Right to Equality (Article 14 of Indian Constitution)

Importance of Article 14

• Justice P.N. Bhagwati highlighted its significance as a vital principle for the Republic.
• Ensures the head of the state is not necessarily from a privileged family, promoting inclusivity.
• Supports a republican form of government where anyone can aspire to top positions, regardless of background.

Historical Context and Intentions

• Framers of the Constitution aimed for a socio-economic order reflecting equality.
• Considered essential for achieving a just society.

Key Provisions of Article 14

• Equality before law: No person shall be denied equality before the law.
  • A British concept emphasizing non-discrimination and equal treatment.
• Equal protection of the laws: Offers protection without discrimination.
  • An American concept ensuring no arbitrary state action.
  • Promotes reasonable classification.

Components of Equality

1. Equality Before Law

• Negative Concept: Emphasizes non-discrimination by the state.
• Rule of Law: Stresses everyone's subjection to the same laws.

2. Equal Protection of the Laws

• Positive Concept: Ensuring equal treatment under similar circumstances.
• Basis for affirmative action and reservations for historically disadvantaged groups.
• Reasonable Classification: Differentiating groups based on rational criteria for achieving legitimate objectives.

Judicial Pronouncements and Principles

Landmark Cases

• State of West Bengal vs. Anwar Ali Sarkar: Established tests for reasonable classification.
• Chiranjit Lal Chowdhury vs. Union of India: Highlighted the principle of reasonable differentiation.
• E.P. Royappa vs. State of Tamil Nadu: Introduced the dynamic concept of equality.

Principles of Reasonable Classification

• Intelligible Differentia: Clear distinction between grouped individuals and others.
• Rational Relation: A logical connection between differentiation and the legislative objective.

Reservations and Affirmative Action

• Essential for providing equal opportunities to historically marginalized groups.
• Evolved from recognizing the need for equitable resource distribution and social justice.

Exceptions to Article 14

• Certain officials (President, Governor) are granted immunity from judicial processes in specific actions.
• Members of Parliament are protected for their parliamentary activities.

Criticisms and Judicial Responses

• J.N. Kripalani criticized dynamic application of equality, but acknowledged its general efficacy.
• Courts have regularly struck down arbitrary classifications and upheld principles of equality.

Conclusion

• Article 14 remains a cornerstone for ensuring equality and preventing discrimination in India.
• Its principles guide various legal and administrative actions, shaping a more just society.