Article 14 of the Constitution of India and Important Case Laws | Important Acts and Laws for Judiciary Exams PDF Download

Article 14 of the Constitution of India

• Article 14 of the Constitution of India ensures equality before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth.
• It mandates that every Indian citizen should be treated equally by the law without any discrimination.
• This fundamental right emphasizes the principle of equality and fairness in the legal system.

Elaboration on Article 14

• Equality before the Law: This principle ensures that every individual, regardless of their background, is subject to the same laws and treated equally.
• Prohibition of Discrimination: Article 14 prohibits any form of discrimination based on various factors such as religion, race, caste, sex, or place of birth.
• Example: For instance, if two individuals commit the same crime, Article 14 ensures that they are treated equally by the justice system, irrespective of their social or personal characteristics.

Key Points of Article 14

• Equality Principle: Ensuring equal treatment under the law for all citizens.
• Non-Discrimination: Prohibiting bias based on religion, race, caste, sex, or place of birth.
• Legal Equality: Demanding fair and just laws that apply to everyone without prejudice.

Concept of Rule of Law

• Rule of law ensures that every individual in the country, whether a common citizen or a government official like the president or prime minister, is treated equally under the legal system.
• According to the principle of rule of law, if any person commits an act that is not legally justified, they should face the consequences as per the law without any special treatment.
• In the eyes of the law, no one is above the law, and everyone is subject to the same legal standards and accountability.
• The concept of rule of law was introduced by A. V. Dicey in his book 'The Constitution of England'.

Equality Before Law: Overview

• Equality before the law, a fundamental concept in English law, adopts a negative approach.
• This principle asserts that individuals should not face unequal treatment under the law.
• It emphasizes that all people, as independent beings, must receive equal treatment from the legal system.
• Furthermore, it ensures that everyone is subject to the same laws of justice, promoting fairness and impartiality.
• The law aims to prevent any form of privilege or discrimination against any individual or group.

Importance of Equality Before Law

• Equality before the law upholds the essential principle of justice and fairness in society.
• It guarantees that legal rights and obligations apply uniformly to all individuals.
• By ensuring equal treatment, it fosters a sense of trust and confidence in the legal system.

Examples of Equality Before Law

• For instance, in a court of law, all individuals are entitled to a fair trial regardless of their background.
• Similarly, laws against discrimination based on race or gender exemplify the application of equality before the law.

Exceptions to Equality Before Law

• The President and Governor Enjoy Special Privileges:
  • The President is not held accountable for actions performed in the scope of his official duties.
  • No criminal proceedings can be initiated against the President during their term in office.
  • Neither the President nor the Governor can be arrested or imprisoned during their term.
  • Actions taken in their personal capacity cannot lead to civil proceedings against the President or Governor while in office.
• Protection for Reporting Parliament Proceedings:
  • Individuals who publish accurate reports of parliamentary proceedings in newspapers or articles are protected from criminal or civil actions.
• Immunity for Parliament Members:
  • If a member of parliament expresses opinions or votes disliked by others within parliament, they are shielded from civil or criminal proceedings.
• Immunity for State Legislature Members:
  • Similar protections extend to members of state legislatures; they cannot face civil or criminal actions for their statements or votes within their respective bodies.

In these circumstances, certain officials and individuals are granted legal immunities to ensure the smooth functioning of governmental processes and protect freedom of expression within legislative bodies.

Article 14 (2) Equal Protection of Laws

• Equal Protection of Laws
  • Concept originating from the American Constitution
  • Emphasizes that laws should not universally apply to all
  • Advocates for laws that ensure equal treatment for all individuals
  • Illustrative Example: Treating two children of different ages equally in terms of education and healthcare
• Classification for Equal Treatment
  • Classifying individuals based on needs for fair treatment
  • States the necessity of differentiation based on specific circumstances
  • Legal Test: State of Bombay v. F.N. Balsara
    • Intelligible differentia - Reasoning behind differentiation
    • Rational nexus - Relationship between classification and its purpose
• Evolving Legal Doctrines
  • Shift from a restrictive to a dynamic approach post-1970
  • New Doctrine: Expands on old principles
  • Highlighted in E.P. Royappa v. State of Tamil Nadu
  • Emphasis on reasonableness and equality in state actions
• Article 14 Interpretation
  • Ensures equal protection of the law to every individual in India
  • Strikes at arbitrariness in state actions
  • Includes principles of natural justice and rule of law
  • Significant Cases: Menka Gandhi v. Union of India
• Fundamental Rights in India
  • Enshrined in Part III of the Indian Constitution
  • Foundation of the Constitution along with Directive Principles of State Policy
  • Protection against illegal use or destruction of fundamental rights
  • Article 32: Heart and Soul of the Constitution

Article 14 signifies an integral component of the basic structure of the Constitution of India, guaranteeing fairness, equality, and non-arbitrariness in state actions.

Case Laws dealing with Article 14 of the Constitution of India

Case of Air India vs Nargesh Meerza

In this case, the rule for termination of Indian Airlines stipulated that an air hostess had to retire under certain conditions:

• When she turns 35
• When she gets married within 4 years of her service
• When she gets pregnant

• The court ruled against this policy, deeming the termination of an air hostess based on pregnancy as discriminatory and unreasonable. The court highlighted that pregnancy was not a valid reason for termination since marriage was allowed according to Air India regulations. This rule was found to violate Article 14 of the Constitution, rendering such terminations invalid.

Case of Harsh Mander v UOI

• This judgment brought about a change regarding begging. Previously, various forms of begging were criminalized under the Bombay Prevention of Begging Act, 1959. However, the judgment, based on the right to equality under Article 14, resulted in the removal of approximately 25 sections of the same Act.

• The court emphasized that begging is not a disease but a reflection of societal stigma, leading to its criminalization. Criminalizing begging was viewed as an infringement on the fundamental rights of impoverished individuals, potentially affecting their access to basic necessities like food and shelter.

Case of National Legal Service Authority [NALSA] v UOI

• In this case, the National Legal Services Authority of India (NALSA) advocated for providing identity to individuals outside the male/female binary, including the third gender.

• The court addressed discrimination against transgender individuals, asserting that Article 14 of the Constitution aims to ensure equal rights for all citizens in gender-neutral terms.

Conclusion

• Article 14 of the Indian Constitution stands as a cornerstone among the Fundamental Rights outlined in Part 3. Its significance lies in its provision of equality to all individuals, regardless of factors such as caste, gender, or religion.
• This article encompasses two critical components: equality before the law and equal protection of the law, both of which are integral.
• Under this provision, no individual is exempt from the law; all must adhere to its provisions. However, it's important to note that the equality outlined in Article 14 is not absolute but rather pertains to equality among equals.
• The objective behind enacting such laws is to ensure that people derive maximum benefits from them, without any form of unjust classification.
• There have been various advancements made under Article 14, primarily aimed at eradicating biases entrenched in societal mindsets. This article can be regarded as having a broad scope in its application.