the object of legislation, in a sense, one cannot talk exhaustively about the circumstances or criteria, because our human society is dynamic that always needs a change along with the changing outlook of the people and for the same our Indian constitution stands. 2. Prohibition of Discrimination: Article 15: (1) The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to(a) access to shops, public restaurants, hotels, and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes. (5) Nothing in this article or in sub-clause (g) of Article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30. The following may be pondered on: Clause (3) of Article 15: It empowers the state for making any special provisions for the protection and advancement of women and children. The clause (4) of Article 15: It enables the state to make any special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Clause (5) of Article 15: It empowers the State for making any special provision, by law, for the advancement

of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions. 3. Equality of Opportunity in matters of Public Employment Article 16: (1) There shall be Equality of Opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this Article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office [under the Government of, or any local or other authority within, a State or Union Territory, any requirement as to residence within that State or Union Territory] prior to such employment or appointment. (4) Nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the States. (4-A) Nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion [with Consequential seniority] to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which. In the opinion of the State, are not adequately represented in the services under the State.] [(4-B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4-A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of 50% reservation on total number of vacancies of that year.] The following may be pondered on: Clause (4) of Article 16: It empowers the State for making any provision for the reservation of appointment or posts in favour of backward class of citizens which in the opinion of the State is not adequately represented in the services under the State. Clause (4-A) of Article 16: The ruling of the Supreme Court in Indra Sawhneys case became detrimental to the interest of the Scheduled Castes and Scheduled Tribes as it was confined to the initial appointment only having excluded promotion. The constitution (Seventy Seventh Amendment) Act, 1995, inserted a new clause (4-A) in Article 16 with a view to making reservation even in promotion. Clause (4-B) of Article 16: A new clause (4-B) in Article 16 has been added by the constitution (81st Amendment) Act, 2000 which empowers the State to look into backlog reserved vacancies due to the non-availability of eligible candidates and carry forward for a maximum period of three years. The Carry Forward Rule was upheld as valid by the Supreme Court so long as the actual reservation in a particular year does not exceed 50% except in certain extra-ordinary situations.

Concluding Remarks and Findings: 1. Article 14 of Indian Constitution guarantees the general right of equality; Articles 15 and 16 are instances of the same right in favour of citizens in some special circumstances. Article 15 is more general than Article 16, the latter being confined to matters relating to employment or appointment to any office under the State. Article 15 does not mention descent as one of the prohibited grounds of discrimination as Article 16 does (Gazula Dasaratha Rama Rao Vs. State of A.P. AIR., 1961 SC., 564). 2. Chief Justice Ray stated categorically that Article 14, 15, and 16 form part of a string of constitutionality guaranteed rights supplementing each other. The Court admitted that clause (1) of Article 16 permits classification and special provisions can be made under it for handicapped or disadvantaged groups other than backward classes. The Mandal Commission case, approves that the classification of backward classes into backward and more backward classes so as to make special provision for protection and empowerment. 3. In the light of above discussion from constitutional point of view, our Naga brothers and sisters should look into the matters relating to a Special Nagaland Civil Services Recruitment Drive for the 10 less represented tribes of the State. 4. To my understanding grounded in Constitutional law of India, the present Government of Nagaland is working within the ambit of Indian Constitution which is dynamic in nature. Undoubtedly, one can say that it is one of the ways, making towards the achievement of the goal of constitution as embodied in its preamble, fundamental rights and Directive principles of State Policy, moving towards welfare state. Perhaps, our Naga brothers and sisters should come together and help those who are still behind and underprivileged, through various measures and instruments, and hence, we can witness to the true emerging of egalitarian society, which in fact, is the main vision of the framers of our Indian constitution. 5. Constitutionally speaking, whether such provision made particularly, for those 10 tribes is constitutional or unconstitutional and whether it will amount to the violation of the fundamental rights of those who are not included within the category for such treatment has to be decided by the Court of Law, if there is dissatisfaction over such provision. However, in my opinion, such provision is constitutional and hence it needs to be looked very constructively. 6. Our Indian Constitution provides certain provisions for the welfare of deprived Sections of society which is known as affirmative action or reservation policy or protective discrimination or positive discrimination. The aims and objectives of the Constitution, the general agreement and compromises arrived at in the constituent Assembly are reflected in the various Articles and provisions relating to underprivileged and disadvantaged sections of people, e.g., the Preamble, Articles 38 and 46 of the Directive Principles of State Policy, Articles 14, 15 and 16 of the fundamental rights and Articles 338 and 340 of the Constitution of India. 7. The objectives embodied in the preamble of the Constitution, like justice relating to social, economic, and political; and equality of status and opportunity are specially relevant and related to the advancement of the weaker sections or disadvantaged or underprivileged sections of society. Our Indian Constitution promises not only political democracy, but also social democracy as envisioned Dr. Ambedkar and etc. 8. While speaking of the importance of Indian Constitution, one can see in the following statements: Our Indian constitution is an organic document and it is intended to serve as a guide to the solution of changing problems which the Court may have to face from time to time. Naturally, in a progressive and dynamic society the shape and appearance of these problems are bound to change with the inevitable

consequence that the relevant words are used in the Constitution and may also change their meaning and significance. That is what makes the task of dealing with constitutional problems dynamic rather than static [(Sajjan Singh Vs. State of Rajasthan (1965) I.S.C.R. p. 932 at p. 948.)] The law is an instrument of social change and let me Quote Justice Bhagwati, If the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law which stands in the way of its growth. Law must, therefore constantly be on the move adapting itself to the fast changing society and not lag behind.