Sambhav-2025

Approach Briefly introduce Article 14 and its significance. Elaborate on the distinction between "Equality before the Law" and "Equal Protection of the Laws" with examples. Explain their role in protecting fundamental rights. Conclude with the essence of Article 14 in fostering equality.

Introduction

Article 14 of the Indian Constitution ensures equality before the law and equal protection of the laws, forming the bedrock of equality and justice. By prohibiting arbitrary discrimination and addressing social inequalities, it reflects the ideals of fair governance and inclusivity.

Body

• Equality Before the Law:
  • A negative concept, derived from the British legal system, ensuring uniform application of laws.
  • Mandates that all individuals, regardless of their position, are subject to the same legal provisions.
  • Protects against arbitrary discrimination in law enforcement.
  • Example: A public servant committing a crime is tried under the same provisions as a private citizen.
• Equal Protection of the Laws:
  • A positive concept, inspired by the American Constitution, enabling laws to address social and economic inequalities.
  • Allows for reasonable classification to ensure justice for disadvantaged groups.
  • Classification must be non-arbitrary and aligned with a rational objective.
  • Example: Reservation policies for Scheduled Castes (SCs), Scheduled Tribes (STs), and women to promote equity.
• Distinction Between the Two:
  • Equality Before the Law ensures formal equality, treating everyone alike.
  • Equal Protection of the Laws promotes procedural equality, addressing historical disadvantages.
  • Together, they provide a balance between uniformity and equity.
• Significance in Ensuring Equality and Justice:
  • Safeguards fundamental rights by prohibiting state discrimination.
  • Empowers affirmative action policies like reservations to uplift marginalized communities.
  • Facilitates judicial oversight to curb arbitrary state actions.
  • Landmark Cases:
    • Shayara Bano v. Union of India: Declared triple talaq unconstitutional under Article 14.
    • Navtej Singh Johar v. Union of India: Decriminalized homosexuality, promoting equality and justice.

Conclusion

Article 14 bridges legal equality and social equity, ensuring a just and inclusive society well blended with the principle of due process of law. By addressing both uniformity and disparities, it upholds India’s constitutional vision of equality and fairness in governance.