The Constitution of India
Article 14
Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Why this exists
Article 14 was included to end the historical practice of unequal treatment based on birth, caste, religion, or status that existed in colonial and pre-colonial India. Drawing from British 'equality before law' and American 'equal protection' traditions, the framers wanted to guarantee that the State could not arbitrarily favor or discriminate against individuals, ensuring a foundation of fairness for a diverse, newly independent nation.
How courts read it
The Supreme Court initially applied the 'reasonable classification' test, allowing laws to treat groups differently if the classification was reasonable and linked to a legitimate purpose (State of West Bengal v. Anwar Ali Sarkar, 1952). Later, in E.P. Royappa v. State of Tamil Nadu (1974) and Maneka Gandhi v. Union of India (1978), the Court expanded Article 14 to strike down 'arbitrariness' in State action, holding that equality is antithetical to arbitrariness. This broadened the Article's reach beyond simple classification to scrutinize the fairness of government decisions generally.
Common misconceptions
- Myth: Article 14 means everyone must always be treated identically in every law.
Fact: Courts have clarified that reasonable classification is allowed—laws can treat different groups differently if there's a fair, logical reason connected to a legitimate goal (simplified). - Myth: Article 14 only protects Indian citizens.
Fact: The Article protects 'any person' within India's territory, including foreigners, not just citizens.