Two Pillars of Article 14

Article 14 encompasses two distinct but related concepts, which together form the principle of equality.

1. Equality before Law (EBL)

This is a **negative concept** because it restricts the State from making any discrimination between citizens.

Source and Meaning:

  • Source: Borrowed from the **Constitution of the United Kingdom**.
  • Meaning: Implies the **absence of any special privileges** in favour of any person.
  • Doctrine: No person (whether rich or poor, high or low, official or non-official) is **above the Law**.
  • Application: Equal subjection of all persons to the ordinary law of the State administered by common law courts.

2. Equal Protection of Laws (EPL)

This is a **positive concept** which mandates the State to ensure equal treatment.

Source and Meaning:

  • Source: Borrowed from the **American Constitution**.
  • Meaning: Implies "Equal Treatment in Equal Circumstances".
  • Doctrine: The law must be applied equally to people in similar circumstances but differently to people in different circumstances.
  • Purpose: To ensure that no one is deprived of justice because of poverty or any other reason.

Rule of Law

The concept of **Equality before the Law** is an element of the **Rule of Law**, a doctrine given by British jurist **A. V. Dicey**.

Article 14 as a Basic Feature:

The rule of law, as embodied in Article 14, is a **'Basic feature'** of the Indian Constitution and therefore cannot be destroyed or amended by Parliament, even under Article 368.

Essential Features of Rule of Law (A.V. Dicey):

  • Law does not recognise any special rights for any individual or group.
  • Law does not recognise any distinction between individuals on the basis of religion, race, sex, etc.
  • None is punished without a fair trial.
  • The same court will try all under the same Law.
  • It gives no scope to absolute and arbitrary powers to the executive.

Exceptions to Equality

While Article 14 guarantees equality, the Constitution itself provides certain exceptions (immunities) to specific high-ranking officials based on the nature of their duties:

  • **President and Governors:** Enjoy immunity from civil and criminal prosecution for any act done in the exercise of their official powers (Article 361 and 361A).
  • **MPs and MLAs:** Enjoy privileges within the legislature (Articles 105 and 194).
  • **Foreign Diplomats:** Enjoy immunity from prosecution under International Law.
Applicability and Scope

Article 14 applies to **all persons** within the territory of India, which includes:

  • Indian Citizens
  • Foreigners
  • Legal entities (like a Company or Corporation)

This wide scope ensures that even non-citizens and corporate bodies are entitled to the right to equality.

Practice Questions

Q1: The concept of 'Equality before Law' is borrowed from which country's constitution?

Answer: United Kingdom (UK).

Q2: Is Article 14 considered a positive or negative concept?

Answer: It contains both: 'Equality before Law' is negative, and 'Equal Protection of Laws' is positive.

Q3: Which constitutional provision grants the President and Governors immunity from prosecution?

Answer: Article 361 and 361A.

Q4: Who is the jurist associated with the doctrine of 'Rule of Law'?

Answer: A. V. Dicey.