Article 14 to 18 of Indian Constitution, Provisions, Clauses, Case Laws

Right to Equality

It is defined in Article 14 to 18 of Indian Constitution

Article 14: Equality Before the Law

The state shall not deny to any person equality before the law or equal protection of law within the territory of India.

The concept is premised upon the British concept of Rule of Law, which was popularized by A.V. Dicey. Equality before the law postulates that everybody shall be equal in the eyes of the law. A.V. Dicey's rule of law postulates:

• No man can be punished except for breach of law i.e., absence of arbitrary power.
• Equality before the law i.e., equal subjection of all citizens.
• Primacy of the rights of individuals i.e., the constitution is the result of rights of individuals as defined and enforced by the court of law.

This concept is not applicable in India but it is applicable in a modified way because in India the Constitution is the source of right rather than right being the source for Constitution.

Equality Before the Law is Negative

Some laws cannot be made applicable to every individual because individuals sometimes differ individually. Therefore sometimes this concept of equality is called negative equality.

It is also considered very negative because it has various exceptions.

• Article 361: Protection to President and Governor
  • Article 361(1): President and Governor shall not be answerable to any court in the exercise or performance of their duties of office or an act done.
  • Article 361(2): No criminal proceeding whatsoever shall be initiated or continued against the President or Governor in any court during his tenure in office.
  • Article 361(3): No process for arrest and imprisonment for the president and governor of a state shall be issued from any court during the tenure of a vice-chair. Civil proceedings can be initialized after giving two months of notice.
• Article 361A
  • This was aided by the 44^th Constitution Amendment Act 1978.
  • It mandates for protection of publication of proceedings of Parliament or State Legislature. No civil or criminal charges be levied on the basis of publication.
• Article 105
  • Same as Article 194. In short these two articles provide immunities to MPs and MLAs and special protection in certain circumstances.
• Article 31C
  • Directive Principle of State Policy to give effect to Article 39(b) and 39(c) and can violate Article 14 and 19. This is given in Article 31 added by 25^th Constitutional Amendment Act 1972.
• United Nations ambassadors, rulers, diplomats, officials of foreign organizations also enjoy certain immunities and these protections are guaranteed.

Equal Protection of Law

this concept has been taken from the USA. It is a positive concept. It does not mean the same law should not be made available for every person in the concept of equality. Therefore because every individual differs from individual to individual, equal protection has to be ensured. Therefore this equal protection is explained for different treatment in different circumstances. It advocates our famous saying that alike should be treated alike and alike should not be treated a like.

Therefore equality of treatment is only possible in equal circumstances. The concept of reservation in India is premised upon this philosophy. Therefore ensure equity in approach. It advocates equality cannot be achieved without equity in the true sense.

Article 15: Prohibition of Discrimination

Prohibition of discrimination on the grounds of religion, race, caste, sex, and place of birth.

• Article 15(1)

  The state should not discriminate on the basis of religion, race, caste, sex, place of birth or any of them.

• Article 15(2)

  No citizen on the grounds of race, religion, caste, sex, place of birth be subjected to disability, liability, restriction or condition with regard to

  (a) access to Show Public Restaurants, Hotels, Place of Public Entertainment

  (b) for the use of wells, tents, bathing hubs, roads, public resorts, only or partially maintained out-of-state funds or dedicated to use of the general public.

• Article 15(3)

  Nothing in this article shall prevent the state from making special provisions specific for women and children.

• Article 15(4) This was added through the 1^st Constitution Amendment, 1951

  Nothing in this article or Article 29(2) shall prevent the State from making special provision for the advancement of socially and educationally backward classes of citizens of ST/SC community.

• Article 15(5) This was added through the 93^rd Constitution Amendment, 2005

  Mandates special provision can be made for advancement of socially and educationally required class of citizens for SC/ST that is related to their admission in educational institution, including private educational institution, whether aided or unaided (other than minority institutions).