Article 14 – 18, Right to equality

(Article 14-18)Right to equality

Article 14: Equality before Law

Article 16: There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Article 17: Abolition of untouchability

Article 19: Abolition of all titles except military and academic

 Article 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

Article 14 is the first FR. It embodies general principle of every one is equal before law and prohibits unreasonable discrimination between persons.

The article 14 uses two expressions: “equality before law” and “equal protection of law”

Equality before Law

• This concept is taken from UK, means that no person is above law and all are equal before the law and every individual has access to courts. Example: Lady Justice is blind folded it means everyone is equal before law at the time of judgment whoever be the person irrespective of class, cast or position or any rank, everyone will be at same position in front of law.
• While equality before law is somewhat negative concept implying the absence of any special privilege in favor of individual.

Equality before the law and absolute equality: On one hand, Equality before Law prohibits providing any special privilege to any community or people. But it has certain exceptions:

• As per article 361, the President of India or Governor of states is not answerable to any court for the exercise of their powers/duties and no civil or criminal proceedings can occur or continue against them in any court during their term of office.
• As per article 361-A, no civil or court proceedings can occur for a person for publishing any substantially true report of either House of the Parliament and State Legislature.
• No Member of Parliament (article 105) and State Legislature (article 194) shall be liable to any court proceedings in respect of anything said or any vote given by him in Parliament or any committee.
• The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.

Equality before law and Rule of law: The Rule of Law which is given by Prof. Dicey says that no one here is beyond or above the law and is equal in front of the law. Law is supreme not even the law maker is above the law. Rule of Law guarantees every person the Equality before Law. The Rule of Law states that in a country all should be treated equally and as there is no state religion so it (state) should not discriminate against any religion here the concept of uniformity should be applied. Basically, it is derived from Magna Carta (is a charter of rights signed in the UK) which prohibits the arbitrary power of the state.

Dicey had given three meanings to this term:

1. The supremacy of law: It means that the law is supreme and the Government cannot act arbitrarily. If a person has violated any law, he can be punished but he cannot be punished for anything else at the whim of the Government.
2. Equality before Law: It means that all the people should be subject to the same provisions of law which is administered by the ordinary courts of the land. Thus, no person is above the law and has to follow the law. Dicey had given an exception to the Monarch under this rule because in England it is believed that the King can do no wrong.
3. Constitution originates from the ordinary law: It means that the rights of the people is not granted by the constitution but instead it is the result of the law of the land which is administered by the courts.

In India, the first and second rule has been adopted but the third rule has been omitted because the Constitution is the supreme law of the land and the rights of the people originate from it and all the other laws which are passed by the Legislature should not violate the provisions of the Constitution.

Equal Protection of Laws

This concept is taken from USA. It puts the positive obligation on the state by bringing socio-economic changes. It says that it is not necessary that laws should be having universal application, it means that on every individual law apply in a same way it’s not necessary. Example: In a house there are two children one of age 5 years and another one of 10 years age. It says that equal treatment must be given to both of them such as proper education, health facilities etc. it means that it is not necessary that 5 years child will be given same quantity food as given to 10 year child, so it’s not possible. So for the betterment it is necessary that both of their needs must be differentiated and classification of their needs must be done, this is equal protection of law.

• Equal protection of law basically means that law provides equal opportunities to all those who are in similar circumstances or situations.  So a reasonable classification is only not permitted but is necessary if society is to progress.
• In Equal protections of laws there is use of “s” word in plural sense. It means for better public welfare, classification is must and there are different factors in our country and when we recognize such factors then we will be able to bring better laws. So for public welfare we have recognized different factors and made such classification such as cast difference, gender difference.
• Stephen’s college v. university of Delhi The court held that the expression “Equal protection of the laws is now being read as a positive Obligation on the state to ensure equal protection of laws by bringing in necessary social and economic changes so that everyone may enjoy equal protection of the laws and nobody is denied such protection.

Government should not take undue advantage of such classification, so there is a test which was developed in State of Bombay vs. Balsara Case. This test have two conditions 1. Intelligible Differentia 2. Rational Nexus.

Let’s understand with an example: One school conducted exam to see that how much student is able to understand math so student of class 5^th and 12^th called for an exam and given same question paper. Same question paper for class 5^th and 12^th so it was obvious that class fifth student will be scoring less so it will be not fair so it is necessary to have different question paper for class 5^th and 12^th this is known as intelligible differentia.

It means if you are creating two groups then it is necessary that you should assign the reasons that on what basis they have been differentiated. There has to be and intelligible differentia and there must be some reason that should clear that why we have differentiated class 12th and class 5^th.

