Article 14 of the Indian Constitution embodies the principle of equality before the law and is a manifestation of the larger concept of justice and fairness in the country. It ensures that every individual is provided with the same legal protections under the laws of the country, thus prohibiting discrimination.
Here's a breakdown of Article 14, often referred to as the "general equality clause":
Article 14: Equality Before Law
1. Text of the Article: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
2. Two-fold Aspects: Article 14 encapsulates two concepts:
Equality Before Law: This is a negative concept suggesting that every individual, irrespective of their status or class, is equal before the law. It is akin to the English Law principle where "no man is above the law".
Equal Protection of the Laws: This is a more positive concept, drawing from the American Constitution, ensuring that equal protection should be given to equals in equal circumstances. It allows the State to classify individuals for legitimate purposes, provided there is a rational basis for such classification.
3.Permissibility of Classification: While Article 14 ensures equality, it does not mean that all laws must be generic and apply to everyone without any differentiation. The State can treat different classes of people differently, but such treatment should not be arbitrary. Any classification should meet two conditions:
- It must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group.
- The differentia must have a rational relation to the objective sought to be achieved by the statute in question.
4. Prohibition of Arbitrary Action: Beyond the traditional classification test, Article 14 also prohibits arbitrariness in state actions. Any action of the State or law enacted which is arbitrary will be in violation of the equal protection of the law.
5. Landmark Cases:
Anwar Ali Sarkar Case (1952): The Supreme Court declared that while the legislature can treat different classes differently, such classification should never be arbitrary and should always be based on some differences that are relevant to the subject matter of the legislation.
E.P. Royappa v. State of Tamil Nadu (1974): The Court observed that equality is a dynamic and evolving concept, and any arbitrary action of the State would violate the equality principle.
In essence, Article 14 strives for a balance between ensuring the equal treatment of every individual and allowing the State to make justifiable classifications for efficient governance. It stands as a bulwark against arbitrary actions, reinforcing the principles of fairness, justice, and respect for all individuals under the Indian Constitution.
