KES’ Shri. Jayantilal H.

Patel Law College, Mumbai

Constitutional Law

Topic
Article 14 & Article 15 of The Indian Constitution

A project submitted in partial fulfillment of the requirements for

The 2nd Semester of the L.L.B Course

By
AMIT MISHRA
ROLL NO – 23
1st Year L.L.B
Division B

Under the Supervision of

ADV . NEENA GEORGE
Date: 15th April, 2024
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 Index

Sr. No Particulars Page. No

1. What is Fundamental Rights? 3

2. Article 14 of The Indian Constitution

3. Article 15 of The Indian Constitution

4. Conclusion

5. Reference

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 What is fundamental Rights?

Fundamental rights are the basic rights inherent to every human being, typically
enshrined in a country's constitution or legal framework. These rights are fundamental
because they are essential for an individual's development, dignity, and well-being. They
often include rights such as freedom of speech, freedom of religion, the right to equality
before the law, the right to privacy, and the right to a fair trial, among others.
Fundamental rights are usually protected by law and upheld by the judicial system,
ensuring that they are not arbitrarily violated by the government or other individuals or
entities. Fundamental rights, entrenched in the Constitution of India, are inherent to all
citizens, ensuring equal treatment regardless of race, religion, or gender. Notably, these
rights are legally enforceable through the courts, with certain stipulations.

The Constitution grants six fundamental rights:

Right to Equality (Articles 14-18): Ensures fairness before the law and prohibits
discrimination based on various factors.
Right to Freedom (Articles 19-22): Guarantees diverse freedoms including speech,
assembly, and movement.
Right against Exploitation (Articles 23-24): Prohibits practices like human trafficking
and forced labor.
Right to Freedom of Religion (Articles 25-28): Protects individuals' freedom to practice
and propagate their religion.
Cultural and Educational Rights (Articles 29-30): Safeguards minorities' rights to
conserve their culture and obtain education without discrimination.
Right to Constitutional Remedies (Article 32): Provides avenues for citizens to seek
judicial intervention if their fundamental rights are infringed upon.

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 Article 14 of the Indian Constitution
Article 14 declares that "the state shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India." Thus, Article 14 uses two
exceptions: "Equality before the law" and "Equal Protection of the law". The phrase
"Equality before the law" appears in almost all written constitutions that guarantee
fundamental rights. Both these expressions, however, have been used in the Universal
Declaration of Human Rights. The first expression, 'Equality before law,' originates from
English, and the second expression has been borrowed from the American Constitution.

* Equality before law -

The concept of equality does not imply absolute equality among human beings, which is
physically unattainable. It implies the absence of any special privilege due to birth, creed,
or similar reasons in favor of any individual. It also implies that all individuals and
classes are subject to the ordinary law of the land.

Definition - According to Dr. Jennings, "Equality before the law means that among
equals, the law should be equal and should be equally administered, that like should be
treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same
kind of action, should be the same for all citizens of full age and understanding, without
distinctions of race, religion, wealth, social status, or political influence.

* Rule of law -

The guarantee of equality before the law is an aspect of what Dicey calls the rule of law
in England. Dicey wrote, "every official, from the prime minister down to a constable or a
collector of taxes, is under the same responsibility for every act done without legal
justification as any other citizen.

Dicey gave three meanings of the Rule of law:

Absence of arbitrary power or supremacy of the law - It means the absolute supremacy of
law as opposed to the arbitrary power of the government. In other words, a man may be
punished for a breach of law, but he can be punished for nothing else.

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Equality before the law - It means subjection of all classes to the ordinary law of the land
administered by ordinary law courts. This means that no one is above the law, with the
sole exception of the monarch, who can do no wrong everyone in England.

The constitution is the result of the ordinary law of the land - It means that the sources of
the rights of individuals are not the written constitution but the rules as defined and
enforced by the courts
Article 14 - Equal Protection of the Law

The assurance of equal protection of laws mirrors that embodied in the 14th Amendment
to the American Constitution. It signifies the subjection to equal law, applying to all in
identical circumstances. This principle dictates that all persons in similar circumstances
should be treated alike, both in the privileges conferred and the liabilities imposed by the
laws.

Meaning - Equal law should be applied to all individuals in the same situation, without
discrimination between one person and another.

The term 'any person' in Article 14 of the constitution indicates that the guarantee of
equal protection of laws is applicable to any person, which includes any company,
association, or body of individuals. The protection extended by Article 14 applies to both
citizens and non-citizens, as well as natural persons and legal persons.

* Exceptions to the Rule of Law - Equality, however, is not an absolute rule, and there are
several exceptions.

'Equality before the law' - The powers of private citizens are the same as the powers of
public officials.

The rule of law does not prevent certain classes of persons:

* Members of the armed forces are governed by military laws.