We can’t make class 5th the student to study 12th and give same paper so this is not possible. The aim must be that specific age group of student must be given question paper on their level. This is known as rational Nexus it means that whatever may be the purpose of Differentiation or whatever that you have achieved them must be some Nexus between them. It means there must be rational relationship between classification and desired results.

• It is now accepted that persons may be classified into groups and such groups may be treated differently if there is a reasonable basis for such difference. The principle of equality does not mean that every law must have universal application to all the persons who are not by nature, attainment or circumstances in the same position. The varying needs of different classes of persons require different treatment. In order to pass the test for permissible classification two conditions must be fulfilled, namely: (1) the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (2) the differentia must have a rational nexus with the object sought to be achieved by the statute in question.

No equality in illegality

There cannot be equality before the law for the person who is a wrongdoer. A person who is doing illegal acts cannot ask for Right to Equality in front of a court or the judicial system. The case of Baliram Prasad Singh v. State Of Bihar of Patna High Court clearly explains that there cannot be equality for illegal acts as the petitioner was himself at fault, therefore, he was made to compensate for his illegal act. 

Access to Justice

• By equality before the law, it means everyone has access to justice. No one can be barred from access to justice. Here all should be treated equally in front of the judicial system. The word “Access to Justice” includes some basic rights of a person. By term access to justice, we mean that every person should have the right to appear in court.
• Also, there are many people who are deprived of access to justice due to economical knowledge or due to lack of awareness. Here it means that the government needs to play a vital role in providing justice to them. For granting Access to Justice we need to reform our judicial system. We need to work on the legal aid system.

Protection against arbitrariness

• There is a thin line of difference between being arbitrary and non-arbitrary actions. The right to equality prevents the arbitrary action of the state. This article speaks about the Equal Protection of Law and it is against the doctrine of arbitrariness. For protection against arbitrariness, there are several restrictions put on every organ of the state. It is an important part to prevent the organ of the state from making any arbitrary decision.

The doctrine of legitimate expectation

• Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority.
• The doctrine of legitimate expectation is basically not a legal right but rather it is a moral obligation on the part of the administration to look and make laws that provide equality to all people in a territory. It gives the right of judicial review in administrative law to protect the interest of people when public authority fails to do so (or when Public authority rescinds from the representation made to a person). However, these expectations needed to be reasonable and logical that’s why they are called legitimate expectations. These instruments are provided to prevent everyone against the misuse of power by the organs of the state. It put a type of restriction (although it is a moral restriction) on a state to use its power arbitrarily.

Administrative discretion

• It is the freedom of administration to react or decide on any situation according to the circumstance. Discretion basically describes the understanding of any person to decide what is wrong and what is right, what is true and what is false etc is and reacting to these situations accordingly.
• The legislature legislates any law on many presumptions and it cannot exactly foresee everything that is going to take place because of that law. The main purpose of administrative discretion is to maintain equality in all sections of society. However, this administrative discretion should not go beyond the line and should be used with proper care. The discretion may amount to arbitrariness.

Exceptions of 14

• As per article 361, the President of India or Governor of states is not answerable to any court for the exercise of their powers/duties and no civil or criminal proceedings can occur or continue against them in any court during their term of office.
  
  
• As per article 361-A, no civil or court proceedings can occur for a person for publishing any substantially true report of either House of the Parliament and State Legislature.
• No Member of Parliament (article 105) and State Legislature (article 194) shall be liable to any court proceedings in respect of anything said or any vote given by him in Parliament or any committee.
• The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings

New Concept of Equality It includes Reasonableness + 2 test and, it target arbitrariness and support reasonableness.

 E. P. Royappa vs State of Tamil Nadu

• For the first time a new dimension of article 14 and pointed out that article 14 has highly activist magnitude and it embodies a guarantee against arbitrariness.
• Equality is a dynamic concept, with changing time society also needs to change, with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinal limits. Equality and arbitrariness are sworn enemies as one belongs to the rule of law while other to the order of monarch.

Air India vs Nargesh Meerza 

• The concept of equality under article 14 has gone through many changes and now the present concept of equality has a greater scope compared to its scope before.
• The provision of Indian Airlines was that the Air hostess has to retire on attaining age of 35 or they have married within 4 years of service or attains First pregnancy.
• The Court held that terminating the service on the ground of First pregnancy amounts to discrimination and it’s a violation of Article 14. There was no ground why first pregnancy should stand in the way of her running service. Of the court said that the termination of service on pregnancy was manifestly unreasonable and arbitrary on the basis of this it was violation of article 14 of Indian constitution.