Article 14: Equality before Law - Summary
Date: 15 May, 2020
By: Pradeep Yadav
By: Pradeep Yadav
Index of the Article
1. Overview of Article 14
2. Understanding Article 14
3. Limitations of Article 14
a. The doctrine of Reasonable classification
>Important cases related to it.
b. The doctrine of Anti Arbitrariness
4. is Natural Justice a part of Article 14?
5. Wednesbury Principle
6. Proportionality Principle
7. Permissible classification under Article 14
8. Exceptions of Article 14
1. Overview of Article 14
2. Understanding Article 14
3. Limitations of Article 14
a. The doctrine of Reasonable classification
>Important cases related to it.
b. The doctrine of Anti Arbitrariness
4. is Natural Justice a part of Article 14?
5. Wednesbury Principle
6. Proportionality Principle
7. Permissible classification under Article 14
8. Exceptions of Article 14
Overview of Article 14
Article 14 is one of the most important Articles of the Indian Constitution. This article is the first article under the Right to Equality (Article 14-18). This Article is applied to Citizens and Non-citizens both. While the remaining Articles of Right to Equality applies only to the citizens. This article rejects any type of discrimination based on caste, race, and religion, place of birth or sex. This Article is having a wide ambit and applicability.
Article 14 guarantees Right to Equality, while Article 15 and 16 are talking about an extension of the same equality in favour of some people due to some special circumstances. This article is a part of the basic structure of the Indian Constitution as given under the judgment of the Indira Sawhney case. This article 14 must be read with Article 21. These 2 articles are the heart of Fundamental Rights. Article 14 is the Genus and Article 15 and 16 are the Species.
This article says,
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Understanding Article 14
This article is divided into 2 important parts:
1. Equality before the Law: This part of the article means that all are equal in the eyes of the law. This is a principle of English common law. The right to sue and be sued, to prosecute and to be prosecuted for the same kind of action should be the same for all citizens. This provision of the article says that Like shall be treated alike. This is a negative concept as it implies the absence of any privilege in favour of any person. This is a substantive part of the article 14, so it cannot be arbitrary.
1. Equality before the Law: This part of the article means that all are equal in the eyes of the law. This is a principle of English common law. The right to sue and be sued, to prosecute and to be prosecuted for the same kind of action should be the same for all citizens. This provision of the article says that Like shall be treated alike. This is a negative concept as it implies the absence of any privilege in favour of any person. This is a substantive part of the article 14, so it cannot be arbitrary.
2. Equal protection of the Laws: This part means that the same law will be applied to all the people who are similarly placed in the society. E.g., if someone is running a business of Tour and travel in Delhi and specific law is applied on him then that same law will also be applied on the other person who is doing the same business in Delhi. This is a positive concept as it expects a positive action from the state. This is a procedural part of article 14, so it cannot go against the natural justice principle.
Article 14 of the Indian Constitution gives the right to equality to everyone living in India.
Limitations of Article 14 (Equality before Law)
1. The doctrine of Reasonable classification: Article 14 of the Constitution is not saying that all laws will be applied to every individual, as it is not a logical way of maintaining equality. So Article 14 says that some laws will be applied to the people who are similarly placed in the society. This means that class legislation is prohibited by this article but not the Laws with reasonable classification. So the laws which are made must pass the test of Reasonable classification. The classification made by the government must not be arbitrary.
There are 2 tests which are given to pass Reasonable classification:
a. Intelligible Differentia Test: Intelligible differentia means that the classification must be based on logical reasoning. For example in the Indian Penal Code, a child below the age of 8 won’t be penalized for any offence. This is a classic example of intelligible differentia as a child of 8 and below that age has got no understanding of what is right or wrong.
b. Rational relation: After following the test of intelligible differentia, there must be a rational relation between the goal of the legislation and the intelligible differentia done by the lawmakers.
a. Intelligible Differentia Test: Intelligible differentia means that the classification must be based on logical reasoning. For example in the Indian Penal Code, a child below the age of 8 won’t be penalized for any offence. This is a classic example of intelligible differentia as a child of 8 and below that age has got no understanding of what is right or wrong.
b. Rational relation: After following the test of intelligible differentia, there must be a rational relation between the goal of the legislation and the intelligible differentia done by the lawmakers.
Important Cases related to the Doctrine of Reasonable Classification
* State of West Bengal v. Anwar Ali Sarkar, AIR 1952In this case, the state of West Bengal enacted a law for the speedier trial of certain offences. Section 5(1) gave the powers to the state to set up special courts and allow the cases as per its wish. Anwar Ali was arrested related to a raiding case. The state government allowed the case to be handled by the special court. This was challenged by Anwar Ali. The court gave the decision that Section 5 (1) of the Act was void as it goes against the provision of reasonable classification of Article 14. The court said that there must be guidelines made by the law for classifying the cases for speedier trials.
* Kathi Raning Rawat v. State of Saurashtra, AIR 1952In this case, Kathi was convicted under different sections of IPC and sentenced to 7 years of rigorous imprisonment. She was tried by a special court under a special law which gave its object as “Public safety, public order and preservation of peace and tranquillity”. The Supreme Court held the law as valid. It was not violative of Article 14, as it has done reasonable classification.
