Article Overview
Right to Equality
An in-depth analysis of Article 14, which guarantees the right to equality before the law and equal protection of the laws to all persons within the territory of India, ensuring fairness and non-discrimination.
Constitution of India
Part III
Fundamental Rights
Right to Equality
Article 14 - Equality before law.
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Explanation/Comment -
Article 14 provides, within the boundaries of India, the State shall not deny anyone's right to equal treatment under the law or to equal protection of the laws.
Democracy's fundamental tenet is equality before the law, which presupposes the absence of any form of prejudice without justification. Equal protection under the law would also imply that "likes should be treated similarly among equals and the law should be applied equally among equals..." It refers to the right to receive the same treatment under comparable conditions, including rights granted and obligations imposed by laws. Although classification is not forbidden, it shouldn't be arbitrary. Every person, whether a citizen or a foreigner, is granted rights under this clause. The term "person" also refers to legal entities such statutory corporations, businesses, registered societies, and other legal entities.
The phrase "equality before the law," which has its roots in Britain, refers to everyone being equally subject to the regular laws of the land as administered by conventional law courts and that no one is above the law. The phrase "equal protection of the law," which has its roots in the American Constitution, refers to the idea that everyone should be treated equally under the law, including in terms of the rights granted to them and the obligations they are subject to. It also refers to the application of the same laws to everyone who is in a similar situation.
According to the Supreme Court, Article 14 does not apply in situations where equals and unequals are treated differently. Although class action legislation is prohibited by Article 14, the law may nonetheless reasonably classify people, things, and transactions. The categorization, however, shouldn't be arbitrary, fictitious, or evasive. Instead, it should be founded on a clear difference and significant distinction.
Natural justice principles are intended to restrain the state or its agents from using their authority arbitrarily.
Ref. KESAR ENTERPRISES LTD vs. STATE OF U.P. & ORS.
Source: https://main.sci.gov.in/jonew/judis/38186.pdf
The geographical or unique circumstance-based categorisation will be valid. A classification would undoubtedly be reasonable and sensible if it supported the operation of contemporary society and would not violate Article 14.
Ref. INDIRA SAWHNEY vs. UNION OF INDIA AND ORS.
Source: https://main.sci.gov.in/jonew/judis/16589.pdf
Natural resources are considered to be public property or a national asset, and as such, the State is required to distribute them in a manner consistent with the values of equality and public trust while ensuring that no action is done that may be harmful to the public interest.
Ref. 1: Centre for Public Interest Litigation and others vs. Union of India and others
Source: https://main.sci.gov.in/jonew/judis/39041.pdf
Ref. 2: Manohar Lal Sharma vs. The Principal Secretary & Ors
Source: https://main.sci.gov.in/jonew/judis/41841.pdf
A fundamental aspect of the Constitution, the Right to Equality symbolises the Rule of Law.
Ref. M. Nagaraj & Others vs. Union of India & Others
Source: https://main.sci.gov.in/jonew/judis/28160.pdf
For more and detailed understanding of Article 14, visit the shared link of "JANHIT ABHIYAN vs. UNION OF INDIA" Case -
Source: https://main.sci.gov.in/supremecourt/2019/1827/1827_2019_1_1501_39619_Judgement_07-Nov-2022.pdf
Official updated version of Constitution of India - https://legislative.gov.in/constitution-of-india
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