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Right to Equality (Article 14) – Expanding Horizons in Modern Indian Jurisprudence
- The Law Gurukul
- Jul 3
- 2 min read
Introduction
Article 14 of the Indian Constitution declares: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." While seemingly simple, this Fundamental Right has evolved into a dynamic tool against arbitrariness, discrimination, and state excesses. This blog explores the scope of Article 14, its judicial interpretations, and modern trends shaping its application in contemporary India.
Understanding Article 14: Two Key Concepts
Article 14 guarantees:
Equality Before Law (Negative Obligation)
No person is above the law (including government officials).
Example: A minister and a common citizen are equally punishable for the same crime.
Equal Protection of Laws (Positive Obligation)
The state must treat equals equally and unequals differently (reasonable classification).
Example: Reservations for SC/STs are valid as they address historical inequality.
Judicial Evolution of Article 14
1. Classic Doctrine: "Reasonable Classification" (1950s-1970s)
Courts allowed classification if based on intelligible differentia and rational nexus.
Case: State of West Bengal v. Anwar Ali Sarkar (1952) – Struck down arbitrary special courts.
2. Shift to "Non-Arbitrariness" (Post-1970s)
E.P. Royappa v. State of Tamil Nadu (1974):
"Equality is antithetic to arbitrariness."
Expanded Article 14 to prohibit any arbitrary state action, even without classification.
3. Modern Approach: Substantive Equality & Proportionality (21st Century)
Courts now assess:
Discriminatory impact (not just intent).
Proportionality – Whether a law’s restrictions are balanced.
Landmark Cases:
Navtej Singh Johar v. UoI (2018) – Decriminalized homosexuality under Article 14 + 21.
Joseph Shine v. UoI (2018) – Struck down adultery law as gender-discriminatory.
Expanding Scope: New Frontiers of Article 14
1. Gender Justice & LGBTQ+ Rights
Cases: NALSA (2014) (Transgender rights), Supriyo v. UoI (2023) (Marriage equality debate).
Trend: Courts reject stereotypes, e.g., adultery law punished only men.
2. Digital Equality & Privacy
Justice K.S. Puttaswamy (2017) – Privacy is part of Article 14 + 21.
Aadhaar Case (2018): Allowed welfare use but barred private firms from demanding Aadhaar.
3. Economic & Social Equity
Example: SC upheld EWS Reservations (2022) under Article 14, allowing 10% quota for poor upper castes.
4. Environmental Justice
M.C. Mehta Cases: Pollution control laws must apply equally to industries.
Key Exceptions & Permissible Discrimination
Article 14 permits reasonable classification in:
✅ Reservations (Articles 15-16)
✅ Welfare schemes (e.g., freebies for farmers, women)
✅ Progressive taxation (Rich taxed higher)
Test: The classification must be rational, not whimsical.
Criticisms & Challenges
Judicial Overreach? – Some argue courts "rewrite" laws under Article 14.
Delayed Justice – Poor enforcement weakens equality in practice.
Controversial Classifications – E.g., EWS Quota debates.
Conclusion: Article 14 as a Living Right
From prohibiting colonial-era discrimination to advancing LGBTQ+ rights, Article 14 remains the bedrock of constitutional justice. Modern courts use it to combat algorithmic bias, gender apartheid, and crony capitalism, proving its adaptability. However, its true power depends on executive compliance and public awareness.
Do you think Article 14 is being interpreted too broadly? Should it cover private corporations? Comment your thoughts!
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