Fundamental rights are the rights having a noble pedigree.

They are the natural rights which

are in the nature of external conditions necessary for the greatest possible unfolding of the
capacities of a human being. It is generally agreed that these natural rights are inherent in man
and cannot be taken away by the State.[1] Part III of the Constitution contains a long list of
fundamental rights.

The inclusion of Chapter of Fundamental Rights in the Constitution of India is in accordance

with the trend of modern democratic thought, the idea being to preserve that which is an
indispensable condition of a free society. The aim of having a declaration of fundamental rights
is that certain elementary rights, such as, right to life liberty, freedom of speech, freedom of
faith and so on, should be regarded as inviolable under all conditions and that the shifting
majority of Legislative of the country should not have a free hand in interfering the
fundamental rights.[2]

Equality is one of the magnificent corner-stones of Indian democracy.[3] The doctrine of

equality before law is a necessary corollary of Rule of Law which pervades the Indian
Constitution.[4]

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Article 14: Right to Equality

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Fundamental rights are the rights having a noble pedigree. They are the natural rights which
are in the nature of external conditions necessary for the greatest possible unfolding of the
capacities of a human being. It is generally agreed that these natural rights are inherent in man
and cannot be taken away by the State.[1] Part III of the Constitution contains a long list of
fundamental rights.

The inclusion of Chapter of Fundamental Rights in the Constitution of India is in accordance

with the trend of modern democratic thought, the idea being to preserve that which is an
indispensable condition of a free society. The aim of having a declaration of fundamental rights
is that certain elementary rights, such as, right to life liberty, freedom of speech, freedom of
faith and so on, should be regarded as inviolable under all conditions and that the shifting
majority of Legislative of the country should not have a free hand in interfering the
fundamental rights.[2]
Equality is one of the magnificent corner-stones of Indian democracy.[3] The doctrine of
equality before law is a necessary corollary of Rule of Law which pervades the Indian
Constitution.[4]

Articles 14 to 18 of the Constitution guarantee the right to equality to every citizen of India.
Article 14 embodies the general principles of equality before law and prohibits unreasonable
discrimination between persons. Article 14 embodies the idea of equality expressed in the
Preamble. The succeeding Articles 15, 16, 17 and 18 lay down specific application of the general
rules laid down in Article 14. Article 15 relates to prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in
matters of public employment. Article 17 abolishes 'Untouchability'. Article 18 abolishes title.
[5]

Principle of equality is fundamental in formulation of any policy by the State and the glimpse of
it can be seen in Articles 38, 39, 39-A, 43 and 46 of the Constitution embedded in Part IV of the
Constitution.[6]

Article 14
Equality is a basic feature of the Constitution. The underlying purpose of Article 14 is to treat all
persons similarly circumstanced alike, both in privileges conferred and liabilities imposed.
Classification must not be arbitrary but must be rational, that is to say it must not only be based
on some qualities or characteristics which are found in all persons grouped together and not in
others who are left out, but those qualities and characteristics must have reasonable relation to
object of legislation.[7]

Article 14 run as follows:

Article 14: Equality before law:
The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.[8]

Two concepts are involved in Article 14, viz, 'equality before law' and 'equal protection of laws'.

Equality before law:

It is of English origin and is a negative concept which ensures that there is no special privilege's
in favour of any one, that all are equally subject to the ordinary law of the land and that no
person, whatever be his rank or condition, is above the law. This is equivalent to the second
corollary of the Dicean concept of the Rule of Law in Britain. This however, is not an absolute
rule and there are number of exceptions to it, eg, foreign diplomats enjoy immunity from the
country's judicial process; Article 361 extends immunity to the President of India and the State
governors; public officers and judges also enjoy some protection, and some special groups and
interests, like the trade unions, have been accorded special privileges by law.[9]

Equal protection of law:

It is taken from American Constitution and is a positive content. The guarantee of equal
protection of laws is similar to one embodied in the 14th Amendment to the American
Constitution.[10] It does mot mean that identically the same law should apply to all persons, or
that every law must have a universal application within the country irrespective of differences
of circumstances.

Equal Protection of the laws does not postulates equal treatment of all persons without
distinction. What it postulates is the application of the same laws alike and without
discrimination to all persons similarly situated. It denotes equality of treatment in equal
circumstances. It implies that among equals the law should be equal and equally administered,
that the like should be treated alike without distinction of race, religion, wealth, social status or
political influence.[11] Thus, the rule is that the like should be treated alike and not that unlike
should be treated alike.[12]

Exceptions to the Rule of Law

The above rule of equality is however, not an absolute rule and there are number of exceptions
to it:[13]

1. 'Equality before the law' does not mean that the "powers of the private citizens are
same as the powers of the public officials"�. Thus, a police officer has the power to
arrest while, as a general rule, no private person has this power
2. The rule of law does not prevent certain classes of persons being subject to special
rules. Thus, members of the armed forces are controlled by military laws.
3. Ministers and other executive bodies are given very wide discretionary powers by the
statutes. A Minister may be allowed by the law 'to act as he thinks fit' or 'if he is
satisfied'.
4. Certain members of society are governed by special rules in their profession, i.e.,
lawyers, doctors' nurses, members of armed forces and police.

Article 14 permits classification but prohibits class legislation

The equal protection of laws guaranteed by Article 14 does not mean that all laws must be
general in character. It does not mean that the same laws should apply to all persons. It does
not mean that every law must have universal application for, all persons are not, by nature,
attainment or circumstances in the same position.