Constitution Article
Article 14 in Constitution of India
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.
Editorial Comment -Article 14 rejects any type of discrimination based on
*caste*, race, and religion, place of birth or sex. This Article is having
a wide ambit and applicability to safeguard the rights of people residing
in India.
This article is divided into two parts:
Equality before the Law: This part of the article indicates that all are to
be treated equally in the eyes of the law. This is a negative concept as it
implies the absence of any privilege in favor of any person. This is a
substantive part of the article.
*Equal protection of the Laws: This part means that the same law will be
applied to all the people equally across the society. This is a positive
concept as it expects a positive action from the state. This is a
procedural part of article 14.*
“The dissent of Justice Subba Rao in the State of U.P. v. Deoman Upadhyaya
1960stated that Article 14 comprises both “positive content” as well as
“negative content”. Whereas, equality before the law is a negative content,
equal protection of the laws exhibits a positive content of Article 14.”
The doctrine of Anti Arbitrariness: The scope of article 14 was drastically
increased by the Supreme Court by including the executive discretion under
its ambit. In the case of E.P. Royappa v. State of Tamil Nadu, 1974, the
court said that Article 14 gives a guarantee against the arbitrary actions
of the State. The Right to Equality is against arbitrariness. They both are
enemies to each other. So it is important to protect the laws from the
arbitrary actions of the Executive.
“The first landmark judgment which actually spotted the virtue of
non-arbitrariness in Article 14 was S.G. Jaisinghani v. Union of India .
The Court, for the first time held “absence of arbitrary power” as sine qua
non to rule of law with confined and defined discretion, both of which are
essential facets of Article 14.” In here Justice Subba Rao elaborating on
the wide expanse of Article 14 , vide para 14 held thus: “In this context
it is important to emphasize that the absence of arbitrary power is the
first essential of the rule of law upon which our whole constitutional
system is based. In a system governed by rule of law, discretion, when
conferred upon executive authorities, must be confined within clearly
defined limits.”
In the Maneka Gandhi v. Union of India, 1978, Justice Bhagwati said that
Equality is against the arbitrariness of State action. So this doctrine
ensures equality of treatment. “The seven-Judge Bench held that a trinity
exists between Article 14, Article 19 and Article 21. All these articles
have to be read together. Any law interfering with personal liberty of a
person must satisfy a triple test: (i) it must prescribe a procedure; (ii)
the procedure must withstand the test of one or more of the fundamental
rights conferred under Article 19 which may be applicable in a given
situation; and (iii) it must also be liable to be tested with reference to
Article 14.”
Natural Justice as a part of Article 14: From the case of A.K. Kraipak v.
Union of India, It is evident that Natural Justice (natural justice is
technical terminology for the rule against bias and the right to a fair
hearing (audi alteram partem)) is an integral part of Article 14. The
court held that “the Principle of Natural Justice helps in the prevention
of miscarriage of Justice, These Principles also check the arbitrary power
of the State.”
Classification Test: In the case of Ram Krishna Dalmia v. Justice
Tendolkar, 1958 the Supreme Court describes the jurisprudence of equality
before the law. It simply permits the State to make differential
classification of subjects (which would otherwise be prohibited by Article
14) provided that the classification is founded on intelligible differentia
(i.e. objects within the class are clearly distinguishable from those that
are outside) and has a rational nexus with the objective sought to be
achieved by the classification.
In the case of Indra Sawhney v UOI, 1993 which is a landmark judgment on
aspects of reservation in India. “The Court interpreted the relation
between Article 14 and Article 16. It was held that Article 16(1) is a
facet of Article 14. Just as Article 14 permits reasonable classification,
so does Article 16(1). A classification may involve reservation of seats or
vacancies. The principle aims of Article 14 and 16 is equality and equality
of opportunity and Clause (4) of Article 16 is a means of achieving the
very same objective. Both the provisions have to be harmonized keeping in
mind the fact that both are the restatements of the principle of equality
enshrined in Article 14.”
Further expansion of Article 14 was done in the case of Visakha v State of
Rajasthan, 1997
“The judgment sought to enforce the fundamental rights of working women
under Articles 14, 19 and 21 of the Constitution of India. Sexual
Harassment violates the fundamental right of the women of gender equality
which is codified under Article 14 of Indian Constitution and also the
fundamental right to life and to live a dignified life. The Court held that
even though there is no express provision for sexual harassment at
workplace under Indian Constitution, it is implicit through these
fundamental rights.” (references mentioned below)
Expansion of Article 14 in terms of defining Gender: In the case ofNational
Legal Service Authority [NALSA] v UOI, 2014.
“This case was filed by the National Legal Services Authority of India
(NALSA) 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 persons 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.”
Further in Shayara Bano v UOI, 2016 “the 5 Judge Bench of the Supreme Court
pronounced its decision in the Triple Talaq Case, declaring that the
practice of instantaneous triple talaq [Talaq-ul-biddat] was
unconstitutional. The Bench observed that the fundamental right to equality
guaranteed under Article 14 of the Constitution, manifested within its
fold, equality of status. Gender equality, gender equity and gender justice
are values intrinsically entwined in the guarantee of equality, under
Article 14.”
These above discussed landmark cases and many more have contributed to
expand the ambit and scope of Article 14 of the Constitution of India, to
strive for a more equal and fair society.
Q Then is not brahmin made inequal to schedule caste and minority and
majority discriminations?
In India, the principle of equality before the law, as enshrined in Article
14 of the Constitution, aims to ensure that everyone is treated equally
under the law, regardless of their caste. While Article 14 generally
prohibits discrimination, it also allows for reasonable classification,
meaning that laws can be different for different groups if there is a
justifiable basis for the distinction. This allows for affirmative action
policies that aim to uplift Scheduled Castes (historically marginalized due
to the caste system) while still upholding the principle of equality for
Brahmins and all other citizens.
