Question

Equality before the law or equal protection of the laws within the territory of India is guaranteed under which one of the following Articles of the Constitution of India ?
1. Article 14
2. Article 15
3. Article 16
4. Article 22

Answer 1

Correct Answer - Option 1 : Article 14

The correct answer is Article 14.

• The Constitution of India codifies the fundamental rights- the basic human rights of its citizens which are defined in Part III of the Constitution.
• One such right is the right to equality which is protected under articles 14 to 18. Article 14 is the most significant of the lot.
• The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
• This means that every person, who lives within territory of India, has the equal right before the law. That equals will be treated equally.
• This article constitutes of 2 parts:
  • ​Equality before law and.
  • Equal protection of the laws.
• The article14 two tests of classification are as follows:
  • ​Ineligible Differentia: The classification must be founded on an intelligible differentia which distinguishes those that are grouped together from other. Arbitrariness is an anti-thesis to the right to equality.
  • Rational Relation: That differentia must have a rational relation to the object sought to be achieved by the Act. It is necessary is that there must be nexus between the basis of classification and the object of the act which makes the classification.

Article 15	Article 15 prohibits discrimination by the state against any citizen on grounds only of caste, religion, sex, race, and place of birth. Fundamental rights are provided to every citizen of the country without any discrimination. These rights entitle an individual to live life with dignity.
Article 16	Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector. The provision of equality is only applicable to the employment or offices which are held by the State. The State is still free to lay down the requisite qualifications for the recruitment of employees for the Government services.
Article 22	Article 22 constituted within the right to freedom is one of the parts of the fundamental rights guaranteed under the constitution. This article is covered in two major parts, protection and rights granted in case of arbitrary arrest also known as punitive detention, and safeguards against preventive detention.