Understanding Article 14: Right to Equality in the Indian Constitution

Article 14 of the Indian Constitution ensures that every person, whether a citizen or foreigner, is entitled to equality before the law and equal protection of laws within India. It aims to eliminate discrimination and ensure fair treatment for all under the legal system. This principle encompasses both ‘equality before the law’ and ‘equal protection of the law,’ foundational to creating a just and equitable society.

Understanding Article 14

Article 14: ‘ The State shall not deny to any person equality before law or the equal protection of laws within the territory of India’ 

• Scope: This provision confers the right to equality on all persons whether citizens or foreigners. 
  • Moreover, the term ‘person’ also includes legal persons which include, statutory corporations, companies or registered societies, etc.

• Indian Context of Article 14: In practice, in the Indian context, both principles aim to ensure that no person or class of persons is discriminated against and that all are treated equally by the legal system.
• Guidelines by the Supreme Court: The Supreme Court ruled that Article 14 doesn’t apply when equals and unequal are treated differently. 
  • While it prohibits class legislation, Article 14 allows for reasonable classification of individuals, objects, and transactions by the law. 
  • However, such classification must not be arbitrary, artificial, or evasive but should be founded on a clear and significant distinction.
• Violation of Article 14: Legislation that confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates Article 14.

Exceptions of Article 14

Article 361 (Protection of the President and the Governor):  They have special privileges while performing their official duties, hence they are not answerable to the court of law. They enjoy the following immunities:

• No Criminal Proceeding: shall be instituted or continued against the President or the Governor in any court of law during his term of office.
• No Process For Arrest Or Imprisonment: of the President or the Governor shall be issued from any court during their term.
• No Civil Proceeding: shall be instituted against the President or Governor during his term of office in any court of law in respect of any act done by him personally whether before or after he entered upon his office,  until the expiration of two months next after notice has been delivered to the President or the Governor.         

• • Article 105 (Powers, privileges, etc, of the members of the Parliament): This article gives freedom of speech to the MPs in their respective Houses and immunity against any civil or criminal proceedings related to any of these actions.
  • Article 194 (Powers, Privileges, etc, of the Members Of The State Legislature): This article gives freedom of speech to the MLAs in their respective Houses and immunity against any civil or criminal proceedings on any of these actions.
• Article 31-C (Saves the Laws That Give Effect To Certain Directive Principles): It provides that the laws made by the state for implementing the Directive Principles stated in clause(b) or clause(c) of Article 39 cannot be challenged on the ground of violation of Article 14. 
• The Supreme Court stated that “where Article 31-C comes in, Article 14 goes out”. 
• Diplomatic Immunity: Diplomatic Immunity is an exception to Article 14 as it provides immunity to foreign sovereigns (rulers), ambassadors, and diplomats from any civil or criminal proceeding within the territory of India. 
• They are treated/proceeded/tried before the law of the country of origin and not the host country, this is known as “Persona Non-Grata,” which means the immunity is mutual. 
• The UNO and its agencies also enjoy diplomatic immunity.

Rule of Law

Principle of the Rule of Law: The rule of law is the principle that all individuals and entities are accountable to fairly applied and enforced laws without bias. It ensures that no one is above the law, legal processes are transparent, rights are protected, and justice is upheld consistently. 

• • A Core Principle of the Rule of Law (A.V. Dicey): The principle of ‘Equality Before the Law’ is a fundamental component of the ‘Rule of Law‘ as articulated by A.V. Dicey, a renowned British legal scholar. 

• Dicey’s theory encompasses the following three fundamental constituents or dimensions:

• Accountability Under Established Law: The absence of arbitrary power means no individual can be punished except for violations of the established law.
• Uniform Legal Standards for All: The principle of equality before the law, where every citizen, regardless of wealth, status, or office, is subject to the same legal standards upheld by the ordinary law courts.
• Constitutional Rights and Judicial Enforcement: The primacy of rights of the individual, meaning that the constitution is the result of the individual rights, enforced by the judiciary, rather than being the origin of those rights.
• Relevance of Principles in the Indian Framework: In the Indian framework, the first two principles—prohibition of arbitrary power and equality before the law—are relevant, whereas the third principle differs. 
  • In India, the Constitution is the source of the rights of individuals.
• Basic Structure Doctrine: The Supreme Court in Indira Gandhi v. Raj Narayan (1975) determined that the ‘Rule of Law’ as mentioned in Article 14 is part of the ‘basic structure’ of the Constitution, and therefore, it cannot be destroyed by any constitutional amendment.

Conclusion

In practice, Article 14 prohibits discriminatory treatment and supports fair legal classification, provided it is not arbitrary. 

• While certain exceptions apply, such as privileges for the President and diplomats, the essence of Article 14 remains crucial for upholding fairness and equality. 
• The Supreme Court’s interpretation reinforces its role in ensuring that the rule of law prevails, maintaining a balance between individual rights and state actions.

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