* Medical practitioners are subject to regulations framed by the Medical Council of India.

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* Article 361 of the Indian Constitution grants immunity to the President of India and the
State Governors. Article 361 provides that the President or the Governor of a state shall
not be answerable to any court for the exercise and performance of their duties.

Today, ministers and other executive bodies are granted wide discretionary powers by
statute.

Certain members of society are governed by special rules in their professions, such as
lawyers, doctors, nurses, and the military, among others.

Exclusion of Article 14:

The scope of the right to equality under Article 14 has been significantly restricted by the
42nd Amendment Act, 1976. The new Article 31-C added by the Amendment Act states
that laws made by the state for implementing the directive principles contained in clause
b or c of Article 39 cannot be challenged on the grounds that they violate Article 14.

Case Law - Sanjeev Coke Mfg. Co. vs. Bharat Cooking Coal Ltd.

Article 359(1) provides that where a proclamation of emergency is in operation, the

President may, by order, declare that the right to move court for the enforcement of such
rights conferred by Part III (except Articles 20 and 21) shall remain suspended. This
Article lays down that the President and the Governors are exempted from any criminal
proceedings during their tenure of office.

Under international law, foreign sovereigns and ambassadors enjoy full immunity from
any judicial process.
Case law
In the case of State of West Bengal v. Anwar Ali Sarkar, it was brought up whether or not
the right to equality is unalienable. In this case, the Supreme Court ruled that there is no
ultimate right to equality.
In this instance, it was discovered that the State of Bengal abused its authority to
arbitrarily send any matter to the Special Court that they established. In light of this, it
was decided that the Act of State of Bengal breaches the right to equality.

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In the case of Ram Krishna Dalmia v. Justice Tendolkar, the jurisprudence of equality
before the law is described by the Supreme Court. In this instance, the well-known
“classification test” had been administered.
Simply put, it permits the State to classify subjects differently (which is otherwise
prohibited by Article 14) as long as the classification is based on comprehensible
differences (i.e., objects within the class are easily distinguishable from those outside)
and has a rational connection to the goal it seeks to pursue
Article 15 of the Constitution of India prohibits discrimination against any citizen on the
grounds of religion, race, caste, sex, or place of birth. The article states that the State shall
not discriminate against any citizen on these grounds and also empowers the State to
make special provisions for women and children and for the advancement of socially and
educationally backward classes, Scheduled Castes and Scheduled Tribes.The article
prohibits discrimination in matters related to access to public places such as shops,
restaurants, hotels, and places of public entertainment. It also prohibits discrimination in
matters related to employment, education, and the use of public utilities such as wells,
tanks, and bathing ghats.
Article 15 (1) of the Constitution
Article 15(1) of the Constitution of India states that the State, which includes the
government and its institutions, shall not discriminate against any citizen based solely on
religion, race, caste, sex, place of birth or any of them.

This means that the State cannot treat individuals or groups differently or unfairly based
on these grounds. For example, the State cannot deny an individual a job, admission to an
educational institution, or access to public services, solely based on their religion, race,
caste, sex, or place of birth.

DP Joshi v. State of Madhya Bharat

DP Joshi v. State of Madhya Bharat is a landmark case in Indian constitutional law that
deals with the interpretation of Article 15(1) of the Indian Constitution.In this case, the
petitioner challenged the constitutional validity of an order issued by the State of Madhya
Bharat, which provided for the reservation of seats in medical and engineering colleges
for candidates from backward classes. The petitioner argued that the order violated
Article 15(1) of the Indian Constitution, which prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth.

The Supreme Court, in its judgment, upheld the constitutional validity of the reservation
order. The Court held that Article 15(1) prohibits discrimination on the grounds
mentioned above, but it does not prohibit the State from making special provisions for the

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advancement of socially and educationally backward classes of citizens. The Court
further held that the reservation order was a special provision aimed at promoting the
educational advancement of the backward classes and was, therefore, valid under Article
15(1).

The Court also observed that the classification of backward classes for the purpose of
reservation must be based on objective criteria such as social and educational
backwardness, and not solely on the basis of caste. Additionally, the Court held that the
reservation policy must be based on the needs of the society and should be flexible
enough to accommodate changing social and economic conditions
Article 15 (2) of the Constitution
Article 15(2) of the Constitution of India is a fundamental right that prohibits
discrimination against any citizen of India solely based on religion, race, caste, sex, place
of birth, or any of them. The provision prohibits any citizen from being subjected to any
disability, liability, restriction, or condition on these grounds.

Clause (a) of Article 15(2) specifically prohibits discrimination in access to shops, public
restaurants, hotels, and places of public entertainment. This means that no citizen can be
denied entry or services at these establishments on the basis of their religion, race, caste,
sex, place of birth or any of them.

