Article 14 of the Costitution of India with Case law
Article 14 of the Constitution of India – Equality Before Law
Text of Article 14:
"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
Meaning and Scope:
Article 14 guarantees equality before the law and equal protection of laws:
Equality before law is a negative concept implying the absence of any special privilege in favor of individuals. It is borrowed from the British Constitution.
Equal protection of the laws is a positive concept implying that like should be treated alike. It originates from the American Constitution.
Together, these phrases ensure that every person (citizen or non-citizen) is treated equally under the Indian legal system.
Doctrine of Reasonable Classification:
While Article 14 prohibits class legislation, it permits reasonable classification. For a classification to be valid:
Intelligible differentia: The classification must be based on an understandable difference.
Rational nexus: The differentia must have a rational relation to the object sought to be achieved.
Important Case Laws:
1. State of West Bengal v. Anwar Ali Sarkar (1952)
Held that classification must not be arbitrary.
The West Bengal Special Courts Act was struck down as discriminatory.
2. EP Royappa v. State of Tamil Nadu (1974)
Introduced the concept that arbitrariness violates Article 14.
Equality is antithetical to arbitrariness.
3. Maneka Gandhi v. Union of India (1978)
Expanded the scope of Article 14 by linking it with Articles 19 and 21.
Any law that is arbitrary or unreasonable will violate Article 14.
4. Ajay Hasia v. Khalid Mujib Sehravardi (1981)
Emphasized that arbitrary actions by the State violate Article 14.
Held that institutions substantially financed by the government are "State" under Article 12.
5. Indra Sawhney v. Union of India (1992) – Mandal Commission Case
Upheld reservation for OBCs as a reasonable classification.
Put a 50% cap on total reservations (with exceptions).
6. Navtej Singh Johar v. Union of India (2018)
Struck down Section 377 IPC (in part) for criminalizing homosexuality.
Held that it violated equality and dignity under Article 14.
Recent Example:
Joseph Shine v. Union of India (2018)
Struck down Section 497 IPC (Adultery Law) as unconstitutional.
Held that the law was arbitrary and discriminatory against women, violating Article 14.
Conclusion:
Article 14 forms the foundation of the Right to Equality in India. It acts as a bulwark against arbitrary actions by the State and ensures fairness, justice, and non-discrimination in the application of laws. The judiciary has interpreted it liberally to strike down unjust laws and uphold the rule of law.
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