1. The protection of Article 14 extends to
- Citizens and non citizens
- natural and legal persons
-Equality before law is guaranteed
to all without regard to
race, colour or nationality
Exception to the Rule of Law:
Rule of equality is not absolute
1. Private persons : : public officials
2. 2. Rule of Law does not prevent
certain classes of persons
being subject to special rule
Armed forces : military laws
Medical practitioners : MCI
They are subjects of statutory body
are immune from the jurisdiction of
ordinary courts
Art. 361 : immunity to President of India
and Governors of State
3. Not answerable to any courts
for any act done or purporting to be done
by him
exercising and performing his powers and
duties
No criminal proceedings shall be instituted
during his term of office
No arrest or imprisonment during term of
his office
4. Exception to Rule of Law
3. Powers given to ministers and
executives
Discretionary powers by statutes
Powers - ‘to act as he thinks it’ or ‘if he is
satisfied’
Abuse of such powers
Legislation delegated : rules, orders or
statutory instruments made by ministers
and other bodies
not by Parliament
5. 4. Certain members of society are governed
by special rules in their professions
Lawyers, doctors, nurses, armed forces,
police etc.
Different from ordinary citizens
Indian Perspective :
Art. 14 : restricted by 42nd Amendment Act
1976
Art. 31-C added by Amendment provides;
laws made by State for implementation of
Directive Principles
6. Contained in Art. 39 (b) or (c)
can not be challenged on the ground that
they are violative of Art. 14
31-C : saving of laws giving effect to
certain Directive Principles
39(b) : State shall in particular direct its
policy towards securing –
Ownership and control of material
resources of the community are so
distributed as best to subserve the common
good
7. (c) Operation of economic system does not
result in the concentration of wealth and
means of production to the common
detriment
Such laws are exception to Art. 14
In Case Sanjeev Coke Mfg. v. Bharat
Coking Coal ltd. SC held that
“Where Art. 31-C comes in
Art. 14 goes out”
8. Sanjeev Coke Mfg Co. v. Bharat Coking
Coal Ltd. (1983)1 SCC 147
Petitioner’s Coking Coal Mines and plants
were nationalised under Art. 31-C
Validity of Coking Coal mines
(Nationalisation) Act 1972 was challenged;
On the ground that it was violative of Art.
14;
And need for nationalisation was not felt
even after so many years;
It could not be done under Art. 31-C now
9. The Court rejected these contentions;
SC held that the Act was valid under Art.
31-C notwithstanding that it violated Art.
14 of the Constitution
Partial and selective nationalisation was
permissible
And the extent of nationalisation was
a matter of legislative judgment beyond the
judicial review
Thus where in the welfare of public in
general Art. 31-C implemented; Art. 14
shall not be effective
10. Art. 359 (1) – where a proclamation of
emergency is in operation;
The President may by order
declare that the right to move any court
for the enforcement of FR
(except Art. 20 and 21) remains
suspended
By such order Art. 14 may be suspended
Art. 359 (1) is not violative of Art. 14;
It is one Constitutional provision for the
safeguard of national integrity
11. Art. 361- President and the Governors are
exempted from any criminal proceedings
during term of office
Art. 14 does not prevent certain classes
being subject to special rules
Under International Law,
foreign sovereign and ambassadors enjoy
full immunity from any judicial process;
Available to enemy aliens for acts of war
which will not violate Art. 14
