Article 18 Part 3 – Fundamental Rights and Duties

Article 18 – Right to equality

(1)

All citizens shall be equal before law. No person shall be denied the equal protection of law.

(2)

There shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds.

(3)

The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters.

Provided that, nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.

Explanation

With reference to this Part and Part 4, “financially deprived” means the person having the income less than prescribed in the Federal law.

(4)

There shall not be any gender discriminations regarding remuneration for the same work and social security.

(5)

There shall be no gender discrimination regarding the right to parental property with regard to all family members.

Legal Insights & Jurisprudence

Constitutional Analysis & Interpretation

Equality Before Law Equal Protection of Laws Affirmative Action / Substantive Equality

1. Doctrinal Concept & Legal Meaning

Article 18 operationalizes both formal equality (equal protection without discrimination) and substantive equality (affirmative action). The proviso to clause (3) empowers the state to enact special legislative quotas and developmental interventions for historically marginalized groups including Dalits, women, indigenous nationalities, Madhesis, Tharus, Muslims, and economically backward Khas Arya.

2. Purpose & Constitutional Significance

Guarantees equitable social transformation and inclusive representation in state machinery. Clause (5) decisively establishes equal parental inheritance rights for sons and daughters without gender bias.

3. Judicial Precedents & Court Practice

The Supreme Court has issued historic directives on civil service quotas, holding that affirmative action is not an exception to equality but an indispensable instrument for achieving genuine egalitarian justice.

4. Related Constitutional & Legal Provisions

Civil Service Act (Reservation Provisions)
Caste-Based Discrimination and Untouchability Act, 2011
National Civil Code, 2017