Right to Equality (Article 14)
/raɪt tuː ɪˈkwɒlɪti/
Constitutional Right
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Definition
Article 14 of the Indian Constitution guarantees: 'The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.' Equality before law (British concept — no man is above the law) and equal protection of the laws (American concept — equals must be treated equally, unequals may be treated unequally) form its two pillars. The right has been expanded to prohibit arbitrary state action through the doctrine of 'reasonable classification.'
Examples
Case Study
In E.P. Royappa v. State of Tamil Nadu (1974), Justice Bhagwati introduced the 'new dimension' of Article 14 — arbitrariness is antithetical to equality. Any state action that is arbitrary violates Article 14, not just laws with unreasonable classifications. In Shayara Bano v. Union of India (2017), the Supreme Court struck down the practice of instant triple talaq as violating Article 14 by being manifestly arbitrary — giving a husband absolute, unilateral power to dissolve a marriage at will with no procedure.
Key Cases
Shayara Bano v. Union of India
2017(2017) 9 SCC 1
5-judge bench (3:2) struck down instant triple talaq (talaq-e-biddat) as unconstitutional. Held it violates Article 14 (manifestly arbitrary) and Article 25 (not an essential religious practice). Led to the Muslim Women (Protection of Rights on Marriage) Act, 2019.
View on Indian Kanoon →E.P. Royappa v. State of Tamil Nadu
1974(1974) 4 SCC 3
Introduced the 'new dimension' of Article 14 — equality and arbitrariness are sworn enemies. Any arbitrary state action violates Article 14. Expanded constitutional equality from classification test to anti-arbitrariness test.
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