Equality / Aequalitas /

Equality: The Bedrock of Constitutional Rights

Equality is the most pervasive of constitutional rights — it pervades all other rights. Every fundamental right embodies an equality dimension: the right to life (Article 21) must be available equally; freedom of speech (Article 19) cannot be granted selectively; even the right to constitutional remedies (Article 32) must be equally accessible. Article 14 is the constitutional expression of the ancient moral intuition that like must be treated as like — and that arbitrary, unfounded distinctions between persons violate their equal dignity.

Reasonable Classification

Article 14 does not prohibit all classification — it prohibits arbitrary and unreasonable classification. A classification is valid if: (a) it is founded on an intelligible differentia (a real, substantial distinction between those classified and those not); and (b) the differentia has a rational nexus to the object sought to be achieved by the law. The 'twin test' from Budhan Choudhry v. State of Bihar AIR 1955 SC 191 is still the standard.

Arbitrariness Doctrine: E.P. Royappa

In E.P. Royappa v. State of Tamil Nadu (1974) 4 SCC 3, Justice Bhagwati (as he then was) formulated the 'new equality': equality is antithetic to arbitrariness. A State action is unconstitutional if it is arbitrary — capricious, irrational, or having no basis in reason — even if it does not technically discriminate between classes. This dramatically expanded the reach of Article 14 to cover all arbitrary executive action.

Affirmative Action: Articles 15(3), 16(4)

The Constitution's equality provisions permit affirmative action — classification in favour of backward classes to achieve substantive equality. Articles 15(3) (special provision for women and children), 15(4) (special provision for backward classes, SC/ST), and 16(4) (reservation in government employment) allow departures from formal equality to achieve material equality. The Supreme Court in Indra Sawhney v. Union of India (1992) 3 SCC 217 upheld 27% OBC reservation while capping total reservation at 50% of posts.

“Equality before law means the equal subjection of all — high and low — to the ordinary law of the land. Equal protection of laws means that equals must be treated equally. Together they form the constitutional guarantee that no person is above the law and that the law shall not be used to favour some at the expense of others.”