What does Article 14 of the Indian Constitution guarantee?

Equality before the law and equal protection of the laws. Article 14 guarantees equality before the law and equal protection of the laws to every person within India. It applies to citizens and foreigners alike. Read more: Right to Equality

Under the reasonable classification test, the intelligible differentia must be rationally related to —

the object sought to be achieved by the law. The classification must rest on an intelligible differentia bearing a rational relation to the law's object. Budhan Choudhry v. State of Bihar (1955) settled this two-fold test. Read more: Right to Equality

What does the Doctrine of Manifest Arbitrariness treat as a violation of Article 14?

Arbitrariness itself, regardless of the older reasonable-classification test. The doctrine treats arbitrariness itself as a violation of Article 14's equality guarantee, going beyond the older reasonable-classification test. Read more: Polity0310 — The Doctrine of Manifest Arbitrariness.

What did E.P. Royappa v. State of Tamil Nadu (1974) establish about Article 14?

That arbitrariness itself is antithetical to equality. The Court held that arbitrariness itself is antithetical to equality, adding a new dimension to Article 14 beyond the classical reasonable-classification test. Read more: Polity0310 — The Doctrine of Manifest Arbitrariness.

What did Shayara Bano v. Union of India (2017) do that was new for the manifest arbitrariness doctrine?

It extended the doctrine to strike down legislation for the first time. Shayara Bano extended the manifest arbitrariness test to legislation for the first time, striking down instant triple talaq. Read more: Polity0310 — The Doctrine of Manifest Arbitrariness.

The Maneka Gandhi case established what came to be called the 'Golden Triangle,' linking which three Articles?

Articles 14, 19, and 21. The Golden Triangle links Article 14 (equality), Article 19 (freedoms), and Article 21 (life and liberty), which must now be read together. Read more: Polity0345 — Due Process of Law.

Which of the following Articles in the Constitution of India are exceptions to the Fundamental Rights enumerated in Article 14 and Article 19?

Article 31A and Article 31C. The answer is Article 31A and Article 31C. Both specifically shield certain categories of laws, on land reform and directive-principle implementation, from challenge under Articles 14 and 19.

Equality before the law or equal protection of the laws within the territory of India is guaranteed under which one of the following Articles of the Constitution of India?

Article 14. The answer is Article 14. It guarantees both equality before the law and equal protection of the laws to everyone within India's territory. Read more: Polity0372 — Right to Equality: Article 14 and the India-USA Comparison

Right to Equality: Article 14 and the India-USA Comparison

Every right in Part III leans on one short article. It has two phrases and about twenty words. Article 14 says the State must treat people fairly. Judges use it more than almost any other article. It also explains why a law can treat groups differently and still be valid.

Text The State shall not deny to any person equality before the law or equal protection of the laws.

Covers Any person in India, citizen or foreigner.

Binds The State, as defined in Article 12.

Tests Reasonable classification and non-arbitrariness.

Equality before law: no one is above the law. Everyone faces the same courts.

Equal protection: people in like situations get like treatment.

Classification: grouping people for the purpose of a law.

Contents

What does Article 14 say?
What is reasonable classification?
How did arbitrariness become a test?
How is India different from the USA?
Who is outside Article 14?
How has this topic been asked in exams?

1What does Article 14 say?

1.1 Why are there two phrases?

The two phrases come from two sources. Equality before the law is a British idea. It follows A.V. Dicey’s rule of law. Equal protection of the laws comes from the Fourteenth Amendment to the American Constitution. The framers joined both in one sentence.

1.2 What does each one do?

The first is negative. It says that no person gets special privilege. A minister and a clerk stand equal before the ordinary courts. The second is positive. It says the law must treat people alike when their situations are alike.

Applies to any person, so foreigners in India are covered too.
Protects against the State and its bodies, not against private persons.
It is the general rule. Articles 15 to 18 give specific cases.

Remember This: Article 14 has two parts: equality before the law (British) and equal protection of the laws (American).

2What is reasonable classification?

2.1 Does equality mean treating everyone the same?

No. A law that treated a child and an adult alike could be unfair. So the State may group people for a law. But the grouping must be sensible. This is the reasonable classification test.

