Article 14 of Constitution of India
Article 14 of Constitution of India deals with Equality before Law.
From the Constitution
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- 'Equality' means 'Legal Equality' and not natural equality. 'Equality before the Law' means that among equals the law must be equal and must be equally administered, that like must be treated alike.
Related Cases / Recent Cases / Case Laws
- Major General HM Singh, VSM v Union of India and Another, Civil Appeal Jurisdiction, Civil Appeal Petition No 192 OF 2014, Supreme Court of India judgement dated January 9, 2014
- Lucknow K Gramin Bank (Now Allahabad, U P Gramin Bank) and Another v Rajendra Singh, Civil Appeal Jurisdiction, Civil Appeal Petition No 6142/2013, Supreme Court of India judgement dated July 29, 2013
- Indra Sawhney v Union of India, AIR 1993 SC 477: Courts have upheld legislation that containing apparently discriminatory provisions where the discrimination is based on a reasonable basis. The test that has been used by the judiciary is whether the classification of persons has been based on some intelligible differentia, and whether these differentia had any nexus with the object of the legislation.
- Vijay Lakshmi v Punjab University, (2003) 8 SCC 440): Court upheld decision that a Women's college principal need to be a lady and that it is not a violation under Article 14 or 16 on the grounds of discrimination of sex because the decision had reasonable classification and having a nexus with the object sought to be achieved.
- Smt K Vijaya Lakshmi Vs Govt of Andhra Pradesh Represented by its Secretary Home (Courts C1) Department and Another, Civil Appeal Jurisdiction, Civil Appeal No. 1389 OF 2013, Supreme Court of India judgement dated February 18, 2013
- State of Punjab Vs Salil Sabhlok and Others, Civil Appeal Jurisdiction, Civil Appeal No. 7640 OF 2011, Supreme Court of India judgement dated February 15, 2013
- Balmer Lawrie and Co and Others Vs Partha Sarathi Sen Roy and Others, Civil Appeal Jurisdiction, Civil Appeal No. 419-426 OF 2004, Supreme Court of India judgement dated February 20, 2013
- Rajendra Yadav Vs State of M P and Others, Civil Appeal Jurisdiction, Civil Appeal No. 1334 OF 2013, Supreme Court of India judgement dated February 13, 2013
- State of Bihar and Others Vs Nirmal Kumar Gupta, Civil Appeal Jurisdiction, Civil Appeal NO. 128 OF 2013 (Arising out of S.L.P. (C) No. 19133 of 2009), Supreme Court of India judgement dated January 8, 2013
- Sangeet and Another Vs State of Haryana, Criminal Appeal Nos. 490-491 of 2011, Supreme Court of India judgement dated November 20, 2012
- State of Gujarat and Others Vs Arvindkumar T Tiwari and Another, Civil Appeal No: 6468 of 2012; Supreme Court Judgement dated September 14, 2012
- Azija Begum Vs State of Maharashtra and Anr 2012 – 1- L.W. (Crl.) 485
- Hemraj L Chulani vs Bar Council of Maharashtra & Goa: Supreme Court of India held that the rule made by Bar Council of India restricting the entry of person already carrying on other profession is not arbitrary and therefore, not against Article 14. See Also: Section 24 of Advocates Act, 1961 that deals with the topic of 'Persons who may be admitted as advocates on a State roll'.
- Sheo Shanker vs State of MP, AIR 1951 Nag. 58: Aim of both the concepts of 'Equality before law' and 'Equal protection of law' is the equal justice.
- Hussainara vs State of Bihar, AIR 1979 SC 1369: Right to life and personal liberty includes right to live free legal aid.
- Bandhua Mukti Morcha vs Union of India, AIR 1984 SC 802: Right to life means Right to live with human dignity free from exploitation.
- GM Uttaranchal Jal Sansthan vs Laxmi Devi, AIR 2009 SC 3121: Equality clause cannot be applied in a case where it arises out of illegality.
- State of West Bengal vs Anwar Ali, AIR 1952 SC 75: The West Bengal Special Courts Act, 1950 and notification issued thereunder were held invalid, as it made no reasonable classification.
- Tika Ram Ji vs State of UP, AIR 1956 SC 676: Where the statute confers wide powers and at the same time provides procedural safeguard against arbitrary exercise of power, it would uphold such powers. In the case, the court held that the power was not to be bad under Article 14 as it confers safeguards against its exercise in a discriminatory manner.
Other Articles from the Constitution of India
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- Article 16: Equality of opportunity in matters of public employment
- Article 17: Abolition of Untouchability
- Article 18: Abolition of titles
- Administrative Discretion and Fundamental Rights
- Principles of Natural Justice
- Principles of Natural Justice and India