Article 14: A Transformative Outlook | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• When we delve into the intricacies of Article 14 of the Indian Constitution, we encounter a fundamental principle:
• "The State must ensure equality before the law and equal protection of laws for all individuals within India."
• Over time, the interpretation of this provision has evolved, broadening its scope through new judicial doctrines.
• Article 14, intertwined with progressive constitutionalism, plays a pivotal role in shaping contemporary legal discourse.
• Recent judicial trends reflect a progressive stance, particularly in advancing the rights of marginalized groups like women and minorities.
• This discussion aims to scrutinize the concepts of classification under Article 14 and their relevance in today's context, viewed through the lens of transformative constitutionalism.

The Reasonable Classification Under Article 14

• Article 14 of the Indian Constitution ensures equality before the law and equal protection of laws to all individuals within the country.
• It incorporates the principles of rule of law from British jurist Prof. Dicey and the "equal protection of law" clause from the 14th Amendment of the U.S. Constitution.
• The article is divided into two main parts: equality before the law and equal protection of laws.
• Equality before the law ensures that no individual is exempt from legal provisions, while equal protection of laws guarantees that individuals are treated equally under the law.
• Although class legislation is prohibited, a reasonable classification is allowed under Article 14.
• The Indian Supreme Court has consistently applied the theory of classification to assess the constitutionality of laws and state actions under Article 14.
• A classification is permissible when it is based on a clear differentia that sets the grouped individuals apart from others, and this differentia must have a rational relation to the objectives of the law.
• For a classification to be valid, it must be rational, lawful, and based on a just rationale.
• Over time, the courts summarized this doctrine in various cases, although criticism emerged regarding the limitations of the nexus test.
• Some scholars argued that the nexus test was not suitable for certain situations, such as statutes that target specific individuals or where unequal treatment does not necessarily constitute discrimination.
• The burden of proof lies with the petitioner to demonstrate that the differential treatment lacks a valid basis.
• While the nexus test remains relevant, it should be interpreted in light of new developments and considerations.

Expanding Horizons of Equality

Introduction to a New Doctrine of Equality

• The court adopted a more positivist and activist stance in the EP Royappa case.
• Justice Bhagwati emphasized that equality is a dynamic concept with various aspects.
• Equality should not be restricted within traditional limits but should be viewed in an evolving manner.

Guarantee Against Arbitrariness

• Article 14 was interpreted as a guarantee against arbitrariness.
• Equality and arbitrariness were seen as opposing concepts.
• Actions deemed arbitrary were considered violative of Article 14.

Broadening Interpretation of Article 14

• The doctrine of arbitrariness expanded the understanding of Article 14.
• No longer necessary to establish a classification and its connection to the end goal.
• Unreasonable actions directly contradicted Article 14.

Evolution of Interpretations

• Courts' approaches varied leading to diverse interpretations of Article 14.
• Emphasis on reasonableness and fairness as essential components.
• Non-compliance with natural justice principles amounted to arbitrariness violating Article 14.
• All individuals in similar circumstances should be treated equally in terms of privileges and liabilities.

Transformative Constitutionalism: A Path Towards Societal Change

• Definition of Constitution: The constitution serves as the foundational law of a country, outlining key political principles, government powers and duties, fundamental rights, and citizen responsibilities. It acts as a legal and moral framework that sets limits on governmental authority.
• Importance of Constitutionalism: Constitutionalism emphasizes the need for a balanced government with checks on its powers to prevent abuse. Without constitutionalism, there's a risk of authoritarian rule and the loss of government legitimacy.
• Introduction to Transformative Constitutionalism: Coined by Karl Klare, transformative constitutionalism focuses on using laws and judicial processes to bring about societal and political transformation towards democracy, participation, and equality.
• Role of Transformative Constitutionalism: This approach aims to reshape the legal system to protect individual rights and freedoms, with the judiciary playing a central role as a catalyst for social change.
• Objective of Transformative Constitutionalism: The goal is to create a just and humane society by addressing social injustices and building conditions that align with principles of social justice.
• Right to Equality: The right to equality, enshrined in Article 14, is a fundamental aspect of social reform. Recent judicial activism in cases like decriminalizing adultery and homosexuality demonstrates the judiciary's assertive stance in promoting equality.

Examples

• Decriminalization of Adultery: In Joseph Shine v. Union of India, the Supreme Court's ruling decriminalized adultery, marking a significant step towards gender equality and personal freedom.
• Decriminalization of Homosexuality: The case of Navtej Johar & Ors. v. Union of India led to the decriminalization of homosexuality, affirming the rights and dignity of LGBTQ+ individuals.
• Invalidation of Instant Triple Talaq: Shayara Bano v. Union of India declared instant triple talaq unconstitutional, safeguarding the rights of Muslim women and promoting gender equality.