Article 14 of the Constitution reads: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
Notice that Article 14 applies to "any person"—meaning both citizens and foreigners, and even corporate bodies.
1. The Two Pillars of Equality
| Equality Before the Law (UK Origin) | Equal Protection of the Laws (US Origin) |
|---|---|
| A negative concept implying the absence of special privilege in favor of any individual. | A positive concept implying the right of equal treatment in equal circumstances. |
| Subjection of all classes to the ordinary law of the land. | Likes must be treated alike; unlikes cannot be treated alike. |
2. The Traditional Test: Reasonable Classification
While Article 14 forbids class legislation, it permits reasonable classification of persons by the legislature. To be constitutional, a classification must satisfy two conditions:
- Intelligible Differentia: The classification must be based on a clear, understandable difference that distinguishes those grouped together from those left out.
- Rational Nexus: The differentia must have a reasonable relation (nexus) to the object sought to be achieved by the statute (State of West Bengal v. Anwar Ali Sarkar, 1952).
3. The Modern Test: The Doctrine of Arbitrariness
Pioneered by Justice P.N. Bhagwati in E.P. Royappa v. State of Tamil Nadu (1974) and cemented in Maneka Gandhi v. Union of India (1978), the Court expanded the scope of Article 14:
"Equality is a dynamic concept which cannot be cribbed, cabined and confined within traditional limits." Arbitrariness is the absolute antithesis of equality. Any action of the State that is arbitrary, unreasonable, or discriminatory is a direct violation of Article 14, regardless of whether it meets the classification test.