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Article 14 - Equality before law and Equal protection of the laws

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India
Amith

Article 14

📌 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."

✅ 1. EQUALITY BEFORE LAW (British origin)

🔹 What it means:
Everyone is equal in the eyes of law.
No one is above the law — king, minister, or a common citizen.

🔹 Key Points:

  • No special privilege to anyone.

  • Same law applies to all.

  • Based on Rule of Law (coined by A.V. Dicey in England).

🔸 Example:

  • If a common man and a CM both break a traffic rule, both will pay the fine.

  • Law doesn’t recognize status or position.

🔹 Exceptions (where equality before law does NOT apply):

  1. President & Governors – immune from criminal proceedings during their term (Article 361).

  2. Diplomats & Ambassadors – get immunity under international law.

  3. Special laws for armed forces – e.g., Army Act.

  4. Preventive detention laws – restrict rights of certain individuals in special cases.

✅ 2. EQUAL PROTECTION OF THE LAWS (American origin)

🔹 What it means:

All persons in similar situations must be treated equally. But different treatment is allowed for different situations, if it is reasonable and justifiable
Like cases should be treated alike.
Different treatment is allowed only if it is reasonable and based on intelligible differentia.

🔹 Key Points:

  • Positive concept – law can treat unequals differently.

  • Allows reasonable classification, not arbitrary discrimination.

  • Objective: bring real/actual equality by treating equals equally and unequals differently.

🔸 Example:

  • A poor student gets a scholarship; a rich student doesn’t.

  • SC/ST candidates get reservation in jobs – it is not against equality, but positive discrimination to uplift weaker sections.

  • A child under 7 is not punished for crime – he is not treated like an adult.

🆚 Difference Between the Two

PointEquality Before LawEqual Protection of Laws
ConceptNegativePositive
OriginBritishAmerican
MeaningNo special privilege to anyoneEqual treatment of equals, different for unequals
FocusLegal samenessPractical fairness
Allows classification?❌ No✅ Yes, if reasonable

✅ Supreme Court’s View (in simple words):

  • Equality doesn’t mean treating everyone exactly the same.

  • It means giving fair treatment and ensuring just laws.

  • Reasonable classification is allowed, but arbitrary discrimination is not.

⚖️ Important Supreme Court Cases:

  1. State of West Bengal v. Anwar Ali Sarkar (1952)
    – Arbitrary classification not allowed.

  2. E.P. Royappa v. State of Tamil Nadu (1974)
    – Equality is anti-arbitrariness.

  3. Maneka Gandhi v. Union of India (1978)
    – Article 14 is connected to Article 21 (right to life). Laws must be fair and just.

  4. Indra Sawhney Case (1992)
    – Reservation is valid but should not cross 50% (except in extraordinary situations).

🔑 Key Terms to Remember:

  • Article 14 → Equality before law + Equal protection

  • Rule of Law → No one is above the law

  • Reasonable classification → Allowed, but must be:

    1. Based on intelligible differentia

    2. Must have a rational relation to the objective

🎯 Summary for Revision: In Short (for last-minute revision):

  • 🔸 Article 14 = Equality Before Law + Equal Protection

  • 🔸 Equality Before Law → No special treatment, everyone is subject to same law.

  • 🔸 Equal Protection of Laws → Allows reasonable classification to treat unequals differently.

  • 🔸 Based on Rule of Law (British) and Practical Equality (American).

  • 🔸 Reservation, women protection laws, SC/ST benefits – ✅ Allowed under Article 14.

  • 🔸 Arbitrary and unfair laws – ❌ Not allowed.


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