Clause (b) of Article 15(2) prohibits discrimination in the use of public facilities such as
wells, tanks, bathing ghats, roads, and places of the public resort that are maintained
either wholly or partly out of State funds or dedicated to the use of the general public.

This means that no citizen can be denied access to these public facilities on the basis of
their religion, race, caste, sex, place of birth or any of them.

Article 15 (3): Special Provisions for women and children

Article 15(3) of the Constitution of India is a provision that allows the State to make
special provisions for women and children, despite the general prohibition on
discrimination on the basis of religion, race, caste, sex, place of birth or any of them
under Article 15(1).

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The provision recognizes that women and children have historically been disadvantaged
and marginalized due to various social and economic factors, and hence, require special
provisions to promote their welfare and advancement.

Article 15(3) permits the State to make such special provisions without violating the
fundamental right to equality guaranteed to all citizens.

These special provisions may include policies and programs that aim to uplift women and
children, such as reservations in educational institutions, employment opportunities, and
healthcare facilities, as well as protection against various forms of discrimination and
violence.

Yusuf Abdul Aziz v. State of Bombay

In Yusuf Abdul Aziz v. State of Bombay (1954), the appellant was charged with adultery
under Section 497 of the Indian Penal Code, 1860. The case raised the issue of whether
Section 497 was in contradiction with Articles 14 and 15 of the Indian Constitution.The
argument was made that Section 497 stated that only men could commit adultery and that
women could not be punished as abettors, which raised questions of discrimination based
on gender.

However, it was noted that Clause (3) of Article 15 allows the state to make special
provisions for women and children, indicating that the provision was not intended to
prevent such provisions. It was also argued that Article 15(3) should not be interpreted as
shielding women from crimes.

Moreover, the appellant was not an Indian citizen, and only Indian citizens can invoke
fundamental rights under Articles 14 and 15. As a result, the appeal was dismissed
Article 15 (4): Special provision for SEBCs, or SCs & STs
Article 15(4) of the Indian Constitution allows the State to make special provisions for
the advancement of socially and educationally backward classes of citizens, Scheduled
Castes, and Scheduled Tribes. This provision overrules any potential conflict between the
fundamental right against discrimination and any affirmative action programs
implemented by the government to address historical social and educational
disadvantages.

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This means that the State can implement programs, policies, and laws that provide
preferential treatment to disadvantaged communities based on their caste, tribe, or
economic status, without violating the anti-discrimination provisions of Article 15(2) or
Article 29(2).

These provisions can include reservations in education, employment, and political

representation, as well as other programs aimed at addressing social and educational
inequalities faced by these groups.

The aim of such special provisions is to help these communities to have access to
opportunities and resources that were denied to them in the past, and to bring them to par
with the rest of society.

The reason for adding this clause is linked to two significant instances.

Firstly, in the case of the State Of Madras v. Srimathi Champakam (1951), the
government of Madras issued an order that allocated seats in medical and engineering
colleges based on the caste and community of the students.

However, the seven-judge bench declared that the order was against Clause (1) of Article
15 of the Constitution of India, which provides that no citizen shall be discriminated
against on grounds of religion, race, caste, sex, place of birth or any of them, in access to
educational institutions maintained by the State or receiving aid out of State funds.
Clause (b) of Article 15(6) allows the state to make special provisions for the admission
of economically weaker sections of citizens, other than those covered under clauses (4)
and (5), to educational institutions, including private educational institutions, whether
aided or unaided by the state. However, such provisions for admission would be in
addition to existing reservations and subject to a maximum of ten per cent. of the total
seats in each category.

Janhit Abhiyan v Union of India

On 16th January 2023, in a 3-2 majority, the Supreme Court upheld the 103rd
Constitutional Amendment providing EWS reservation. With this, the Court extended the
net of reservation benefits to include solely economic backwardness.

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Conclusion:
Articles 14 and 15 of the Indian Constitution stand as pillars of equality and non-
discrimination, embodying the fundamental principles upon which the nation's
democratic fabric is woven. Article 14 guarantees equality before the law and equal
protection of the laws, ensuring that every individual, regardless of caste, creed, or
gender, is treated fairly and justly by the state. Similarly, Article 15 prohibits
discrimination on grounds of religion, race, caste, sex, or place of birth, affirming the
constitutional commitment to inclusivity and social justice. These articles not only lay the
foundation for a harmonious and progressive society but also reflect India's commitment
to upholding the dignity and rights of all its citizens. As India continues to evolve and
progress, the principles enshrined in Articles 14 and 15 remain vital in guiding the nation
towards a future where every individual can live with dignity, equality, and respect.
Reference:
 https://blog.ipleaders.in/article-14/
 https://blog.ipleaders.in/article-15/
 https://byjus.com/free-ias-prep/right-to-equality/
 constitution of india

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