Introduction
Article 14 to 18 of the constitution guarantee the right to equality to every citizen of Indian. Article 14 embodies the general principles of equality before law and prohibits unreasonable discrimination between persons article 14 embodies the idea of equality expressed in the preamble the succeeding Article 15, 16, 17 and 18 lay down specific application of the general rules laid down in Article 14 and Article 15 relates to prohibition of discrimination on grounds of religion, race, sex or place of birth.[1]
1. Right To Equality (Article 14-18)
1.1 Equality before the law (Article 14) [2]
Article 14 treats all people the same in the eyes of the law. This Article is described in two parts wich states and commands the State not to deny to any person equality before the law. Another part of it also commands the State not to deny the equal protection of the laws.
1.1.1 This provision states that all citizens will be treated equally before the law and avoids any kind of discrimination.
1.1.2 The law of the country protects everybody equally.
1.1.3 Under the same circumstances, the law will treat people in the same manner.
1.2 Prohibition of discrimination (Article 15)
This article prohibits discrimination in any manner. This article secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or of them.
1.2.1 No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be subject to any liability, disability, restriction or condition with respect to:
1.2.1.a Access to public places
1.2.1.b Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the general public
1.2.2 The article also mentions that special provisions can be made for women, children and the backward classes notwithstanding this article.
1.3 Equality of opportunity in matters of public employment (Article 16)
Article 16 provides equal employment opportunities in State service for all citizens.
1.3.1 No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race, religion, caste, sex, place of birth, descent or residence.
1.3.2 Exceptions to this can be made for providing special provisions for the backward classes.
1.4 Abolition of untouchability (Article 17)
Article 17 prohibits the practice of untouchability.
1.4.1 Untouchability is abolished in all forms.
1.4.2 Any disability arising out of untouchability is made an offence.
1.5 Abolition of titles (Article 18)
Article 18 abolishes titles.
1.5.1 The State shall not confer any titles except those which are academic or military titles.
1.5.2 The article also prohibits citizens of India from accepting any titles from a foreign State.
1.5.3 The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur, Khan Bahadur, etc.
1.5.4 Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok Chakra, Param Vir Chakra do not belong to this category.
2. Article 14 [3]
Article 14 treats all people the same in the eyes of the law. This Article is described in two parts wich states and commands the State not to deny to any person equality before the law. Another part of it also commands the State not to deny the equal protection of the laws.
1.1.This provision states that all citizens will be treated equally before the law and avoids any kind of discrimination.
1.2.The law of the country protects everybody equally.
1.3.Under the same circumstances, the law will treat people in the same manner.
The doctrine of Article 14 of the Indian Constitution, encapsulating the right to equality before the law and equal protection of the laws, is a foundational principle that underpins the democratic and just fabric of the nation. This article serves as a cornerstone in the chapter on fundamental rights, affirming the commitment of the Indian state to treat all individuals, citizens and non-citizens alike, with fairness and impartiality.
1.4 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.
1.4.1 Case law - Sanjeev coking mfg co. vs Bharat cooking coal ltd.(1983 AIR 239)[4]
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.
2.Historical Context and Framing of Article 14
The drafters of the Indian Constitution, led by Dr. B.R. Ambedkar and the Constituent Assembly, recognized the significance of equality as a fundamental value in the creation of a just and inclusive society. Drawing inspiration from various sources, including the ideals of the French Revolution and the Universal Declaration of Human Rights, they enshrined the principle of equality in Article 14.
3.Text and Scope of Article 14
The scope of Article 14 is broad and encompasses all aspects of State action, including legislation, executive action, and administrative action. The State is prohibited from discriminating against any person on any ground, including religion, race, caste, gender, place of birth, or any other personal characteristic. The provisions of Article 14 apply to all State actions, whether they are enacted by the Parliament or by the State legislatures. The article also applies to executive and administrative actions of the State, such as the issuance of licenses, permits, or approvals, and the provision of government services.
4.Equality Before the 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.
5. 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
5.1. Absence of arbitrarypower 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.
5.2. 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.
5.3. 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
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
2.1 Member of armed forces are controlled by military laws, similarly.
2.2 Medical practitioners are subjects to the regulations framed by the medical council of India.
2.3 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.Equal Protection of the Laws
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 circumstances 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.
7.Reasonable Classification
Article 14 guarantee equal protection of laws and they are:
7.1.Neither means that the laws need to be general in character nor that it should be applicable to everyone, which means, the same law applies to every person.
7.2.It does not assess attainment or situations in the same position. Different classes have various needs that require separate treatment.
7.3.For safety and security different laws for varying places and legitimate control policies enacting laws lie at the best interest of the state.
7.4.Identical treatment in unequal situations, in fact, would amount as inequality.
Therefore for the society to progress a reasonable classification is not only permitted but also necessary. Article 14 forbids class legislation but not reasonable classification. The article applies on the reasonable basis, equals are treated differently. The article does not apply where unequals and equals are given different treatments.
