Article 14: Equality Before Law
Notes
Art. 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." It applies to all persons, including citizens, foreigners and legal persons.
- Equality before law (British origin) is a negative concept. It means no special privileges for anyone and equal subjection of all to ordinary law.
- Equal protection of laws (US 14th Amendment) is a positive concept. It means equals must be treated alike in like circumstances, and unequals may be treated differently.
Rule of Law (A.V. Dicey): (i) supremacy of law over arbitrary power, (ii) equality before law, (iii) the Constitution is the result of individual rights as defined by courts. The Supreme Court held Rule of Law is part of the basic structure.
Exceptions to equality before law
- Art. 361: The President and Governors are not answerable to any court for the exercise of official powers. No criminal proceedings can be started against them in office, and civil proceedings need two months' notice.
- Art. 105 and 194: Parliamentary and legislative privileges.
- Foreign diplomats and sovereigns enjoy immunity.
- Art. 31C: laws giving effect to certain Directive Principles.
Evolution of Art. 14
- Traditional view: reasonable classification (see Topic 23).
- New concept: Arbitrariness (E.P. Royappa v State of Tamil Nadu, 1974): equality is antithetical to arbitrariness. Any arbitrary State action violates Art. 14.
- Maneka Gandhi (1978): Art. 14, 19 and 21 form a "golden triangle"; State action must be fair, just and reasonable.
- Shayara Bano (2017): triple talaq struck down as manifestly arbitrary.
- Navtej Singh Johar (2018): Section 377 IPC decriminalised for consenting adults.
- Joseph Shine (2018): adultery law (Sec. 497 IPC) struck down.
- Doctrine of legitimate expectation and promissory estoppel are also linked to Art. 14.
Key Points
- Applies to all persons, including legal persons like companies.
- Equality before law = British, negative. Equal protection = US, positive.
- Arbitrariness test: Royappa (1974).
- Art. 361 immunity for President and Governors.
- Part of the basic structure.
MCQ
Q1. The concept of "equal protection of the laws" in Art. 14 is borrowed from:
(a) British Constitution
(b) US Constitution
(c) Irish Constitution
(d) Weimar Constitution
Ans: (b). The US 14th Amendment. "Equality before law" is British.
Q2. In which case did the Supreme Court hold that arbitrariness is antithetical to equality?
(a) A.K. Gopalan
(b) E.P. Royappa
(c) Champakam Dorairajan
(d) Golaknath
Ans: (b). E.P. Royappa v State of Tamil Nadu (1974).
Q3. Under which Article are the President and Governors immune from court proceedings for official acts?
(a) Art. 105
(b) Art. 194
(c) Art. 361
(d) Art. 368
Ans: (c). Art. 361.