RIGHT TO EQUALITY (ART. 14-18)
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The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law. Rule of law is the foundation of any
democracy. It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen.
These are deemed as an essential part of the constitution as they protect the rights and liberties of the citizens of the country against any misuse or intrusion by the government with the power delegated to them in a democracy. These are the negative obligations of the state and citizens. These rights try to achieve the goals set out in the Preamble, of justice, liberty, equality, fraternity, and dignity.
Article 14 (Equality Before Law)
Article 14 of the Constitution of India 1950 was not a standalone provision in the Draft Constitution 1948. It was initially included in Draft Article 15 (Article 21) which read:
‘Protection of life and liberty and equality before law – No person shall be deprived of his life or liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the law within the territory of India.’
Article 14 of the Constitution of India reads as under:-
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
“As long as poverty, injustice and gross inequality persist in the world, none of us can truly rest” – Nelson Mandela
“The law should be equal and should be equally administered, that like should be treated alike.” - Dr. Jennings
Meaning of Equality
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The word “Equality” means that every person, who lives within territory of India, has the equal right before the law. There is no discrimination based on religion, race, caste, sex and place of birth. It means that all will be treated as equality among equal and there will be no discrimination based on religion, race, caste, sex and place of birth.
Prof. Dicey, explaining the concept of legal equality as it operated in England and said: “with us every official, from the prime minister down to a constable or a collector of taxes, is under the same responsibility for every act done without any legal justification as any other citizen.”
This Article is clearly note down in two parts – while it commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept. The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish
equality amongst all. It is positive in character. The first expression ' Equality before law ' is of English origin and the second expression has been taken from the American Constitution.
Equality before law: -
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Equality before law is taken from English Common law, states that the people living in India can claim the basic rights of this country equally regardless of being poor or rich, low-ranked or high-ranked officials, creed or caste differences or other gender discriminations.
Equality Before the Law is a negative concept as it implies the absence of any special privilege in favour of individuals. Implies no discrimination before the law on inapposite grounds whether rich or poor, high or low, official or non-official.
Equal protection of the laws: -
“Equal protection of law” has been given in article 14 of our Indian constitution which has been taken from section 1 of the 14th amendment act of the constitution of the united state. It only means that all persons similarly circumstance shall be treated alike, both the privileges conferred and liabilities imposed by the laws.
The words ' any person ' in Article 14 of the constitution denotes that the guarantee of the equal protection of laws is available to any person which includes any company or association or body of individuals, The protection Article 14 extents to both citizen and non - citizen and to natural persons as well as legal persons.
Equal protection of law is a positive obligation under which the state brings about necessary social and economic changes, to ensure every person enjoys equal protection. This implies that such protection should be without any favour and discrimination. This implies equal treatment in similar circumstances, both in the privileges and liabilities imposed by the law.
Rule of law-
The Judiciary, the Legislature, and the Executive are not only bound by the provisions of the Constitution but also must behave in accordance with them, making all three government institutions subject to it.
The State constitution recognizes the concept of judicial review, and citizens may ask the High Court and the Supreme Court to safeguard their constitutional rights. Ordinary courts of law have the authority to invalidate the Executive or the government if they abuse their authority or engage in dishonest behaviour.
The Supreme Court of India stated in Chief Settlement Commissioner Punjab v. Om Prakash that the notion of the rule of law is the crucial and most distinctive aspect of our constitutional system, which in this case refers to the capacity of the legal system to judge all administrative action according to the legality standard.
The Court continued by asserting that the rule of law concept rejects the notion of a dual state, in which government behaviour is kept in a privileged position of immunity from parliamentary scrutiny.
Exceptions To Rule Of Law: -
1. Delegated Legislation: The grant of discretionary powers to government officials to enable them perform their duties effectively can be used against the citizens. Officials can make statutory regulations that when administered will abuse the rights and liberties of individuals.
2. Diplomatic Immunity: Ambassadors and diplomats cannot be sued and prosecuted in countries where they are serving as they are treated as above the law of the host country, rather they can be repatriated. This undermines the principle of equality of everybody before the law.
3. Existence of Administrative Tribunals or Special Courts: These courts and tribunals use special procedures that are not observed in civil courts. This makes justice obtained in such courts not to be in consonance with the rule of law. More so, most of the judgments of such tribunals forbids individual rights of appeal.
4. Special Privileges: There are some certain individuals that are immune against the law of the country. Such people include the President and the Vice President, Governors, members of the Parliament (National Assembly) and some other high ranking government officials. Judges are immune from law while adjudicating in the court. This is to make them to carry out their duty without fear or favour.