8.Judicial Interpretation and Evolution of the Doctrine
The interpretation and application of Article 14 have evolved through a series of landmark judicial decisions. Courts have played a pivotal role in shaping and refining the doctrine of equality. The "test of reasonable classification" and the "intelligible differentia" have become guiding principles in determining the constitutionality of laws under Article 14.
9. Landmark Cases:
9.1.Kesavananda Bharati v. State of Kerala (1973): This case affirmed the basic structure doctrine and recognized that equality is part of the basic structure of the Constitution. It emphasized that the power to amend the Constitution does not extend to altering its basic structure, which includes the principle of equality.[5]
9.2. Maneka Gandhi v. Union of India (1978 AIR 597): The Supreme Court in this case expanded the scope of Article 14 by interpreting the right to travel as a fundamental right. It held that any law depriving a person of personal liberty must be just, fair, and reasonable, thus linking Article 14 with other fundamental rights.[6]
9.3. E.P. Royappa v. State of Tamil Nadu (1974 AIR 555): The court, in this case, introduced the concept of arbitrariness as a facet of equality. It held that arbitrariness is the antithesis of equality and that the state action must not be arbitrary, unfair, or unreasonable.[7]
9.4. Indra Sawhney v. Union of India (AIR 1993): The Mandal Commission case addressed the issue of reservations in public employment. The court, while upholding the concept of affirmative action, reiterated that reservations must not violate the basic structure of the Constitution and must be based on intelligible differentia.[8]
9.5. State of West Bengal v. Anwar Ali Sarkar (AIR 1952 SC 75): This early case laid the foundation for the doctrine of reasonable classification. It established that a law can be valid if there is a reasonable classification and the classification has a rational relation to the object sought to be achieved by the law.[9]
10.Challenges and Contemporary Relevance
While Article 14 remains a beacon of justice, there are challenges in its effective implementation. Socio-economic disparities, discrimination, and challenges in the criminal justice system pose threats to the realization of substantive equality. The judiciary continues to grapple with striking a balance between individual rights and the societal goals of affirmative action and welfare measures.
11.Challenges:
11.1. Economic Inequality: Despite legal provisions, economic inequality remains a significant challenge, affecting access to justice and opportunities. The intersectionality of socio-economic factors often exacerbates disparities.
11.2. Social Discrimination: Deep-rooted social prejudices and discrimination based on caste, religion, gender, and other factors persist, impacting the effective enforcement of equality.
11.3. Criminal Justice System: Issues such as police brutality, arbitrary arrests, and disparities in the application of criminal laws highlight challenges in ensuring equal protection of the laws.
11.4. Affirmative Action: The debate over reservations and affirmative action policies continues, with concerns about reverse discrimination and the need for a more nuanced approach.
12.Future Directions and Imperatives
As India continues its journey towards a more equitable society, certain imperatives and future directions emerge in the context of the doctrine of Article 14.
13. Imperatives:
13.1. Access to Justice: Ensuring equal access to justice for all, irrespective of socio-economic status, is imperative. This includes legal aid, speedy trials, and reforms in the criminal justice system.
13.2. Education and Awareness: Promoting education and awareness about rights and legal remedies is crucial for empowering individuals to assert their right to equality.
13.3. Inclusive Policies: Designing and implementing inclusive policies that address the diverse needs of the population without perpetuating stereotypes is essential..:
13.3.(a). Global Collaboration: Collaborating with the international community and learning from global best practices can inform domestic efforts to strengthen the doctrine of equality.
14.Conclusion
In conclusion, the doctrine of Article 14 stands as a sentinel guarding the gates of justice, ensuring that the principles of equality are not mere lofty ideals but actionable rights for every individual. Its evolution through judicial interpretation, responsiveness to contemporary challenges, and the recognition of intersectionality demonstrate its adaptability and relevance .in a dynamic society. As India charts its course towards a more just and inclusive future, the doctrine of Article 14 remains a guiding light, reminding the state of its constitutional duty to treat every person with equality before the law and provide equal protection of the laws
15. Citation
[1] Constitution of India Act, 1950
[2] Byjus, India available at https://byjus.com/free-ias-prep/right-to-equality/ (last visited January 7, 2024)
[3] Indian kanoon , India available at https://indiankanoon.org/doc/257876/ (last visited January 7, 2024)
[4] Manupatra Articles, India available at https://articles.manupatra.com/article-details/Article-14-Equality-Before-Law-and-Equality-protection-of-the-law (last visited January 7, 2024)
[5] Indian kanoon, India available at https://indiankanoon.org/doc/1766147/ (last visited January 7, 2024)
[6] Indian kanoon, India available at https://indiankanoon.org/doc/1327287/ (last visited January 7, 2024)
[7] Indian kanoon, India available at https://indiankanoon.org/doc/1363234/ (last visited January 7, 2024)
[8] Indian kanoon, India available at https://indiankanoon.org/doc/1156606/ (last visited January 7, 2024)
[9] Indian kanoon, India available at https://indiankanoon.org/doc/184660633/ (last visited January 7, 2024)