2. The doctrine of Anti Arbitrariness: The scope of article 14 was increased by the Supreme Court by including the executive discretion under its watch. In the case of E.P. Royappa v. State of Tamil Nadu, AIR 1974, the court said that Article 14 gives a guarantee against the arbitrary actions of the State. The Right to Equality is against arbitrariness. They both are enemies to each other. So it is important to protect the laws from the arbitrary actions of the Executive.
In the Maneka Gandhi v. Union of India, AIR 1978, Justice Bhagwati said that Equality is against the arbitrariness of State action. So this doctrine ensures equality of treatment.
In the Maneka Gandhi v. Union of India, AIR 1978, Justice Bhagwati said that Equality is against the arbitrariness of State action. So this doctrine ensures equality of treatment.
Right to Equality irrespective of Gender is the core of Article 14.
Q: Is Natural Justice a part of Article 14?
Yes, All the Principles of Natural Justice are a part of Article 14. The Principles of Natural Justice includes many things like no man can be a judge in his case and Right to be represented by a Lawyer. In the case of A.K. Kraipak v. Union of India the court said that the Principle of Natural Justice helps in the prevention of miscarriage of Justice. These Principles also check the arbitrary power of the State.
Wednesbury and Proportionality Principle in Article 14
There are times when State while making legislation gives the power of classification to the executive. In those cases, there are 2 situations which can emerge.
1. Cases in which there is no policy or directions to the executive then it will be void.
2. Cases in which there are directions given to the executive in the Act itself to follow while exercising its power of classification.
In the second type of cases, the executive must pass these principles of Proportionality and Wednesbury.
1. Cases in which there is no policy or directions to the executive then it will be void.
2. Cases in which there are directions given to the executive in the Act itself to follow while exercising its power of classification.
In the second type of cases, the executive must pass these principles of Proportionality and Wednesbury.
What is Wednesbury Principle?
Wednesbury is a principle which is to be followed when the executive is given a power of reasonable classification in an Act. The discretion of the executive must be in good faith in which it was intended to be made. The executive needs to be honest and they must follow relevant steps while deciding. While deciding the executive must follow these 3 rules:
1. The decision of the executive must not be illegal.
2. It should not be irrational.
3. It should not be improper.
1. The decision of the executive must not be illegal.
2. It should not be irrational.
3. It should not be improper.
What is the Principle of Proportionality?
This Principle means that there should be a reasonable proportion of measures used while curtailing the Fundamental rights of an individual for an important purpose to be achieved. The executive cannot arbitrarily use their powers. They cannot curtail the Fundamental rights more than necessary to achieve their objectives. The object which they try to achieve must be relevant.
Q: What will be included as a permissible classification under Article 14?
- Different treatment for different parts of society is permissible if the classification is reasonable.
- If there is no Legislative Policy then both the law and classification under it will be invalid.
- There is a constitutional presumption in favour of the law. If someone is claiming that a law is against Article 14 then he must prove the invalidity of that legislation.
- The classification must be based on intelligible differentia between the people on which the law applies and the people on which it doesn’t apply. Later there must be reasonable nexus between the law and the basis of the classification.
Exceptions of Equality before Law: Article 14
Following are the exceptions of Article 14:
1. The President and the Governors are not answerable to any court on the exercise of their powers and duties. No Civil or Criminal proceedings can take place against them during their terms of office. In civil cases, a notice must be served for 2 months before starting any proceedings against them for the acts done by them in their capacity - Article 361 (1-3).
2. Members of the Parliament and State Legislatures are not liable for anything done or said in the house (Article 105-194)
3. No civil or criminal proceeding should take place against a person for publishing a report related to the proceedings of the Lok Sabha, Rajya Sabha or any State Legislature in the newspaper, TV or Radio which is substantially true.
4. Heads of foreign Countries and their ambassadors enjoy immunity from any proceedings in the country.
5. The United Nations and its other organs also enjoy diplomatic immunity.
6. Article 31C is an exception for some laws from Article 14.
1. The President and the Governors are not answerable to any court on the exercise of their powers and duties. No Civil or Criminal proceedings can take place against them during their terms of office. In civil cases, a notice must be served for 2 months before starting any proceedings against them for the acts done by them in their capacity - Article 361 (1-3).
2. Members of the Parliament and State Legislatures are not liable for anything done or said in the house (Article 105-194)
3. No civil or criminal proceeding should take place against a person for publishing a report related to the proceedings of the Lok Sabha, Rajya Sabha or any State Legislature in the newspaper, TV or Radio which is substantially true.
4. Heads of foreign Countries and their ambassadors enjoy immunity from any proceedings in the country.
5. The United Nations and its other organs also enjoy diplomatic immunity.
6. Article 31C is an exception for some laws from Article 14.
Article 14 is making sure that like shall be treated alike and unlike shall not be treated alike. This is the soul of Article 14. It is not guaranteeing absolute equality in any way. It guarantees similar treatment for the people of a similar class or classification.
