Article 14 of Constitution of India and Test of reasonable classification.

Article 14 of Constitution of India states as under:

“The State shall not deny to any person equality before the law and equal protection of laws within the territory of India.”

Equality before law as provided in the Article 14 of our constitution provides that no one is above the law of the land. Rule of the Law is an inference derived from Article 14 of the constitution. This right is reserved not just for Indian fundamental rights and in a way, forms the foundation of the other fundamental rights.

The words “equality before the law” and “equal protection of laws” may mean the same thing. However, in law they are distinct. Do remember that in the field of law, each and every word carries a very specific meaning and is chosen for a particular purpose. Just like the word ‘record’ which can simply mean ‘information put into a physical medium’ but in other context, ‘record’ means ‘to make recording of something’.

Thus, equality before law is a negative demand from the State i.e. not to discriminate while equal protection of laws demands a more positive action from the State i.e. to bring all citizens on an equal footing. It requires that the Government should make special provisions for the protection and advancements of disadvantaged/ discriminated/ vulnerable sections of society.

It is in the light of Article 14 read along with other articles of the Constitution that the Government has made and continues to make special provisions for women, children, senior citizens, handicapped people, juvenile delinquents etc.

Following are some interesting examples

1.    Section 497 of the Indian Penal Code which deals with ‘adultery”. Under this Section, though a man is punishable for adultery, a woman is not! Is this unconstitutional? No. The woman is immune because, in the context of Indian society as on date, it is presumed that women cannot commit adulatory as easily and rampantly as men. Any right thinking person will agree that such presumption is necessary to protect women adverse charges against them. 

2. Most countries, especially modern democracies mandate the State to not just ‘not discriminate’ but also to make special provisions for their disadvantaged people. It can take various forms such as affirmative action, special provisions for minorities etc.

3. The criminal law for minors (below 18 years of age). Here, the law treats ‘adults’ and ‘minor’ differently. It does not have the same yardstick to measure the crime and punishment of minors and adults.

Thus, our Constitution is very progressive and strongly prescribes measures for a more just and equal society.

However, some argue that the extensive use of device of “Reasonable Classification” by State and its approval by the Supreme Court has rendered the guarantee of ‘fair and equitable” treatment under Article 14 illusory.

Here comes the role of “Test of reasonable classification”. The Test of Reasonable Classification says that the classification must be based upon intelligible differentiation that distinguishes persons or things that are grouped from others that are left out of the group. This differentiation must have a rational relation to the object of classification. There should be a relation between the differentiation to the object of the classification. If there are no such relations, the reasonable classification would fail.

For example denial of grant to a private college teaching law while giving grant to other private colleges teaching other subjects is not permissible. However, reduction of age from 58 years to 55 years is permissible.

In conclusion, Article 14 strikes a fine balance between Equity and Equality.