Actual Article
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.
UPSC Notes for Article 14
Explanation:
- Equality Before Law: This concept means that every individual, regardless of their status, is subject to the same laws of the land.
- Equal Protection of Laws: Implies that the State must treat individuals in similar conditions alike and ensure equal protection to all under the laws.
Key Points:
- Universal Application: Article 14 applies to all persons within the territory of India, including citizens and non-citizens.
- Two Principles: Incorporates two fundamental principles: ‘Equality before law’ (borrowed from the British Constitution) and ‘Equal protection of the laws’ (derived from the American Constitution).
- Reasonable Classification: Allows for reasonable classification, meaning that the State can make laws that treat different groups differently if there is a rational basis for doing so.
- Prohibition of Arbitrary Actions: Prevents arbitrary and discriminatory treatment by the State, ensuring fairness and justice.
Important Cases and Commissions Related to Article 14
Cases:
- State of West Bengal vs. Anwar Ali Sarkar (1952): Highlighted the need for reasonable classification and struck down a law that allowed arbitrary discrimination.
- E.P. Royappa vs. State of Tamil Nadu (1974): Expanded the understanding of equality by stating that equality is a dynamic concept and not just a formal principle.
- Maneka Gandhi vs. Union of India (1978): Interpreted Article 14 in a broad manner, linking it with Articles 19 and 21, thus reinforcing the principle of ‘due process’ and fair treatment.
- Indra Sawhney vs. Union of India (1992): Known as the Mandal Commission case, upheld the principle of reservation for OBCs but also introduced the concept of the “creamy layer.”
Commissions:
- National Commission to Review the Working of the Constitution (2002): Suggested measures to enhance the effectiveness of Article 14, particularly in ensuring non-discriminatory practices by the State.
- Law Commission of India: Regularly examines laws and policies to ensure they adhere to the principles of equality enshrined in Article 14.
Important Reports Related to Article 14
- Second Administrative Reforms Commission Report (2006): Analyzed the application of Article 14 in administrative processes and suggested reforms for greater transparency and equality.
- National Human Rights Commission Reports: Regularly assesses the enforcement of equality and protection of laws, referencing Article 14 in their recommendations.
Additional Insights:
- Judicial Interpretation: The judiciary has played a crucial role in interpreting Article 14 to expand its scope and applicability, ensuring that the principle of equality is upheld in various contexts.
- Impact on Legislation: Article 14 influences legislative processes, ensuring that laws are crafted to promote fairness and avoid arbitrary discrimination.
- Social Justice: Article 14 is instrumental in promoting social justice, allowing for affirmative actions and reservations aimed at uplifting historically disadvantaged groups while ensuring that such measures are not arbitrary.
By understanding Article 14, UPSC aspirants can gain insights into the constitutional guarantee of equality before the law and equal protection of the laws. This knowledge is essential for both preliminary and main examinations, offering a comprehensive view of how equality is maintained and enforced within India’s legal framework.