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.
Article 14 of the Indian Constitution guarantees “equality before the law” and “equal protection of the laws” to all persons within the territory of India, ensuring that everyone is treated equally under the law, regardless of their background.
Detailed Explanation:
- Core Principle: Article 14 is a fundamental right that prohibits the state from denying any person equality before the law or equal protection of the laws within the territory of India.
- Two Concepts: Article 14 encompasses two key concepts:
- Equality before the law: This means that all persons, regardless of their background (religion, race, caste, sex, etc.), are subject to the same laws and legal processes.
- Equal protection of the laws: This principle ensures that the law applies equally to all, and that people in similar circumstances are treated similarly.
- Scope of the Right: This right is extended to both citizens and non-citizens, as well as legal entities like companies.
- Exceptions to the Right: While Article 14 guarantees equality, there are exceptions to this right, such as special provisions for women, children, Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
- Judicial Interpretation: The Supreme Court has played a crucial role in interpreting and expanding the scope of Article 14, emphasizing the importance of fairness, justice, and the rule of law.
- Doctrine of Arbitrariness: The Supreme Court has established that arbitrariness is the antithesis of equality, and any arbitrary action by the state violates Article 14.
- Examples of Article 14 in Action:
- The principle of “like should be treated alike” is followed under equality before the law.
- The right to sue and be sued for the same cause of action should be the same for people who are equals.
- The state cannot discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.