Article 14: equality before law, equal protection, reasonable classification and arbitrariness
LUG-104 Constitutional Law-I, Unit II: Right to equality (Articles 14 to 18). · LLB · 60 min
Article 14 is the most frequently examined provision in the paper. This lecture explains the two expressions in the Article and their English and American origins, the rule of law (Dicey; Indira Gandhi v. Raj Narain), the doctrine of reasonable classification and the twin test (Anwar Ali Sarkar, Chiranjit Lal Chowdhuri, Ram Krishna Dalmia), class legislation, and the 'new concept of equality' of E.P. Royappa and Maneka Gandhi, carried through Ajay Hasia, Nergesh Meerza and D.S. Nakara to the doctrine of manifest arbitrariness in Shayara Bano. It closes with legitimate expectation and the way the question is set.
Objectives
- Explain the meaning and origin of 'equality before law' and 'equal protection of the laws'.
- Explain Dicey's rule of law and how the Constitution establishes it.
- Apply the twin test of reasonable classification to a statute and distinguish class legislation.
- Explain the new concept of equality (arbitrariness) and the doctrine of manifest arbitrariness with the leading cases.
- Write the Article 14 answer in the structure the examiner rewards.
Slides
- What Article 14 says: two expressions, two origins
- Rule of law: Dicey and the Indian Constitution
- Reasonable classification and the twin test
- Ram Krishna Dalmia v. Justice Tendolkar (1958): the propositions
- Applying the twin test: illustrations from the cases
- The new concept of equality: E.P. Royappa (1974) and Maneka Gandhi (1978)
- Arbitrariness applied: Ajay Hasia, Nergesh Meerza, D.S. Nakara
- Manifest arbitrariness: Shayara Bano (2017) and after
- Legitimate expectation and the exceptions to Article 14
- How the examiner asks it
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