Symbolizing the guiding principle of equality before the law, Article 14 of the Indian Constitution constitutes more than a mere legal provision; it is the foundation of Indian democracy. Article 14, which is an element of the Constitution’s Part III on fundamental rights, sets the requirements for a society which are fair and just.
explain right to equality
- • It suggests that everyone must abide by the law.
- There can be no separation of a government official, a political figurehead, and a regular person.
- All citizens are bound by the same laws, whether they are small-time farmers in a distant village or the Prime Minister.
Article 14 of Indian Constitution
- No one shall be denied the right to equality before the law or the equal protection of the law on Indian territory, according to Article 14 of Indian Constitution.
- Any individual on Indian territory, whether or not they are a citizen, may assert this privilege.
- The terms “equality before the law” and “equal protection of the law” are included in Article 14 here. The English common law serves as the source of the first phrase, “equality before the law.”
- The United States of America Constitution is where the phrase “equal protection of law” originates.
- No one shall be refused equal protection under the law by any state within its borders, according to Section 4 of the Fourteenth Amendment to the United States Constitution.
- Furthermore, as stated in the Indian Constitution’s preamble, the idea of equality of status includes the idea of equality of law.
article 14: Equality Before Law & Equal Protection of Laws
Equality Before Law
- The idea of equal rights before law is derived from English law; it takes a negative stance and states that no one should be treated unfairly. It is used in a fairly broad context.
- The fundamental tenet of equality rights before the law is that every autonomous creature deserves equal treatment under the law. It also says that everyone is governed by the same justice laws.
- In front of the law, no individual or group of individuals is granted any privileges or is subjected to discrimination.
Equal Protection of Laws
- It is a positive approach and an American concept that states that laws do not have to apply to everyone in the same way.
- Essentially, it says that laws cannot apply to everyone in the same way. It also states that we must create and demand laws that help ensure that everyone in the nation is treated equally.
- Finally, it states that in order to improve public welfare, classification and reorganization of various factors that exist in our nation are necessary.
- According to the principle of equal protection under the law, people in comparable circumstances must have equal access to the legal system. Everyone who is in love on Indian land has legal rights.
fundamental rights to equality: Intelligible Differentia
- Article 14 does not ensure that every person is treated in the same way. It provides for fair and just classifications without discriminatory treatment, based on comprehensible differentia.
- One of the most important ideas in Article 14 of the Indian Constitution is intelligent differentia. It refers to the rational and reasonable foundation for dividing people into discrete groups for the purposes of law. When a law classifies individuals, it must be based on a discernible and logical distinction that makes one group’s members distinct from another.
- The basis for the differences between the categories should be genuine and significant, and these distinctions should make sense in light of the goal or intention of the legislation or other governmental action.
- The categorization established by law must be rational and not arbitrary in order to pass the test of intelligible differentia. The classification must make sense and be related to the purpose of the relevant legislation.
article 14 of indian constitution: Case Rulings
- In the case of Navtej Singh Johar v Union of India, it was decided that Section 377 was unconstitutional. The Indian Penal Code’s Section 377, which outlawed same-sex relationships between consenting adults, was unanimously decriminalized by the Supreme Court’s five-judge bench. The LGBT community has the legal right to select a same-sex partner. It was decided that Section 377 was illegal and violated the rights to equality under the law and on the basis of sex, specifically Articles 14 and 15.
- In the case of Harsh Mander v UOI, the court ruled that stigmatization and eventual criminalization of begging in society are not the result of any illness, but rather a person’s thinking. It was also said that making things like begging illegal would only be seen to be an assault on the impoverished people’s fundamental rights. It is possible that this will also negatively affect more basic needs, such as food and shelter.
One of the main pillars of India’s commitment to equality and anti-discrimination is Article 14 of the Constitution. It guarantees that everyone, regardless of background, is treated equally and fairly by the state when it comes to the law.
Equal protection under the law and equality before the law are guaranteed. It guarantees that people in similar circumstances receive the same treatment and that no unfair or biased classification is formed.
Article 14 of Indian Constitution FAQs
- What are the limitations of Article 14?
Article 14 prohibits class legislation, but it does not prohibit the government from classifying individuals, things, and transactions in a legitimate manner in order to achieve certain goals. However, classification as “arbitrary, artificial, or evasive” is unacceptable.
- What is the scope of Article 14?
All citizens are guaranteed equal access to the legal system and are not subjected to discrimination in the administration of justice thanks to the provisions of Article 14. Using Article 14, the Supreme Court has overturned discriminatory legislation and practices that jeopardize the right to a fair trial.
- What are the grounds of Article 14?
The State is prohibited from treating any citizen unfairly based merely on their place of birth, race, caste, religion, or any combination of these. Every citizen shall have equal access to opportunities when it comes to employment and appointment to any state office.
- Is Article 14 an absolute right?
Everybody is entitled to equal protection under the law and equality before the law under Article 14 of the Indian constitution. Article 14 is not infallible, nevertheless; there may be some exceptions made for the benefit of the general public interest and for the betterment of residents.
- What is the new approach of Article 14?
The great equalizing principle is the fundamental idea that underpins Article 14. The positivist perspective on equality demonstrates that arbitrariness is incompatible with equality. Arbitrariness and equality are sworn rivals.
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