5. State of Emergency and War: During certain conditions that are critical which may make the government to declare a state of emergency or when there is war, government usually invoke certain discretionary powers. These powers when exercised by the government usually denies individuals part of their fundamental human rights as people may be confined to their homes or restricted from carrying out certain activities or individuals may be forced to go and fight war to defend their country even if it is against their wish.
6. Poverty, Illiteracy and Ignorance: Most people especially in developing countries are illiterates. They do not know how to read and write; hence, they cannot read and comprehend their rights as entrenched in the constitution. Sometimes, when they can read, they are ignorant of what constitutes their rights. While the level of poverty in the country do not allow them to pursue or sue anyone that infringed their rights.
The principle of ‘Rule of Law’ was propounded by the British jurist A.V. Dicey. His concept has the following three elements or aspects:
No Arbitrary Power: There should be an absence of arbitrary power, that is, no man can be punished except for a breach of law. This is applicable in the Indian system.
Equality Before Law: Equality before the law is the subjection of all citizens, regardless of class (i.e., rich or poor, high or low, official or not), to the common law of the state as applied by ordinary law courts.
Source of Individual Rights: According to Dicey, courts should be the enforcing authority. It held that the court of law is the source of individual rights. This provision is not applicable in the Indian system as India has a written constitution, which is the source of individual rights.
In the case of Ramesh Prasad v. State of Bihar, AIR 1978, it is to be noted that aim of both the concept, ‘Equality before law’ and ‘Equal protection of the law’ is the equal Justice.
In the case of Indian Young Lawyer’s Association v. State of Kerala (2018) the Supreme Court by the majority of 4:1 ratio declared the custom of Sabrimala temple prohibiting females in their ‘menstruating years’ from entering the temple area.
In the case of Vishaka v. State of Rajasthan (1997) the landmark judgment where the court held that Sexual Harassment of women at the workplace violates their fundamental rights guaranteed under Articles 14, 19 and 21. It led to the enactment of The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013.
In Maneka Gandhi v UOI, (1978), This is one of the most important judgements when it comes to cases related to Constitution. In this case a seven-judge bench discussed the question on violation of Articles 14, 19 and 21 all these articles have to be read together. Any law interfering with personal liberty of a person must satisfy the following three points: (i) it must prescribe a procedure; (ii) the prescribed procedure shall withstand the test of one or more rights guaranteed under Article 19 in a given situation and (iii) it must also be liable to be tested with reference to Article 14. As the law in question interfering with personal liberty of an individual must also be just and fair and it shall not be discriminatory or arbitrary.
In case of Air India v Nargesh Meerza, 1978, this case was brought forward when Air India rules were regulated and it was made mandatory that a female attendant need to retire under these circumstances: - (1) upon reaching 35 years of age, (2) upon getting married, or (3) upon first pregnancy. The same rules were not applicable to male attendants. When petition was brought before the Supreme Court regarding these rules the Supreme Court observed that the same rules were not applicable to male attendants. The Court held the rules down, holding that these requirements constituted official arbitrariness and hostile discrimination and it is a clear violation of Articles 14 and 21 of the Indian Constitution.
National Legal Service Authority [NALSA] v UOI, AIR 2014, this case was filed by the National Legal Services Authority of India (NALSA) which is an Indian statutory body to legally recognize persons who fall outside the male/female gender binary, including persons who identify as “third gender”.
While drawing attention to the fact that transgender person were subject to “extreme discrimination in all spheres of society”, the Court held that the right to equality (Article 14 of the Constitution) was framed in gender-neutral terms (“all persons”). Consequently, the right to equality would extend to transgender persons also.
In, Shayara Bano v. Union of India And Ors., 2017, (also called Triple Talaq judgement) the Hon’ble Supreme Court had an opportunity to observe the inclusion of personal laws in Article 13. But the Court believed that since Shariat law is a statutory law codified by the central legislative assembly, the rights with Muslim men to pronounce triple talaq and get divorced is arbitrary and unreasonable.
Conclusion: -
Right to equality is a one of the most important part of the Indian constitution, which gives strengthen to all those people who belongs to Indian nationality. It is necessity of the upcoming generation to secure their right & change our developing India in to developed India. Article 14 to18 is the fundamental right which is says about the equality of status, community and gender. This article is a give wings to all citizens to make anything in any place, that's why Article. 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 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. This article save, The Human Rights Act makes it illegal to discriminate on a wide range of grounds including 'sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status'.
Reference :-- Constitutional law of India - J.N. Pandey
- Constitution of India - M. Lakshmikant
- Https://indiankanoon.org
- www.constitutionofindia.net
- Https://blog.pleaders.in
- https://en.m.wikipedia.org
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