Professional Documents
Culture Documents
14 Landmark Judgments On Article 14 - Ipleaders
14 Landmark Judgments On Article 14 - Ipleaders
Constitution of India forms the fundamental norm of the Indian society. The various fundamental rights under it serve as
a sword that protects the rights of both citizens as well as non-citizens. In this article, we will discuss Article 14 of the
Indian Constitution through 14 landmark judgments that went on to shape its ambit.
Table of Contents
https://blog.ipleaders.in/14-landmark-judgments-on-article-14/ 1/9
30/03/2024, 20:44 14 landmark judgments on Article 14 - iPleaders
The Supreme Court invalidated the Act because it conferred arbitrary powers in the government to classify offences or
classes of offences at its pleasure. The Act did not lay down any policy/guideline for classification of such offences. As a
result of the provision, different treatment was granted to the appellant. The necessity of a speedy trial was too vague
and uncertain a criterion to form the basis of a valid and reasonable classification. This case was one of the initial cases to
lay down the foundational principles of Article 14.
https://blog.ipleaders.in/14-landmark-judgments-on-article-14/ 2/9
30/03/2024, 20:44 14 landmark judgments on Article 14 - iPleaders
male attendants. The Court struck the rules down, holding that these requirements constituted official arbitrariness and
hostile discrimination in violation of Article 14.
While drawing attention to the fact that transgender person were subject to “extreme discrimination in all spheres of
society”, the Court held that the right to equality (Article 14 of the Constitution) was framed in gender-neutral terms (“all
persons”). Consequently, the right to equality would extend to transgender persons also.
The Court stated that begging is not any form of a disease and this mindset has led to stigmatization and ultimately
towards criminalization in the society. It was observed that criminalizing begging is nothing but a direct attack on the
fundamental rights of the poorest of the lot in their process to somehow access the basic necessities like food and shelter.
https://blog.ipleaders.in/14-landmark-judgments-on-article-14/ 3/9
30/03/2024, 20:44 14 landmark judgments on Article 14 - iPleaders
Joseph Shine v UOI, 2018 SCC OnLine SC 1676
A five-judge Bench unanimously struck down Section 497 of the Indian Penal Code (IPC), thereby decriminalizing
adultery. It struck down Section 497 IPC on the grounds that it violates Articles 14, 15 and 21 of the Constitution. The
Bench held that the section is an archaic and paternalistic law, which infringes upon a woman’s autonomy and dignity. The
Bench also read down Section 198 of the Code of Criminal Procedure Code (CrPC). 198(2) CrPC specifies that only a
husband can file charges for offences under Section 497. In this process, the bench overruled its judgments in Sowmithri
Vishnu, Vishnu Revathi, and Y Abdul Aziz. These judgments had upheld Section 497 as constitutionally valid.
This way, over the years, various courts of the country have been shaping the jurisprudence of Article 14 of the
Constitution of India.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click
on this link and join:
https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA
Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.
https://blog.ipleaders.in/14-landmark-judgments-on-article-14/ 4/9