Fundamental Rights Article 14

1. Fundamental Rights Article 14 By – Jasbir Singh Bajaj

2. ARTICLE 14 : EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW Article 14 states, “the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.”

3. INGREDIENTS State (as under Article 12) Any Person Equality before law Equal protection of laws Territory of India

4. ANY PERSON • “any person” “a citizen of India” or a “non-citizen”. • ‘Protections’ • Under Article 14, 20, 21, 22 et. Non-citizen also • Only for citizens. • ‘privileges’ • are conferred in the form of freedoms and some special rights, which are specifically reserved for the citizens of India as provided Under Article 15, 16, 19 etc.

5. EQUALITY BEFORE LAW • Taken from the UK Constitution • Shall not be discriminated against by the State. • It’s a negative concept • All are equally subjected to the ordinary law of land.

6. EQUAL PROTECTION OF LAWS • US Constitution (Article 1, 14th Amendment) which is positive in Character • Equals would be treated equally Un-equal would have to be treated unequally. • State Territories • Union Territories, and • Such other territories as may be acquired by the Government of India at any time • Article 1(3)(c) does not expressly confer power on the government of India to acquire new territories • Inherent right of a sovereign state to acquire a foreign territory in Scope of territory of India • Section 4 of India Penal Code,1860; the extension of the code to the extra-territorial offences • Any ship or aircraft registered in India shall also be considered as territory of India

7. Territory of India • Article 1(3) • Article 1(3) • Section 4 of Indian Penal Code, 1860; • Extension of the code to the extra-territorial offences ‘territories of India’ • Including any ship or aircraft registered in India

8. Formal Equality v. Substantive Equality • A formal approach to equality is premised on treating everyone like or the same. • Substantive equality approach is not simply with the equal treatment of law but rather with actual impact of the LAW. • Unequal’s as equals only serves to widen the disparity between the two contesting categories. • Unequal's cannot be treated as equals . • Anwar Ali Sarkar v. State of West Bengal 1952, SC held that the ‘equal protection of law’ is corollary to ‘equality before law’

9. Doctrine of Equality • Satyavati Sharma v. Union of India, (2008) 4 SCC 287 • No discrimination between one person and another • Equal protection of laws added by article 14

10. Reasonable Classification • Class Legislation: • Not permitted • Improper discrimination by conferring particular privileges upon a class pf persons arbitrarily and in which no reasonable distinction • Reasonable Classification Test (nexus test) • An intelligible differentia distinguish those that are together from others left out of the group • The differentia must have rational relationship to the objects • State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75 • Confederation of Ex-Servicemen v. Union of India, 2006 8 SCC 399,

11. Reasonable Classification • State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75 • Confederation of Ex-Servicemen v. Union of India, 2006 8 SCC 399, • Article 14 forbids class legislation in the sense of making improper discrimination • Qualities or characteristics must have a reasonable relation to the object of the legislation.

12. Example of Reasonable Classification • Budhan Chaudhry v. State of Bihar, AIR 1955 SC 191 • The classification may be founded on different bases namely geographical, or according to the objects or occupations • Nexus between the basis of classification and the object of the Act under consideration

13. New Dimension to EQUALITY Rule of LAW • A dynamic conclusion concept with many aspects and dimensions and cannot be cribbed, cabined and confined within the traditional limits. • Justice P.N. Bhagwati:- equality is anti-thesis to arbitrariness. • Equality and arbitrariness are sworn enemies, one belongs to rule of law in a republic while the other belongs to the whims and aspirations of an absolute monarch. • Maneka Gandhi v. Union of India (1978) 1 SCC 248.

14. PRINCIPLE OF REASONABLENESS • What is arbitrariness ? • “Determined by chance, whim, or whim, or impulse and not by necessity, reason, or principle” • Fairness in action • Non-arbitrariness in essence • Fair play • Subject to amenable to judicial review • Sharma Transport v. Government of A.P., (2002) 2 SCC 188 • Non-Arbitrariness can be ensured if there is the existence of sufficient necessity, reason or principle whether it is legislative or executive action. • R.D. Shetty v. International Airport Authority, 9 (1979) 3 SCC 489

15. JUDICIAL REVIEW • Primary role with administrator whether act is legal

16. Reasonable Classification insufficient to ensure equality • Ajay Hasia v. Khalid Mujib (1981) 1 SCC • Doctrine of classification which is evolved by the courts is not a paraphrase of Article14 • Nor is it the objective and end of that Article 14 • It is merely a judicial formula for determining whether the legislative or executive action in question in arbitrary • This formula doesn't cover the whole purpose of Article 14.

17. Rule of LAW vis-à-vis Article 14 Supremacy of law: As per the first postulate, rule of law refers to the lack of arbitrariness or wide discretionary power. In order to understand it simply, every man should be governed by law. No man could be lawfully interfered or punished by the authorities except for breaches of law established in the ordinary manner before the courts of land. Equality before law: According to the second principle of Dicey, equality before law and equal subjection of all classes to the ordinary law of land to be administered by the ordinary law courts and this principle emphasizes everyone which included government as well irrespective of their position or rank. But such element is going through the phase of criticisms and is misguided. As stated by Dicey, there must be equality before law or equal subjection of all classes to the ordinary law of land. Noman is above the law and everyone, whatever his condition or rank is, is subject to the ordinary laws of the land. The constitution is the supreme law of land (although this concept is not applicable in the Indian context as the Indian Constitution is basically a supreme law of land.

18. Rule of LAW vis-à-vis Article 14 Indira Nehru Gandhi v. Raj Narain 1975 Supp SCC 1 “Rule of Law postulates that decisions should be made by the application of known principles and rules and in general such decisions should know where he is” SatwantSingh Sawhney v. D. Ramarathnam, Asstt. Passport officer, (1967) 3 SCR 525 Doctrine of equality before the law is necessary corollary to the high concept of the rule of law accepted by our constitution”

19. Expectations to rule of law Article 361 Despite provisions of equality in our Constitution , there are some exceptions to the Rule of Law in public interests : The President or the Governor of a State shall not be answerable to any court for the exercise and performance of the powers and duties of his office . No criminal proceeding whatsoever shall be instituted or continued against the President or a Governor in any Court during his term of office. No civil proceeding in which relief is claimed against the President or the Governor of a State shall be instituted during his term of office in any court , until the expiration of two months after a notice is served on him . These immunities shall not bar impeachment of the President or suits or other proceedings against the Government of India or State. Exception in favor of foreign sovereign and ambassadors

20. Principle of Natural Justice: Essential Requirement of Article 14 Doctrine of natural justice means fairness in action. It means Right to be heard before adverse action is taken. Principle of Natural Justice is an integral part of the guarantee of equality assured by Art.14. Natural Justice is applicable to judicial, quasi - judicial, administrative orders affecting prejudicially unless the said rule is expressly excluded. Principle of Natural Justice is an essential requirement of Art.14.

21. LAW(Creating Classification) OBJECT (to address any particular issue) INTELLIGIBLE DIFFERENTIA RATIONAL RELATIONSHIP

22. Thank You!!