The phrase 'equality before law' appears in which Article of the Constitution?

Article 14 says 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.

Two ideas in one Article:

"Equality before the law" is taken from the British tradition. It means that no person is above the law and that everyone, whatever his rank, is subject to the ordinary courts.

"Equal protection of the laws" is taken from the Constitution of the United States. It means that people in similar situations must be treated in a similar way.

Reasonable classification:

Article 14 does not forbid all classification. It forbids class legislation, meaning arbitrary favouritism.

A classification is valid if it is based on an intelligible difference and has a rational link with the purpose of the law.

For example, separate tax rates for different income groups are allowed.

Protection against arbitrariness:

In the E.P. Royappa case (1974), the Supreme Court held that equality and arbitrariness are sworn enemies.

In the Maneka Gandhi case (1978), the Court linked Article 14 with Article 21, so that any procedure that takes away liberty must be fair and reasonable.

Who can claim it:

Article 14 is available to all persons, citizens and foreigners, and also to companies.

Exceptions:

• The President and the Governors are not answerable to any court for their official acts (Article 361).
• Foreign diplomats enjoy immunity under international law.

Basic structure:

The Supreme Court has held that equality, including Article 14, is part of the basic structure of the Constitution.

Why not the other options?

• ✗Article 15 prohibits discrimination on certain grounds.
• ✗Article 17 abolishes untouchability.
• ✗Article 21 protects life and personal liberty.