Article 14 of Indian Constitution JK

Indian Constitution Article 14
:JAYAKIRTI SHANTINATH SAVANT
• Article 14 of Indian Constitution declares that “the State shall not deny
to any person equality before the law or equal protection of the laws
within the territory of India”. The phrase “equality before the law”
occurs in almost all written constitutions that guarantee fundamental
rights. Equality before the law is an expression of English Common
Law while “equal protection of laws” owes its origin to the American
Constitution. Both the phrases aim to establish what is called the
“equality to status and of opportunity” as embodied in the Preamble of
the Constitution. While equality before the law is a somewhat negative
concept implying the absence of any special privilege in favour of any
individual and the equal subjection of all classes to the ordinary law,
equal protection of laws is a more positive concept employing equality
of treatment under equal circumstances. Thus, Article 14 stands for the
establishment of a situation under which there is complete absence of
any arbitrary discrimination by the laws themselves or in their
administration. Interpreting the scope of the Article, the Supreme
Court of India held in Charanjit Lai Choudhury vs. The Union of India
that: (a) Equal protection means equal protection under equal
circumstances; (b) The state can make reasonable classification for
purposes of legislation; (c) Presumption of reasonableness is in favour
of legislation; (d) The burden of proof is on those who challenge the
legislation. Explaining the scope of reasonable classification, the Court
held that “even one corporation or a group of persons can be taken to
be a class by itself for the purpose of legislation provided there is
sufficient basis or reason for it. The onus of proving that there were
also other companies similarly situated and this company alone has been
discriminated against, was on the petitioner”. In its struggle for social
and political freedom mankind has always tried to move towards the
ideal of equality for all. The urge for equality and liberty has been the
motive force of many revolutions. The charter of the United Nations
records the determination of the member nations to reaffirm their faith
in the equal rights of men and women. Indeed, real and effective
democracy cannot be achieved unless equality in all spheres is realised
in a full measure. However, complete equality among men and women
in all spheres of life is a distant ideal to be realised only by the march of
humanity along the long and difficult path of economic, social and
political progress. The Constitution and laws of a country can at best
assure to its citizens only a limited measure of equality. The framers of
the Indian Constitution were fully conscious of this. This is why while
they gave political and legal equality the status of a fundamental right,
economic and social equality was largely left within the scope of
Directive Principles of State Policy. The Right to Equality affords
protection not only against discriminatory laws passed by legislatures
but also prevents arbitrary discretion being vested in the executive. In
the modern State, the executive is armed with vast powers, in the
matter of enforcing by-laws, rules and regulations as well as in the
performance of a number of other functions. The equality clause
prevents such power being exercised in a discriminatory manner. For
example, the issue of licenses regulating various trades and business
activities cannot be left to the unqualified discretion of the licensing
authority. The law regulating such activities should lay down the
principles under which the licensing authority has to act in the grant of
these licenses. Article 14 prevents discriminatory practices only by the
State and not by individuals. For instance, if a private employer like the
owner of a private business concern discriminates in choosing his
employees or treats his employees unequally, the person discriminated
against will have no judicial remedy. One might ask here, why the
Constitution should not extend the scope of these right to private
individuals also. There is good reason for not doing so. For, such
extension to individual action may result in serious interference with
the liberty of the individual and, in the process; fundamental rights
themselves may become meaningless. After all, real democracy can be
achieved only by a proper balance between the freedom of the
individual and the restrictions imposed on him in the interests of the
community. Yet, even individual action in certain spheres has been
restricted by the Constitution, as for example, the abolition of
untouchability, and its practice in any form by any one being made an
offence. Altogether, Article 14 lays down an important fundamental
right which has to be closely and vigilantly guarded. There is a related
matter that deserves consideration here. The right to equality and equal
protection of laws loses its reality if all the citizens do not have equal
facilities of access to the courts for the protection of their fundamental
rights. The fact that these rights are guaranteed in the Constitution does
not make them real unless legal assistance is available for all on
reasonable terms. There cannot be any real equality in the right “to sue
and be sued” unless the poorer sections of the community have equal
access to courts as the richer sections. There is evidence that this point
is widely appreciated in the country as a whole and the Government of
India in particular and that is why steps are now being taken to establish
a system of legal aid to those who cannot afford the prohibitive legal
cost that prevails in all parts of the country.

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Indian Constitution Article 14

:JAYAKIRTI SHANTINATH SAVANT

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