2. Article 14
The Constitution Of India 1949
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 Prohibition of
discrimination on grounds of religion, race, caste, sex
or place of birth.
3. What is Article 14 of Indian Constitution?
According to Article 14, “the State shall not deny to any person
equality before the law or equal protection of the laws within
the territory of India”. While the concept of “equality before the
law” was borrowed from the Common Law upon which English
Legal System was founded, the phrase “equal protection of
laws” has its link with the American Constitution.
Both the phrases advocate “equality to status and of
opportunity.” In fact, “equal protection of laws” also emphasises
on equal treatment under equal circumstances. Thus, Article 14
stands against any arbitrary or discriminatory laws passed by
legislatures. Whenever there’s arbitrariness in the State action,
an individual can fall back on Article 14.
4. Significance of Article 14 of Indian Constitution
• After the Supreme Court gave its verdict on Sharia courts
stating that they have no legal authority and their decisions
are not legally binding, the discussions on fundamental
rights gained momentum. The court had categorically
mentioned that fatwas must not violate the rights of
individuals guaranteed by law. In this context, people
should be reminded and made aware of the Article 14 in the
Constitution of India.
5. Violation of Article 14 in Indian States
Be it the sharia courts or the khap panchayats (caste
council), the rulings of these extra-constitutional bodies
have been invariably regressive. For that matter, rulings of
judicial bodies of all religions often tend to rob an
individual of his fundamental rights. Under the garb of
obeying religious laws, these authorities try to impose
restrictions on personal freedom.
6. Right to Equality
The fundamental rights are guaranteed to protect the basic human
rights of all citizens of India and are put into effect by the courts,
subject to some limitations. One of such fundamental rights is the
Right to Equality. Right to Equality refers to the equality in the eyes
of law, discarding any unfairness on grounds of caste, race, religion,
place of birth sex. It also includes equality of prospects in matters of
employment, abolition of untouchability and abolition of titles.
Articles 14, 15, 16, 17 and 18 of the Constitution of India highlight the
Right to Equality in detail. This fundamental right is the major
foundation of all other rights and privileges granted to Indian
citizens. It is one of the chief guarantees of the Constitution of
India. Thus, it is imperative that every citizen of India has easy
access to the courts to exercise his/her Right to Equality.
7. Equality Before Law
Equality before law is well defined under the Article 14 of
the Constitution which ensures that every citizen shall be
likewise protected by the laws of the country. It means that
the State will not distinguish any of the Indian citizens on
the basis of their gender, caste, creed, religion or even the
place of birth. The state cannot refuse equality before the
law and equal defense of the law to any person within the
territory of India. In other words, this means that no
person or groups of people can demand for any special
privileges. This right not only applies to the citizens of
India but also to all the people within the territory of India.
