Right to Equality — Article 14 — KSLU Constitutional Law Notes

Right to Equality — Article 14

Article 14 guarantees “equality before the law” (a negative concept, of British origin — no one is above the law) and “equal protection of the laws” (a positive concept, of American origin — like should be treated alike).

Equality does not mean identical treatment for all. The State may classify — but only by reasonable classification, which must satisfy a twin test: (i) the classification rests on an intelligible differentia, and (ii) that differentia has a rational nexus to the object of the law. Beyond classification, the modern reading adds that arbitrariness itself violates Art. 14 — “equality is antithetical to arbitrariness” (E.P. Royappa v. State of Tamil Nadu, 1974; Maneka Gandhi, 1978).

Cases: Air India v. Nargesh Meerza (1981) — discriminatory service rules struck down; E.P. Royappa / Maneka Gandhi — the arbitrariness doctrine; Indra Sawhney (1992) — equality of opportunity in public employment.