DOCTRINE OF ARTICLE 14

1.INTRODUCTION

Article 14 states 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.

So the article talk about two part one which is negative in nature and other is in positive, if we see the 1st part it says state shall not deny to any person equality before the law prohibits discrimination , it is a negative in b nature while the other equal protections of laws requires the state to make special treatment to persons in different situations in order to establish equality amongst .so it is positive in nature.

Our supreme court applied the theory of classification , which has been evolved by the American supreme court the true meaning of right to equality. As per the doctrine equal protection of laws prohibits class legislation but it permits reasonable classification. (1)

2. Equality before law -

The Concept of equality does not mean absolute equality among human beings which is physically not possible to archive it is a concept implying absence of any special privilege by reason of birth creed or the like in further of any individual, and also the equal subject of all individuals and classes to the ordinary law of the land.

Defination - According to Dr. Jennings " Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and understanding without distinctions of race, religion, wealth, Social status or political influence.(2)

3. Rule of law -

The guaramtee of equality before the law is an aspect of what dicey calls the rule of law in England, Dicey wrote " every official from the prime minister down to constable or a collector of taxes in under the same responsibility for every act done without legal justification as any other citizen

Decey gave Three meanings of the Rule of law

1. Absence of arbitrary power or supremacy of the law - It means the abosulute supremacy of law as opposed to the arbitrary power of the government. In other words - a man May be punished for a breach of law, but he can be punished for nothing else.

2. Equality before the law - It means Subjection of all classes to the ordinary law of the land administered by ordinary law courts, This means that no one is above law with the sole exception of the monarch who can do no wrong everyone in England.

3. The constitution is the result of the ordinary law of the land - It means that the sources of the right of individuals is not the written constitution but the rules as defined and enforced the courts

4. Article 14 - Equality protection of the law

The guarantee of equal protection of laws is similar to on embodied in the 14th amendment to the American constitution - Means that subjection to equal law, applying to all in the same circumstances. It only means that all persons similarly circumastance shall be treated alike, both the privileges conferred and liabilities imposed by the laws.

Meaning - Equal law should be applied to all the same situation, and there should be no discrimination between one person and another.

The words ' any person ' in Article 14 of the constitution denotes that the guarantee of the equal protection of laws is available to any person which includes any company or association or body of individuals, The protection Article 14 extents to both citizen and non - citizen and to natural persons as well as legal persons.

5. Exceptions to the Rule of law - Equality is, however, not an absolute rule and there are number of exception.

1. ' Equality before the law ' " 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

Member of armed forces are controlled by military laws, similarly.

Medical practitioners are subjects to the regulations framed by the medical council of India.

Article 361 of the Indian constitution affords an immunity to the president of india and the state Governors - Becouse Art. 361 Provides that the president or the Governor of state shall not be answerable to any court for the exercise and performance.

3. Today ministers and other executive bodies are given every wide discretionary power by statute

4. Certain Members of society are governed by special rules in their professionals, i.e Lawyers, doctors, nurses, army ete.

6. Exclusion of Article 14

The scope of right to equality under Article 14 has been considerably restricted by the 42nd Amendment Act, 1976. The New Article 31-C added by the Amendment Act provides that laws made by the state for implementing the directive principles contained in clause b or c of Article 39 cannot be challenged on the ground that they are violaive of Article 14.

Case law - Sanjeev coke mfg co. vs Bharat cooking coal ltd.

7. Article 359 (1) provides that where a proclamation of emergency is in operation the president may by order, declare that the right to move court for the enforcement of such rights conformed by part (except article 20 and 21) shall remain suspended.

Article lays down that the president and the governors are exempted from any from any criminal proceedings during tenure of their office.

Under international law, foreign sovereign and ambassadors enjoy full immunity from any judicial process.

8. CONSTITUTION

In my opinion the new doctrine doesn't differentiate article 14 , it only aim at widening the ambit of article 14 by adding arbitrary , and such arbitrary that violate the equality . the new doctrine is just the extension of old , as in the old we talk about differentia has to be derived from the act itself by the court and in new the legislation help the court in deriving it. These two doctrine show the advancement of the court that how from time thing have evolved for betterment and fro having a best interpretation of article , these doctrine doesn't act as a substitutes of each other rather it must be interpreted as reasonableness in state action ,and to maintain the dynamic concept of the equality of Indian constitution. (1)

9. Citation

1. Doctrine of article 14 available at : https://www.legalserviceindia.com/... (last visited on Nov 4, 2023)

2. Doctrine of article 14 available at : https://articles.manupatra.com)Arti.. (last visited on Nov 4, 2023)