top of page

Article 14 – The Right to Equality: The Foundation of a Fair India



The Constitution of India guarantees some of the most powerful rights to its citizens, and one of the most significant among them is the Right to Equality under Article 14. This provision forms the backbone of India's democratic structure because a nation cannot be truly free unless its people are treated equally under the law. Article 14 is not just a legal rule, it is a moral promise that the State will treat all individuals fairly, without discrimination, and with equal regard. In today’s world, where issues of discrimination, privilege, and unfair treatment still exist, Article 14 remains more relevant than ever.


What Article 14 Says

Article 14 states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

This short sentence contains two powerful concepts borrowed from English and American jurisprudence:


1. Equality Before the Law

This is a British concept meaning the law treats everyone equally, whether rich or poor, powerful or powerless. No one is above the law—not even public officials, ministers, or authorities.


2. Equal Protection of Laws

This is an American concept meaning that the State must ensure equal treatment for equals, and may classify people reasonably for the purpose of creating laws.

It means the government can make different laws for different groups (like women, children, senior citizens) as long as the classification is reasonable and not discriminatory.


The Heart of Article 14: Reasonable Classification

A common misconception is that equality means treating everyone in the same way. But Article 14 does not demand absolute equality. It recognizes that people are different and sometimes need different treatment.

To determine whether a classification is valid, the Supreme Court developed the Doctrine of Reasonable Classification, which requires:


1. Intelligible Differentia

There must be a clear reason why one group is treated differently from another. Example: Classifying adults and minors differently in criminal law.


2. Rational Nexus

The classification must have a logical connection with the objective of the law.Example: Giving reservation to SC/ST communities to overcome historical discrimination.

If either of these two conditions fails, the classification becomes discriminatory.


Arbitrariness Is Inequality: The Landmark Principle

In a historic judgment, the Supreme Court expanded the scope of Article 14 by declaring that “arbitrariness violates equality.”

This was established in:


E.P. Royappa v. State of Tamil Nadu (1974)

The Court ruled that equality is anti-arbitrariness. Any arbitrary, unfair, or unreasonable government action is unconstitutional, even if it does not involve discrimination among groups.

This judgment changed Indian constitutional law forever.


Important Case Laws under Article 14

1. Maneka Gandhi v. Union of India (1978)

This landmark case strengthened Article 14 by linking it with Articles 19 and 21. The Court held that any law restricting personal liberty must be fair, just, and reasonable. Equality became a guiding principle for all State actions.


2. E.P. Royappa v. State of Tamil Nadu (1974)

The Court expanded Article 14 by holding that arbitrariness equals violation of equality. The government cannot act on whims, bias, or without justification.


3. State of West Bengal v. Anwar Ali Sarkar (1952)

The Court struck down a special law that gave arbitrary powers to set up special courts. It held that classification must be reasonable and not discriminatory.


4. Air India v. Nergesh Meerza (1981)

A rule forcing air hostesses to retire earlier than male employees was struck down as discriminatory. The Court held that gender-based classification must be reasonable and not based on stereotypes.


5. Navtej Singh Johar v. Union of India (2018)

Section 377 (criminalising same-sex relations) was partially struck down. The Court held that discrimination against LGBTQ+ individuals violates Article 14 and the dignity of persons.

These cases show how Article 14 has grown from a simple equality clause to a powerful weapon against discrimination and arbitrary State action.


Real-World Importance of Article 14

Article 14 plays a central role in many aspects of modern India:

1. Gender Equality

It has been used to strike down unfair rules against women, including discriminatory employment policies or unequal wages.


2. Protection of Marginalised Communities

Laws providing reservation for SC/ST/OBC groups are upheld under Article 14 because they correct historical injustice.


3. LGBTQ+ Rights

Recent judgments have expanded equality rights to sexual minorities.


4. Administrative Fairness

Government actions like transfers, promotions, or allotments must be non-arbitrary.


5. Access to Justice

Every citizen, irrespective of class or status, has equal right to legal remedies.


Interesting Facts About Article 14

  • It applies to citizens and non-citizens, including foreign nationals.

  • It does not prevent special laws for special groups.

  • It is one of the most used articles in constitutional litigation.

  • It forms the basis for striking down unfair tax, employment, and administrative laws.

  • Courts often use Article 14 along with Article 21 to protect human dignity and fairness.


Conclusion: Article 14 as the Guardian of Fairness

The Right to Equality under Article 14 is not just a legal provision, it is the soul of the Constitution. It ensures that India remains a nation where power cannot silence the weak, where justice does not depend on privilege, and where the law stands tall above individual authority.


As society evolves, new challenges emerge—gender identity, digital rights, AI discrimination, economic inequities. Article 14 continues to guide India through these issues with its timeless principle: every individual deserves dignity, fairness, and equal treatment.

 
 
 

Comments


bottom of page