Article 14 of the Indian Constitution enshrines the principle of equality before the law and equal protection of the laws, forming the cornerstone of the right to equality in India. It reads:
"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
Key Features:
Equality Before Law:
Derived from the English concept of Rule of Law.
Implies that no individual, regardless of rank or status, is above the law.
Promotes the idea that all persons are subject to the same set of laws and judicial processes.
Equal Protection of Laws:
Borrowed from the American Constitution.
Requires that similar situations be treated alike and that unequal treatment must have a reasonable basis.
Encourages positive discrimination or affirmative action, allowing the State to make special provisions for underprivileged sections of society to ensure real equality.
Scope:
Article 14 applies to all persons, including citizens, non-citizens, and corporations.
It extends to both substantive and procedural laws.
Judicial Interpretations:
Reasonable Classification:
The principle allows for classification if it is based on intelligible differentia (a clear distinguishing factor) and has a rational nexus to the objective sought to be achieved.
Example: Special laws for children, women, and economically weaker sections.
Prohibition of Arbitrary Action:
The State's actions must not be arbitrary; they should have a valid legal basis and serve a legitimate objective.
The Supreme Court has held that arbitrariness violates Article 14.
Affirmative Action:
The State can implement policies like reservations in education, employment, and political representation for backward classes to promote substantive equality.
Landmark Cases:
Maneka Gandhi v. Union of India (1978):
Expanded the scope of Article 14, linking it with Articles 19 and 21, emphasizing due process and the right to a fair trial.
E.P. Royappa v. State of Tamil Nadu (1974):
Justice Bhagwati's interpretation emphasized that equality is antithetical to arbitrariness.
Indira Sawhney v. Union of India (1992):
Upheld the validity of reservations for Other Backward Classes (OBCs), balancing equality with social justice.
Exceptions:
Special provisions for certain groups (e.g., SC/ST, women, and children) are not considered a violation of Article 14.
The President and Governors have specific immunities under the Constitution.
Conclusion:
Article 14 establishes the foundation of a fair and just society by ensuring equality while accommodating reasonable distinctions to promote social welfare. It harmonizes the ideals of formal and substantive equality, making it one of the most significant provisions of the Indian Constitution.
