Definition
Article 14 guarantee.
Equality before law and equal protection of laws.
Statutory Definition
Article 14 of the Constitution of India.
Etymology & Origin
Derived from the English concept of the 'Rule of Law' (A.V. Dicey) and the American constitutional guarantee of 'Equal Protection'.
Full Legal Analysis
The Right to Equality is the foundational Fundamental Right enshrined in the Indian Constitution. It embodies the general principle that all persons are equal in the eyes of the law and that the State cannot arbitrarily discriminate between individuals.
Article 14 has two distinct concepts: 'Equality before the law' (a negative concept meaning the absence of special privileges for anyone) and 'Equal protection of the laws' (a positive concept meaning that equals should be treated equally).
Article 14 does not mean absolute mathematical equality. The Supreme Court has clarified that it permits 'reasonable classification'. The state can treat different groups differently (e.g., taxing the rich more than the poor), provided the classification is based on an 'intelligible differentia' and has a 'rational nexus' with the objective the law seeks to achieve.
A landmark judgment where Justice Bhagwati expanded the scope of Article 14, stating that 'Equality is a dynamic concept... and cannot be cribbed, cabined and confined within traditional and doctrinaire limits.' He established that arbitrariness is the very antithesis of equality.
Advocates invoke Article 14 in writ petitions to strike down any government action, law, or policy that is arbitrary, unreasonable, or discriminatory.
This Term in Indian Statutes
Constitution of India, 1950
"Equality before law."
The bedrock provision prohibiting state arbitrariness and ensuring equal treatment.
