Article 14
Article 14
Article 14
Dr Jennings puts it :
“Equality before the law means that among equals the law
should and should be equally administered, that like should be
treated alike. The right to sue and be sued, to prosecute and
be prosecuted for the same kind of action should be same for
all citizens of full age and understanding without distinctions of
race, religion, wealth, social status or political influence” 1
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A man may be punished for a breach of law, but he can be punished for
nothing else.
It means that the source of the right of individual is not the written
Constitution but the rules as defined and enforced by the courts.
OBSERVATION POINT
2. Secondly, the rule of law does not prevent certain class of persons
being subjected to special rules.
Ex Medical Practitioner by Medical Council of India.
ARTICLE 361.
3. Thirdly , A minister may be allowed by law ‘to act as he thinks fit’ or ‘if
he is satisfied’
2. Under Article 359 (1) if the President issues an order, where a Proclamation of
Emergency is in operation , enforcement of Art 14 may be suspended for the period
during which the Proclamation is in force.
3. Article 361 lays down that the President and the Governor are exempted from any
criminal proceedings during the tenure of their office.
4. Under International law, foreign sovereign and ambassadors enjoy full immunity from
any judicial process.
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6. (1983)1SCC 147
ART 14 permits classification but
prohibits class legislation.
The equal protection of laws guaranteed by Art 14 does not mean that all laws must be
general in character. The varying needs of different classes of person require separate
treatment. 7
From the very nature of the society there should be different laws in different places and
the legislature controls the policy and enacts laws in the best interest of the safety and
security of the state. In fact, identical treatment in unequal circumstances would amount to
inequality. 8 So a reasonable classification is only not permitted but is necessary if society
is to progress.9
Thus, what Art 14 forbids is class legislation but it does not forbid reasonable classification.
The classification, however must not be “arbitrary, artificial or evasive” but must be based
on real and substantial distinction bearing a just and reasonable relation to the object
sought to be achieved by legislation. 10
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7. Chiranjit Lal v. union of India AIR 1951 SC 41, per Das, J.; State of Bombay v. FN Balsara, AIR 1951 SC 318, per Fazal Ali, J.; Kedar Nath v.
State of west Bengal, AIR 1953 SC 404
10. RK Garg v. union of India, AIR 1981 SC 2138; Re- Special Courts Bill, AIR 1979 Sc 1979 SC 478; Air India v. Nagesh Meerza, AIR 1981 SC 1829;
RC Cooper v. union of India, AIR 1970 SC 564; Ameronisa v. Mahboob AIR 1953 SC 91
TEST OF REASONABLE
CLASSIFICATION
Classification to be reasonable must fulfill the following two conditions:-
11. K. Thimmappa v. Chairman central Board of Directors SBI, AIR 2001 SC 467
Equality
, rightly understood as our foundin
g fathers understood it, leads to lib
erty and to the emancipation of cre
ative differences; wrongly understo
od, as it has been so tragically in ou
r time, it leads first to conformity a
nd then to despotism
.
Barry
Goldwater
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