1. Equality Before the Law:
Article 14 guarantees that all individuals are equal before the law and are
entitled to equal protection of the laws.
This means that no one, regardless of their caste, can be above the law or
be granted special privileges.
It implies that the law should be applied *uniformly to all citizens in
similar circumstances. *
2. Reasonable Classification:
While Article 14 prohibits class legislation (laws that arbitrarily
discriminate between groups), *it does allow for "reasonable
classification". *
This means that laws can be different for different groups if there is a
rational basis for the distinction and if the classification is related to
the objective of the law.
For example, affirmative action policies like reservations in education and
employment for Scheduled Castes and Scheduled Tribes are considered
permissible under Article 14 because they aim to address historical
inequalities and promote social justice.
3. Affirmative Action and Scheduled Castes:
The Indian Constitution includes provisions for affirmative action to
uplift Scheduled Castes, who have faced historical discrimination and
marginalization.
These provisions may involve reservations in education, employment, and
political representation.
While these policies may appear to differentiate between castes, they are
designed to address the existing inequalities and ensure that Scheduled
Castes have equal opportunities.
4. Balancing Equality and Social Justice:
The application of Article 14 in the context of caste involves balancing
the principle of equality with the need for social justice and affirmative
action.
The courts have generally held that affirmative action policies are
permissible *as long as they are based on reasonable classification and are
aimed at achieving a legitimate social objective. *
*The courts also emphasize that affirmative action should not be indefinite
and should be reviewed periodically to ensure that they are not
perpetuating inequality.*
In essence, the law in India does not treat Brahmins and Scheduled Castes
identically when it comes to addressing historical injustices and ensuring
equal opportunity. However, this differential treatment is not seen as a
violation of the principle of equality because it is based on reasonable
classification and aims to achieve social justice. The goal is to create a
society where everyone has a fair chance to succeed, regardless of their
caste background.
Q discrimination of minority and majority shows the law is not
equal to both
The statement is generally true. Discrimination against minorities often
suggests that the law is not being applied equally to all citizens, as it
should. While the law may be written in a way that appears neutral, its
application or interpretation can favor the majority, resulting in unequal
treatment.
Unequal Application of the Law:
Even if laws are designed to be neutral, they can be applied differently
based on factors like race, religion, or social status. This can lead to a
situation where the majority group enjoys certain advantages or protections
that are not extended to minorities.
Structural Discrimination:
Discrimination can also be embedded in the systems and institutions of a
society. This means that even without explicit discriminatory laws,
policies and practices can disadvantage minority groups in areas like
education, employment, and access to justice.
Tyranny of the Majority:
In some cases, the majority group's political power can be used to
marginalize or oppress minority groups. This can lead to the passage of
laws or policies that benefit the majority at the expense of minorities.
Historical and Social Context:
It's important to consider the historical and social context in which laws
are applied. Discrimination can be a legacy of past injustices, and even
neutral laws can perpetuate existing inequalities.
Examples:
Laws against cow slaughter disproportionately affecting Muslim cattle
traders, even when the majority group is not similarly prosecuted,
according to Human Rights Watch.
Anti-conversion laws used to target Muslim men who marry Hindu women.
Unequal access to education or employment opportunities based on religion
or caste.
Constitutional Protections:
Many countries have constitutional provisions guaranteeing equality before
the law and prohibiting discrimination based on various grounds. However,
these protections may not always be effectively implemented or enforced,
especially when dealing with deeply entrenched social inequalities.
B India has several laws prohibiting discrimination, rooted in the
Constitution and reinforced by specific legislation. Article 15 of the
Constitution prohibits discrimination based on religion, race, caste, sex,
or place of birth. Additionally, the Constitution includes Article 14
(equality before the law) and Article 17 (abolition of untouchability). Key
legislation includes the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, and the Protection of Civil Rights Act, 1955.
Constitutional Provisions:
Article 14: Guarantees equality before the law and equal protection of the
laws for all persons within India.
Article 15: Specifically prohibits discrimination based on religion, race,
caste, sex, or place of birth. It also addresses discrimination in access
to public places and facilities.
Article 17: Abolishes untouchability and forbids its practice in any form.
Specific Legislation:
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Enacted to prevent atrocities against members of Scheduled Castes and
Scheduled Tribes.
Protection of Civil Rights Act, 1955: Provides for the punishment of
offenses related to untouchability.
Transgender Persons (Protection of Rights) Act, 2019: Prohibits
discrimination against transgender persons in various sectors like
employment, education, and healthcare.
Other Relevant Laws and Provisions:
Equal Remuneration Act, 1976:
Ensures equal pay for men and women for the same work or work of a similar
nature.
Maternity Benefit Act, 1961:
Provides for maternity benefits and prohibits termination of employment of
pregnant women.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013:
Deals with the prevention and redressal of sexual harassment at workplaces.
These laws and constitutional provisions aim to create a society where all
citizens have equal opportunities and are protected from discrimination
based on various grounds.
Thus, Indian constitution (and word legal measures) maintain equality
under the constitution viz discrimination by law and rules ;and even if
advocated to repeal within a time frame, still shall be continued. THAT IS
KARMA.
K RAJARAM IRS 5825
--
You received this message because you are subscribed to the Google Groups
"Thatha_Patty" group.
To unsubscribe from this group and stop receiving emails from it, send an email
to [email protected].
To view this discussion visit
https://groups.google.com/d/msgid/thatha_patty/CAL5XZoq%3DEG5L01U2TJksasMyWQToeap3gL%3Dxv1sU0mGXG%3Dy4QA%40mail.gmail.com.
