Notes

Article 14 (1)

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Article 14 (1)

➤ Article 14:
  • Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws within the territory of India.
  • This right is applicable to all persons, both citizens and foreigners, and includes legal persons such as corporations and other entities.
➤ Equality before Law:
  • The concept of equality before the law is derived from British legal traditions.
  • It emphasizes the absence of any special privileges for any person, the equal subjection of all individuals to the law, and the principle that no person is above the law, regardless of their status or position.
➤ Equal Protection of the Laws:
  • This concept is inspired by the American Constitution.
  • It means treating all individuals equally under similar circumstances in terms of privileges and liabilities under the law.
  • The law should apply similarly to all persons who are in comparable situations.
➤ Difference Between the Concepts:
  • The former concept, equality before law, is a negative concept as it focuses on the absence of special privileges.
  • The latter concept, equal protection of the laws, is a positive concept that aims at treating like cases alike without discrimination.
➤ Overall Objective:
  • Both concepts aim to establish equality of legal status, opportunity, and justice within the Indian legal system.
In essence, Article 14 and the concepts of equality before the law and equal protection of the laws are foundational principles of the Indian legal system, aiming to ensure fairness and justice for all individuals, regardless of their status.
 

➤ Rule of Law:

  • The concept was developed by A.V. Dicey, a British jurist.
  • It consists of three main elements:
    • ➤ Absence of Arbitrary Power: No one can be punished without breaking the law.
      ➤ Equality Before the Law: Everyone, regardless of their status (rich or poor, high or low, official or non-official), is subject to the same laws, enforced by regular courts.
      VPrimacy of Individual Rights: The constitution should emerge from the rights of individuals as defined by the courts.
➤ Applicability to Indian System:
  • The first and second elements (absence of arbitrary power and equality before the law) apply to the Indian legal system.
  • The third element (primacy of individual rights) is different in India, where the constitution is the source of individual rights.
➤ Rule of Law as a Basic Feature:
  • The Supreme Court of India held that the "Rule of Law" in Article 14 is a basic feature of the Indian Constitution.
  • As a basic feature, it cannot be removed or altered even by constitutional amendments.
 
66th BPSC
Q. What is meant by 'Rule of Law'?
A. One act for all and one judiciary for all
B. One act for all and one State for all
C. One State for all and one judiciary for all
D. None of the above