2.2 What are the two parts of the test?

The first part is an intelligible differentia. The group must be clearly different from those left out. The second part is a rational nexus. The difference must connect to the aim of the law.

Step 1: Is there a clear basis for the grouping?
Step 2: Does that basis link to the law’s purpose?
If either answer is no, the law fails Article 14.

True or False: Article 14 forbids the State from classifying people in any way for a law.

3How did arbitrariness become a test?

3.1 What did Royappa say?

In E.P. Royappa v. State of Tamil Nadu (1974), the Court gave a new view. It said that equality and arbitrariness are enemies. If an act is arbitrary, it cannot be equal. So arbitrariness itself breaks Article 14.

3.2 How did it grow after that?

In Maneka Gandhi (1978), the Court linked Articles 14, 19 and 21. This is often called the “golden triangle”. Any procedure that touches life or liberty must be fair, just and not arbitrary. Later, in Shayara Bano (2017), a five-judge bench struck down instant triple talaq. The idea of manifest arbitrariness was used to test a law itself.

1974, Royappa: arbitrariness is against equality.
1978, Maneka Gandhi: Articles 14, 19 and 21 work together.
2017, Shayara Bano: manifest arbitrariness can strike down a law.

Remember This: Royappa (1974) said arbitrariness is the opposite of equality. Maneka Gandhi (1978) joined Articles 14, 19 and 21.

4How is India different from the USA?

4.1 What does America do?

The American clause says no State shall deny any person the equal protection of the laws. It was added in 1868 after the Civil War. American courts check laws with tiers of scrutiny. A law that classifies by race gets the strictest check. Other laws get a lighter check.

4.2 How is India’s approach different?

India borrowed the phrase but built its own test. Indian courts use reasonable classification and, since Royappa, non-arbitrariness. Our Constitution also lists specific grounds in Articles 15 and 16, and allows special help for weaker groups.

Point	India	USA
Where it sits	Article 14, Part III	Fourteenth Amendment, 1868
Words	Equality before law and equal protection	Equal protection of the laws
Who is covered	Any person in India	Any person within the State’s jurisdiction
Main test	Reasonable classification and non-arbitrariness	Tiers of scrutiny

Explain It Back: In your own words, say what the two phrases of Article 14 mean. Then say what the reasonable classification test checks.

5Who is outside Article 14?

5.1 Is anyone above the law?

Not above it, but a few have special protection. The President and Governors are not answerable to any court for acts done in office, under Article 361. Foreign diplomats have immunity under international law. Members of Parliament and State legislatures enjoy privileges for what they say in the House.

5.2 What about the laws that override Article 14?

Some laws are shielded from a challenge under Article 14. Article 31A and Article 31C protect certain land-reform and policy laws. They are listed as exceptions to Articles 14 and 19.

President and Governors: Article 361.
Foreign diplomats: immunity under international law.
Legislators: privileges for speech in the House.
Articles 31A and 31C: shield certain laws.

True or False: Article 14 gives its protection only to citizens of India.

6How has this topic been asked in exams?

6.1 What did the exams ask?

CAPF (AC) 2017: Who gets Article 14?

The question asked who can claim equality before the law and equal protection. The options listed citizens in India, citizens abroad, foreigners in India and citizens born in India. The answer is “1 and 3 only”: citizens living in India and foreigners living in India. Article 14 works within the territory of India. See Q31 in the full paper.

CDS I 2019: Wells, tanks and bathing ghats

The question asked which Article bars denying citizens the use of wells, tanks and bathing ghats kept up by the State. The answer is Article 15, not Article 14. This shows the link: Article 14 is the general right, and Article 15 applies it to public places. See Q11 in the full paper.

6.2 What is the exam angle?

Trap: Article 14 is only for citizens. It is for any person.
Trap: Article 14 bans all classification. Only unreasonable ones.
Fact: British and American roots. Royappa 1974. Maneka Gandhi 1978.
Fact: Articles 31A and 31C are exceptions.
Method: Check the two-step test for every classification.

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