Article 14 - Right to Equality

Article 14 embodies the principle of equality, which is the cornerstone of a democratic republic. It contains two distinct but interrelated concepts borrowed from British and American jurisprudence:

Text of 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."

Two Concepts in Article 14:

1. Equality Before the Law (British Concept): - Derived from the Rule of Law (Dicey) - Negative concept - absence of special privilege - No one is above the law - Equal subjection of all to ordinary law - Exceptions: President, Governors (Article 361), diplomatic immunity

2. Equal Protection of the Laws (American Concept): - Positive concept - equal treatment in equal circumstances - Allows reasonable classification - Requires similar treatment for persons similarly situated - Permits affirmative action for disadvantaged groups

Reasonable Classification Test: The State can treat different classes differently if: (a) The classification is based on intelligible differentia (distinguishing factors) (b) The differentia has a rational nexus with the object of the law

New Doctrine of Arbitrariness: E.P. Royappa (1974) introduced a new dimension: Article 14 strikes at arbitrariness because arbitrariness is antithetical to equality. Even if a law passes the reasonable classification test, it can be struck down if it is arbitrary, unreasonable, or lacks any rational basis.

Article 14 applies to all persons (including non-citizens and legal entities), not just citizens, and prohibits discrimination by the State in all its actions.