The concept of equality before law represents one of the cardinal principles of Rule of Law, ensuring that all persons are equally subject to the laws of the land. India’s constitutional framework embeds this principle through Article 14, which guarantees both ‘equality before law’ and ‘equal protection of laws’ within the territory of India.

Constitutional Provisions

• Article 14: Equality before Law & Equal Protection of Laws

• • • Guarantees that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.

• Article 14 encompasses dual aspects:

• • • The British concept of ‘equality before law’ ensures absence of special privileges.
    • American doctrine of ‘equal protection of laws’ mandating equal treatment in similar circumstances.
  • The protection extends to both citizens and non-citizens, covering:
    • Natural persons and legal entities.
    • Public and private entities.
    • Government actions and legislative measures.
• Article 15: Prohibition of Discrimination
  • Extends the idea of equality before law to social life by forbidding the State from discriminating on religion, race, caste, sex, or place of birth. (substantive social equality)
• Article 16: Equality of Opportunity in Public Employment
  • Applies the principle of equality before law to state services by guaranteeing equal access to public employment. Eg: reservation as an affirmative action. 
• Article 17: Abolition of Untouchability
  • By criminalising untouchability, it enforces the spirit of Article 14 beyond legal equality into social justice.
• Article 18: Abolition of Titles
  • Prevents the creation of social hierarchies based on titles of nobility.
  • This ensures absolute equality before law, with no legal or social privileges allowed, except for military and academic distinctions.
• Article 32: Right to Constitutional Remedies
  • Strengthens equality before law by providing citizens the means to directly approach the Supreme Court for enforcement of fundamental rights, including equality. It guarantees that equality is not just theoretical but judicially enforceable.

Key Supreme Court Interpretations

• Recent Landmark Judgements (2023-24):

• • • Gaurav Kumar v Union of India: Struck down unequal enrollment fees by State Bar Councils as violative of Article 14.
    • Sukanya Shantha v Union of India: Prohibited caste-based discrimination in prisons.
    • Association of Old Settlers of Sikkim v. Union of India: Protected rights of Sikkimese women regarding tax exemptions.

• Historical Precedents:

• • Navtej Singh Jauhar case: Decriminalized same-sex relationships upholding equality and dignity.
  • Joseph Shine case: Reaffirmed equal protection for men and women.
  • Indira Sawhney v. Union of India (1992) (Mandal Commission case): Upheld reservations for OBCs, clarified that equality allows affirmative action for disadvantaged groups.
  • Maneka Gandhi v. Union of India (1978): Equality, liberty, and fairness are interlinked; widened scope of Article 14.

Reasonable Classification

• The principle permits reasonable classification based on:
  • Intelligible differentia distinguishing persons grouped together.
  • Rational nexus between classification and objective.
  • Kedar Nath v. State of West Bengal (1953): Introduced the principle of intelligible differentia and rational nexus.
• However, classification must not be:
  • Arbitrary, artificial, or evasive.
  • Based on unreasonable or irrelevant grounds.

Exceptions to Equality before Law

1. The President and Governors enjoy immunity from criminal proceedings during their term (Articles 361).
2. Special provisions for women, children, SCs, STs, and socially/economically weaker sections are permitted to achieve substantive equality.

The principle of equality before law continues to evolve through judicial interpretation, with recent judgments like Tinku v State of Haryana (2024) defining its contours within legal boundaries. The robust implementation of this principle remains crucial for ensuring social justice and upholding the constitutional values of equality and dignity for all.