12/29/2023 0 Comments Equal protection of law![]() The Supreme Court and High Courts have the power of judicial review to ensure that laws and state actions conform to the principles enshrined in Article 14. The Indian judiciary plays a vital role in upholding the right to equality. The classification should have a rational basis/reasonable nexus to the object of such legislation. To pass the test of intelligible differentia, the classification made by a law must be reasonable and not arbitrary. The differentia should be based on real and substantial differences between the groups, and these differences should have a reasonable relation to the object or purpose of the law or state action. When a law creates a classification among people, there must be a rational and intelligible differentia that sets apart the members of one group from others. It refers to the reasonable and logical basis for classifying individuals into distinct groups for the purpose of legislation. Intelligible differentia is a crucial concept under Article 14 of the Indian Constitution. It allows for reasonable classifications based on intelligible differentia, ensuring fairness and justice without discriminatory treatment. Intelligible Differentia under Article 14Īrticle 14 does not guarantee absolute uniformity in the treatment of all individuals. ![]() Some factors that the courts have considered while evaluating the reasonableness of classification include intelligible differentia, rational nexus, and the objective sought to be achieved.Ĭertain laws, such as those related to taxation, may have a reasonable classification based on income levels, but they should not be discriminatory. However, the classification should not be discriminatory or arbitrary. These classifications are allowed if they are reasonable and have a rational nexus with the objective of the law.Īrticle 14 permits reasonable classification to meet certain objectives. ![]() The right to equality does not prohibit the state from making classifications. Even the private actions of state officials or public authorities are covered under this article. It applies to all laws and state actions, including legislative, executive, and judicial actions. It covers individuals as well as artificial persons such as corporations and other entities. Scope and Applicability of Article 14Īrticle 14 applies to all persons, whether citizens or non-citizens, within the territory of India. It prevents discrimination and ensures that every citizen, regardless of their background, has equal access to justice and legal remedies. No person can claim special privileges or be subjected to unfair treatment by the state or its agencies. This principle ensures that all individuals, irrespective of their social or economic status, are equal in the eyes of the law. It allows the state to classify individuals into different groups for specific purposes, as long as the classification is rational, based on intelligible differentia, and has a rational nexus with the object sought to be achieved. The principle of reasonable classification is also associated with equal protection. It means that similarly situated individuals should be treated alike under the law without any arbitrary or unjust distinctions. This concept mandates that the state must apply the law equally and impartially to all individuals. Equal Protection of Laws and Equality Before Law Equal Protection of Laws ![]() Article 14 of Indian ConstitutionĪrticle 14 of the Indian Constitution states, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”. It is a part of the larger set of rights aimed at ensuring social, economic, and political justice to all citizens of India. It forms the bedrock of the Indian legal system and ensures that no person is discriminated against on the grounds of race, religion, caste, sex, or place of birth.Īrticle 14 is located in Part III of the Indian Constitution, which deals with fundamental rights. Intelligible Differentia under Article 14Īrticle 14 of the Indian Constitution is a fundamental right that guarantees equality before the law and equal protection of laws to all individuals within the territory of India. Equal Protection of Laws and Equality Before Law
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