Article 14

ARTICLE 14
Who can claim
 Not limited to citizens

 Every person natural/artificial
 Citizen /alien
 Are entitled to its protection.
 National Legal Services Authority v UOI AIR2014
Sc1863 –the person word is not restricted to male
only
 But includes even Hijras/Transgender persons.
INTRODUCTION
“Article 14 embodies the general

principles of equality before law and
prohibits unreasonable
discrimination between persons ”

Article 14 declares that “ the state should not deny to
any person equality before the laws within the
territory of India”.
Article 14 uses two expression “equality before the

law” and “equal protection of the law”. The phrase
"equality before the law" occurs in almost all written
constitutions that guarantee fundamental rights.
Equality before the law is an expression of English
Common Law while "equal protection of laws" owes
its origin to the American Constitution.
Both the phrases aim to establish what is called the

"equality to status and of opportunity" as embodied in
the Preamble of the Constitution.
Equality
Before the
Law
Article 14
Equal
Protection of
the Law
DIFFERENCE
“While equality before the law is a somewhat

negative concept implying the absence of any special
privilege in favor of any individual and the equal
subjection of all classes to the ordinary law, equal
protection of laws is a more positive concept
employing equality of treatment under equal
circumstances.”
EQUALITY BEFORE LAW
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
__________________________________________________________
1. Jennings – Law of the constitution p 49

K.C.Sarkar V rajesh rajan(2005)
3SCC 307
 3 judge bench of SC ruled that MP’s Influential

politicians were not above the law and while in
custody , were to be kept in prison like any other
normal prisoner.
EQUAL PROTECTION OF THE
LAWS
It only means that all persons similarly circumstanced
shall be treated alike both in the privileges conferred and
liabilities imposed by the laws.
Equal laws should be applied to all in the same situation,
and there should be no discrimination between one
person and another.
As regards the subject matter of the legislation their
position is the same.2
Thus the rule is that the like should be treated alike
and not that unlike should be treated alike.3
__________________________________________
2. State of Bengal Vs Anwar Ali Sarkar, AIR 1952 SC 75
3. Dr VN Shukla – Constitution of India p. 27
Interpreting the scope of the Article, the Supreme
Court of India held in Charanjit Lai Choudhury vs. The
Union of India AIR 1951 SC 41 that:
(a) Equal protection means equal protection under

equal circumstances;
(b) The state can make reasonable classification for

purposes of legislation;
(c) Presumption of reasonableness is in favour of

legislation;
(d) The burden of proof is on those who challenge the

legislation.
TRUE EQUALITY
RULE OF LAW
The guarantee of equality before the law is an aspect of what Dicey

calls the rule of the law in England.4 It means that no man is above the
law and that every person, whatever be his rank or conditions, is
subject to the jurisdiction of ordinary courts.
Rule of law requires that no person shall be subjected to harsh,

uncivilized or discriminatory treatment even when the object is the
securing of the paramount exigencies of law and order. 5
_____________________________________________________________________
4. Dicey – Law of Constitution pp 202-3

5. Rubinder Singh v. Union of India, AIR 1983 SC 65
Professor Dicey gave three meanings of the
Rule of Law thus-
1. Absence of Arbitrary Power of the supremacy of the law:
A man may be punished for a breach of law, but he can be punished for
nothing else.
2. Equality before the law:
It means subjection of all classes to the ordinary law of land administered

by ordinary law courts. This means that no one is above law with the sole
exception of the monarch who can do no wrong.
Everyone in England , whether he is an official of the state or a private
individual, is bond to obey the same law.
3. The constitution is the result of the ordinary law of the land:
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
“The first and the second aspects apply to Indian

system but the third aspect of the Dicey’s rule of law
does not apply to Indian system as the source of
rights of individual is the Constitution of India.
The Constitution is the Supreme Law of the Land and

all laws passes by the legislature must be consistent
with the provision of the Constitution ”
EXCEPTIONS TO THE RULE OF LAW
1. First ‘equality before the law’ does not mean the “power of the private
citizens are the same as the powers of the public officials” Ex Police
Officer
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’
4. Fourthly, certain members of the society are governed by special

rules in their professions, i.e., lawyers, doctors nurses etc. Such
classes of people are treated differently from ordinary citizens.
LIMITS TO THE EFFECTIVENESS
OF ARTICLE 14
1. With the new Article 31- C added by the 42nd Amendment Act 1976, the scope of Art 14
has been considerably restricted. Art 31 C provides that the laws made by the state for
implementing the Directive Principles contained in clause (b) and clause (c)of Article 39
cannot be challenged on the ground that they are violative of Article 14. Such laws will
thus be an exception to Art 14. In Sanjeev Coke Mfg Co v Bharat Cooking Coal Ltd.,6 the
supreme Court has held that “where Article 31 C comes in, Art 14 Goes out”
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.
__________________________________________________________
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
__________________________________________________________________________________
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
8. Abdul Rehman v. Pinto AIR 1951 Hyd 11
9. Jagjit Singh v State AIR 1951 Hyd 28
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:-
1. The Classification must be founded on an intelligible differentia

which distinguishes person or things that are grouped together from
others left out of the group.
2. The differentia must have a rational relation to the object sought to

be achieved by the Act. 11
_____________________________________________________________________
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
THANK YOU

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ARTICLE 14

Who can claim

 Not limited to citizens

“Article 14 embodies the general

discrimination between persons ”

Article 14 uses two expression “equality before the

Both the phrases aim to establish what is called the

“While equality before the law is a somewhat

1. Jennings – Law of the constitution p 49

 3 judge bench of SC ruled that MP’s Influential

(a) Equal protection means equal protection under

(b) The state can make reasonable classification for

(c) Presumption of reasonableness is in favour of

(d) The burden of proof is on those who challenge the

The guarantee of equality before the law is an aspect of what Dicey

Rule of law requires that no person shall be subjected to harsh,

4. Dicey – Law of Constitution pp 202-3

1. Absence of Arbitrary Power of the supremacy of the law:

2. Equality before the law:

It means subjection of all classes to the ordinary law of land administered

3. The constitution is the result of the ordinary law of the land:

“The first and the second aspects apply to Indian

The Constitution is the Supreme Law of the Land and

4. Fourthly, certain members of the society are governed by special

8. Abdul Rehman v. Pinto AIR 1951 Hyd 11

9. Jagjit Singh v State AIR 1951 Hyd 28

1. The Classification must be founded on an intelligible differentia

2. The differentia must have a rational relation to the object sought to

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