Article 14 states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
- Applicability: This provision confers rights on all persons whether citizens or foreigners.
- Definition of Person: The word ‘person’ includes legal persons, viz, statutory corporations, companies, registered societies or any other type of legal person.
- Scope: The concept of ‘natural Justice‘ and ‘rule of Law‘ emanates from this article.
Article 14 Equality before Law and Equal Protection of Laws
Following are the differences between the concept of ‘Equality before the law’ and ‘Equal protection of laws’.
| Parameters | Equality Before Law | Equal Protection of Laws |
| Meaning | Definition: The concept simply means that law must be enforced and administered equally. This implies the following:
No special privileges: Absence of special privileges in favour of any person Law of the land: Equal subjection of all persons to the ordinary law of the land administered by ordinary law courts. Law is paramount: No person (whether rich or poor, high or low, official or non-official) is above the law. |
Definition: This concept means that all persons in similar circumstances shall be given the same rights and liabilities. This implies the following:
Similar treatment: Equal treatment in similar circumstances, both in terms of privileges conferred and liabilities imposed by the law. Similar application: The similar application of the same laws to all persons who are similarly situated. Like should be treated alike: The like should be treated alike without any discrimination. |
| Origin | This concept is of British origin. | This concept is borrowed from the American Constitution. |
| Nature | Negative concept: It is a negative concept as it implies the absence of any special privilege in favour of individuals. Here more emphasis is laid on subjecting all persons to the ordinary law of the land which is administered by the courts. | Positive obligation: It is a positive obligation under which the state brings about necessary social and economic changes, to ensure every person enjoys equal protection. It advocates ‘similar treatment instead of identical one i.e. equality is advocated only by those who are equal. There must be no discrimination amongst equals. However, it also implies that Equals and unequals cannot be put in the same footing and be treated without discrimination. |
Rule of Law
The concept of ‘equality before the law’ is an element of the concept of ‘Rule of Law’. The Supreme Court held that the ‘rule of Law’ as embodied in Article 14 is a ‘basic feature of the constitution’.
The principle of ‘Rule of Law’ was propounded by the British jurist A.V. Dicey. His idea consists of three components or facets:
- No arbitrary power: There must be no arbitrary authority, meaning that no person can face punishment unless they have violated a law. An offense must be demonstrated in a standard court before anyone can be penalized following legal procedures. This principle applies within the Indian legal system.
- Equality before law: All citizens, whether wealthy or poor, high-ranking or lowly, official or unofficial, should be treated equally under the law administered by regular courts. This concept is recognized in the Indian system.
- Source of individual rights: Dicey asserted that an enforcement authority is necessary to effectively uphold the two aforementioned principles. He maintained that the ‘courts’ serve as this enforcing authority. In his view, the Constitution arises from the individual rights defined and upheld by the courts, asserting that the courts, rather than the constitution, are the foundation of individual rights.
The initial two elements pertain to the Indian system, however, the third element does not apply since, in India, the constitution serves as the foundation of individual rights
Exceptions to Equality
The notion of equality before the law is not absolute; there are constitutional and other exceptions to this principle. The exceptions are detailed as follows:
- Constitutional figures: As stated in Article 361, the President of India and the Governors of States possess the following immunities:
- Duties performed: The President or the Governor is not accountable to any court for exercising and performing the powers and responsibilities of the office.
- Criminal proceeding: No criminal charges shall be initiated or continued against the President or the Governor in any court during their term in office.
- No imprisonment: No orders for the arrest or detention of the President or Governor shall be issued by any court during their term in office.
- Provision with regard to civil proceedings: No civil lawsuits against the President or Governors can be initiated during their term in office in any court for actions taken in their personal capacity, whether prior to or after assuming office, until two months have passed following the delivery of notice to them.
- Parliamentary proceedings: No member of Parliament may be subject to legal action in any court over whatever they say or vote on in Parliament or any of its committees.
- Reporting of parliamentary proceedings: No one will be subject to civil or criminal action in any court for publishing a substantially accurate report of any proceedings from either House of Parliament or any State Legislature in a newspaper, on radio, or on television
- State legislative proceedings: No member of a State Legislature shall face any legal actions in any court regarding anything stated or any vote cast by them in the Legislature or any committee thereof.
- Provisions under Article 31-C: This article stipulates that laws made by the state to implement the Directive Principles outlined in clauses (b) or (c) of Article 39 cannot be contested on the basis that they violate Article 14. According to the Supreme Court, “Article 14 does not apply when Article 31-C does.”
- Diplomatic privileges: Foreign sovereigns (rulers), ambassadors, and diplomats are granted immunity from both criminal and civil actions.
- United Nations: The UN and its associated agencies benefit from diplomatic immunity.
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