Community and Law
III. Community and Law:-
Community means the people living in one particular area of people who are considered as a unit
because of their common interest, background of nationality. India is one community, so law made
in the territory of India shall be uniform, without any discrimination. In this regard, our constitution
has guaranteed many rights. There is provision for single citizenship in India which focuses that
India is one community only; there is no scope for any discrimination. This non-discrimination is not
absolute, but provided with some exceptions.
1. Non-discrimination:- The preamble of the constitution sets that the goal of the constitution and
secure to all citizens equality: (i) of status (ii) of opportunity; and (iii) to promote among them all
justice, liberty, equality and fraternity. The goal set by preamble is extended by Articles 14 to
18 of the Constitution. Art. 14 provides for equality before law and equal protections of the
laws. Art. 15 provides for prohibition of discrimination on grounds of religion, race, case, sex or
place of birth. Art. 16 provides for equality of opportunity in matters of public employment, Art.
17 provides for abolition of untouchability.
2. Reservation for rural area is unconstitutional:- Reservation for candidates coming from rural
area is unconstitutional but for those who come from Hills and Uttarakhand area is valid. It was
observed by the Supreme Court that these areas were instances of socially and educationally
backward class citizens.
3. No advantage of reservation on conversion to non-reserved class:-The Supreme Court has held
that the advantage of reservation to any reserved class person will not be available on
conversion to non-reserved class.
4. No reservation on basis of domicile:- The Constitutional Bench of the Supreme Court has held
that reservation on the basis of domicile is not permissible in terms of Art. 15(1) of the
Constitution as there does not exist any separate State domicile in India, Supreme Court has
specifically banished residential requirement for purpose of admission into PG medical courses
for all times. (Saurab Chaudri vs. UOI (2003)
