Constitution of Bharat: Article 14: Part 2

 

Article 14 of the Indian Constitution enshrines the Right to Equality, ensuring that the State does not deny to any person "equality before the law" or "equal protection of the laws" within the territory of India. Here's how amendments and enactments at both central and state levels have interacted with or been shaped by Article 14:

Effects of Amendments:

1. Expansion of Equality Principles:
   • 1st Amendment (1951): Introduced restrictions on the right to property and added Article 31A to protect laws providing for land reforms from being challenged under Article 14 for lack of equality. This amendment was pivotal in balancing social justice with the principle of equality.
   • 42nd Amendment (1976): Added "socialist" and "secular" to the Preamble, reinforcing the constitutional commitment to equality across socio-economic lines, though not directly amending Article 14, it influenced its interpretation.
2. Judicial Interpretations and Amendments:
   • 24th Amendment (1971): While not directly amending Article 14, it clarified Parliament's power to amend the Constitution, including fundamental rights like equality, in response to the Golak Nath case.
   • 44th Amendment (1978): Removed the Right to Property from the list of Fundamental Rights, impacting how equality in property rights was viewed under Article 14.
3. Basic Structure Doctrine:
   • The Kesavananda Bharati case (1973) confirmed that the basic structure of the Constitution, including equality under Article 14, cannot be altered by amendments. This has influenced how subsequent amendments are evaluated for compliance with Article 14.

Effects of Central and State Enactments:

1. Legislation on Reservations:
   • Central Laws: Acts like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, or laws providing reservations in education and employment (like the Central Educational Institutions (Reservation in Admission) Act, 2006) are based on the principle of equality but involve classifications that aim at uplifting historically disadvantaged groups. These are often justified under Article 14 as reasonable classifications for affirmative action.
   • State Laws: Various states have their own reservation policies, which must align with Article 14 by ensuring that classifications are not arbitrary but based on intelligible differentia with a rational nexus to the objective of the legislation.
2. Social and Economic Legislation:
   • Laws aimed at social justice, like minimum wages, labor laws, or welfare schemes, are scrutinized under Article 14 to ensure they do not create unreasonable distinctions among citizens.
3. Anti-Discrimination Laws:
   • Enactments like the Protection of Civil Rights Act (1955) to end untouchability or the Transgender Persons (Protection of Rights) Act (2019) are rooted in the equality principle of Article 14, aiming to remove social and legal discrimination.
4. Judicial Review and Article 14:
   • Courts have used Article 14 to strike down laws or provisions that are discriminatory or arbitrary:
     • State of West Bengal v. Anwar Ali Sarkar (1952): Established the twin test of reasonable classification - intelligible differentia and rational nexus.
     • E.P. Royappa v. State of Tamil Nadu (1974): Articulated that equality is antithetical to arbitrariness, expanding the scope of Article 14 to include procedural fairness.
5. Gender and Legal Equality:
   • Laws like the Equal Remuneration Act, 1976, or amendments to the Hindu Succession Act, 2005, for gender equality in inheritance, reflect the application of Article 14's principles to promote legal equality between genders.
6. Challenges and Interpretations:
   • Legislation must continually be tested against Article 14 to ensure it does not infringe on equality. For instance, the Supreme Court has at times struck down or modified state laws on reservation or taxation if they were deemed to violate Article 14.

In essence, Article 14 ensures that all legislation, whether through central or state enactments, must adhere to the principles of equality and non-arbitrariness. Amendments to the Constitution have often been scrutinized or interpreted in light of this article to maintain the balance between social reforms and constitutional guarantees of equality.