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ABSTRACT
This Article is written by Bhanu Pratap Parashar (currently pursuing BALLB from NLU Assam)
ABSTRACT
In this article, we will explore the Concept of Equality before the law and equal protection of the law. Further, we will also explore the importance of article 14 and along with exception of the right to equality.
Part III of the Indian Constitution deal with Fundamental Rights and it is regarded as the Magna Carta of the Indian constitution. Fundamental rights are the basic rights given to common people and these are Justifiable or Enforceable in a court of law. Basically, fundamental rights were inserted in the constitution because they were considered very essential for the development of the personality of every individual and to preserve human dignity. Here in this article, we will mainly discuss article 14, its importance and its exception.
Article 14 of the Indian constitution is one of the articles of the golden triangle of the Indian constitution, which are the best weapon of law in the hands of the common people. This article speaks about equality before the law and equal protection of the law.
Historical perspective of article 14
The history of the right to equality is not of recent times, it goes back to the time of Manusmriti and Vedas. Where equality was seen as an essential principle of society. Chanakya in his Arthshashtra writes about the principle of equality. He says that it is the duty of the king to make laws that should treat people equally. Our constitution framers had a view that equality is the basic right and shall be given to all irrespective of caste, religion, sex, colour. Without this principle, the constitution will not serve its purpose.
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 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 14 of The Indian Constitution.
Article 14 guarantees to every person the right to equality before the law or the equal protection of the laws. The first expression “equality before the law”, which is said to be borrowed from the English common law, is a declaration of equality of all persons in the eyes of law. It implies the absence of any special privileges to any individual. The second expression “equal protection of laws” is very similar to the 14th amendment to the US constitution. This expression implies that equal protection shall be granted to all persons within the territorial jurisdiction of the union in the enjoyment of their rights and privileges without any favour or discrimination.
These two expressions are part of article 7 of the universal declaration of human rights, 1948 and also this declaration may have influenced the formation of article 14 of the constitution of India.
These two expressions equality before the law and equal protection of the law was well explained by the supreme court of India in Sri Srinivasa Theatre v. government of Tamil Nadu. In this case, the supreme court held that these two expressions may have much in common between them but they are not the same. Equality before the law is a dynamic concept and have many components. One of the components is that there will be no privileged person or class and no one will be above the law. Equal protection of law denotes equal treatment in equal circumstances.
The underlying principle of article 14
The application of article 14 is very vast because it applies to all persons and it is not limited to citizens. A juristic person like a corporation is also entitled to the right under this article. But its application may differ with the comparison to a natural person.
Our constitution framers were in the view that equality before the law or equal protection of laws does not mean the same treatment to everyone, according to them the significant purpose of equality is not the uniformity of treatment to all in all respects, but rather to give people the same treatment in those respect in which they are similar and different treatment in those respect in which they are different. The utmost important principle is that equality must be treated equally while unequal must be treated differently. The principle of equality does not mean that every law must have universal application to all persons who are not by nature or circumstances in the same position. There are different needs of a different class of persons and they require different treatment.
Supreme court of India in Ashutosh Gupta v. state of Rajasthan held that everyone is not equal by nature or circumstances, the varying needs of different classes or sections of people require different treatment. In order to apply the principle of equality, the courts have developed that if the law in question is based on rational classification it is not considered discriminatory.
Importance of article 14
According to article 14, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 14 is said to be a founding principle in enabling the concept of justice.
The right to equality has always played a crucial role in the social reforms in the society, be it the time of the Mauryan empire or the french revolution.
Before the enactment of the constitution, there was a limited concept of equality, people were treated differently on the basis of religion, caste, sex. Some people were given special privileges and some were left excluded. For removing this menace our constitution-makers included this article in the constitution and provided equality to all irrespective of race, religion, caste, sex, rich or poor. According to our constitution framers equality is the basic need of society and without equality, we can’t imagine well prosperous society. Professor KT Shah in the constitution assembly debate said “equality is the eternal right given by god to all the people and to make India well prosperous and egalitarian, we need to give this basic right to all”. Moreover right to equality is not a rule of men’, but a measure of liberty enjoyed by the people.
Another important feature of the right to equality is, that it acts as a bulwark against states arbitrariness because it stands against any arbitrary or discriminatory laws passed by legislatures it also illegalizes prejudice in any definite exercise of any discretionary power. Whenever there is arbitrariness in the State action, an individual can approach Article 14. Also, the right to equality and non-discrimination is a fundamental component of international human rights law.
Some exceptions to article 14
As per the constitution article 14 is not absolute there are some exceptions to article 14 which has been provided under the Indian Constitution. These exceptions are enacted for the president, governor of the state, MP and MLA, judges and police forces etc.
In the case of the State of West Bengal v. Anwar Ali Sarkar, the honourable supreme court held that the right to equality is not absolute and it may have certain exceptions.
Article 361 – The president of India and the governor of the state enjoy certain immunities :
- The president or governor is not answerable to any court for the activities and duties done by them in the term of their office.
- No criminal proceedings shall be instituted or continued against the president or the governor in any court during their term of office.
- No civil proceedings against the president or the governor shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity, whether before or after he entered upon his office until the expiration of two months next after notice in writing has been delivered to him.
- No process shall be initiated for the arrest or imprisonment of the president or the governor during his term of office.
- Article 361-A – If a person publishes in a newspaper or by radio or television or by any mode of publication a true report of any proceedings of either house of parliament or either house of the legislature of the state, he shall not be liable to any civil or criminal proceeding in any court.
- Article 105 – No proceeding can be initiated on a member of parliament in any court in respect of anything said or any vote given by him in parliament.
- Article 31-C – The laws made by the state for the proper implementation of the directive principle contained in clause (b) or (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14.
- The foreign sovereigns, ambassadors and diplomats enjoy immunity from criminal and civil proceedings. Also, UNO and its agencies enjoy the same kind of diplomatic immunity.
Conclusion
Article 14 gives the security of equal rights without any discrimination to all. It states everyone is Equ[iii]al in the e[iv]ye of law. Whether he belongs to a different race, religion, social status or wealth. From the reading and understanding various scholars and judgments of the supreme court and high court, it can be said the dimensions of Article 14 have been developed by the judiciary and the main purpose of Article 14 is the equality for all and to remove any arbitrariness which may exist in the actions of the State. As society is changing the dimensions of this article are also changing with the advancement of judicial activism and judicial interpretations. thus this Article has a much wider scope in the present time as compared to its scope at the time of enactment of the Constitution. It is in the hands of youth to use this benevolent right that is given by our constitution framers for the advancement and prosperity of society.
[i]https://www.legalbites.in/right-to-equality-article-14-18
[ii]Article 14: Protection from discrimination | Equality and Human Rights Commission Equalityhumanrights.com, https://www.equalityhumanrights.com/en/human-rights-act/article-14-protection-discrimination (last visited Sep 7, 2021)
[iii]Sir George Tomkyns Chesney, Indian polity
[iv]VN SHUKLA, The Constitution of India (Eastern Book Co.) (2012)
[v][v] Mahabir Prashad Jain, Indian constitutional law