Article 14: Equality before law

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Key Provisions

Article 14 guarantees two fundamental principles:

1. Equality before the law: This is a negative concept derived from British common law, meaning no person is above the law and everyone is subject to the ordinary law of the land.
2. Equal protection of laws: This is a positive concept derived from the American Constitution, meaning the law must provide equal opportunities and treatment to all persons in similar circumstances.

Scope and Application

Article 14 applies to:

• Citizens and non-citizens alike
• Natural persons and legal persons (companies, corporations)
• All matters - civil, criminal, and administrative

Exceptions

Article 14 permits reasonable classification based on:

• Intelligible differentia - the classification must be based on some rational and relevant criteria
• Rational nexus - there must be a reasonable connection between the classification and the object to be achieved

Landmark Cases

• State of West Bengal v. Anwar Ali Sarkar (1952): Established that Article 14 permits reasonable classification.
• E.P. Royappa v. State of Tamil Nadu (1974): Introduced the doctrine of "arbitrariness" - anything arbitrary is violative of Article 14.
• Maneka Gandhi v. Union of India (1978): Expanded the scope by reading Article 14 with Article 21.

Practical Implications

Article 14 has been invoked in various contexts:

• Challenging discriminatory laws
• Ensuring fair treatment in employment
• Preventing arbitrary state action
• Securing equal educational opportunities
• Challenging discriminatory taxation