What is “Equality Before the Law” in Article 14 of the Constitution?

Article 14 of the Indian Constitution guarantees the right to Equality before the law or equal protection of the law to all individuals within the territory of India. This principle is known as the “equality before the law” clause. Let me explain what it entails:

Equal protection of laws

This clause ensures that all individuals, regardless of their caste, creed, religion, sex, or place of birth, are equal in the eyes of the law. It means that the State cannot discriminate against anyone on these grounds and must treat all individuals equally.

Absence of arbitrary discrimination

Article 14 prohibits the State from making arbitrary or unreasonable distinctions while applying laws. It ensures that similar situations and persons in similar circumstances are treated alike. The law must apply uniformly to all individuals without favouring or targeting any particular group.

The rule of law

The principle of Equality before the law upholds the concept of the rule of law. It means that everyone is subject to the same legal framework, and no one is above the law. The government and its authorities must act within the confines of the law and cannot exercise arbitrary power or discretion.

Access to justice

Article 14 also encompasses the right to access justice. It ensures that every person has the right to approach the courts and seek remedies if they violate their rights. This provision promotes a fair and impartial judicial process for all individuals.

However, it is essential to note that the concept of Equality before the law does not imply absolute Equality of treatment in all circumstances. 

The doctrine of reasonable classification

A reasonable classification is allowed, provided it is based on intelligible differentia and bears a rational nexus with the objective sought to be achieved. Specific provisions, such as affirmative action or reservations, may be made to uplift marginalized or disadvantaged sections of society to attain substantive Equality. These measures aim to create a more equitable society while maintaining the underlying principle of Equality before the law.