Fundamental Rights: Article 14

What is it?: Equality before Law and Equal Protection of Laws
Applicability: Applicable to both citizens and foreigners.
Term Person Include: Includes legal persons, viz, statutory corporations, companies, registered societies, or any other type of legal person.
Concept of Equality Before Law
- ‘Equality before law’ is of British origin.
- Provisions
  - The concept implies the absence of any special privileges in favour of any person.
  - The equal subjection of all persons to the ordinary law of the land administered by ordinary law courts.
  - No person (whether rich or poor, high or low, official or non-official) is above the law.
Concept of Equal Protection of Laws
- The concept of ‘equal protection of laws’ has been taken from the American Constitution.
- Provisions
  - The equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws.
  - The similar application of the same laws to all persons who are similarly situated.
  - The like should be treated alike without any discrimination.
Supreme Court Stand: The Supreme Court held that where equals and unequal are treated differently, Article 14 does not apply.

Rule of Law

Concept: The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist.
Elements
- Absence of arbitrary power, that is, no man can be punished except for a breach of law.
- Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts3 .
- The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights.
Note: The first and the second elements are applicable to the Indian System and not the third one.
Supreme Court stand on Rule of Law
- The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution. Hence, it cannot be destroyed even by an amendment.

Exceptions to Equality
- The President of India and the Governor of States enjoy the following immunities (Article 361)
  - The President or the Governor is not answerable to any court the exercise and performance of the powers and duties of office.
  - No criminal proceedings shall be instituted or continued aga the President or the Governor in any court during his term office.
  - No process for the arrest or imprisonment of the President or Governor shall be issued from any court during his term of officce
  - No civil proceedings against the President or the Governor s be instituted during his term of office in any court in respect of act done by him in his personal capacity, whether before or a he entered upon his office, until the expiration of two months after notice has been delivered to him.
- Protection from civil or criminal proceedings for publishing a true report of Parliamentary or State Legislature proceedings in newspapers, radio, or TV.
- No MP is liable for any court proceedings for speeches or votes in Parliament or its committees.
- Similar immunity applies to members of State Legislatures for speeches or votes in their Legislatures or committees.
- Laws implementing Article 39(b) or 39(c) are immune from challenges under Article 14.
- Supreme Court interpretation: “When Article 31-C applies, Article 14 does not.”
- Foreign sovereigns, ambassadors, and diplomats are immune from criminal and civil proceedings in Indian courts.
- The United Nations and its agencies enjoy diplomatic immunity in India.