Right to Equality: Articles 14–18

Equality before the law and equal protection of the laws to any 'person' within India's territory — including foreigners and companies.

The first is negative and British (Dicey): no one is above the law, no privileges of rank. The second is positive and American (14th Amendment): like must be treated alike, so different situations may be treated differently.

1) Intelligible differentia — a real, identifiable distinction; 2) Rational nexus — that distinction must logically connect to the object of the law. Settled in State of West Bengal v. Anwar Ali Sarkar (1952).

No — it forbids class legislation, not reasonable classification. Otherwise the State could not tax the rich more, give maternity leave or set a driving age.

From E.P. Royappa (1974) and Maneka Gandhi (1978): 'equality is antithetic to arbitrariness'. Any arbitrary, whimsical or irrational State action violates Article 14 even without a comparison group.

Terminating air hostesses on first pregnancy was 'callous' and arbitrary, with no nexus to efficient service — a violation of Article 14.

A law may be struck down for being excessive or lacking an adequate determining principle — used in Shayara Bano (2017) and Navtej Johar (2018).

State discrimination against any citizen only on grounds of religion, race, caste, sex or place of birth.

It binds private actors too — no one may be denied access to shops, restaurants, hotels and other public places on those grounds.

Article 17 abolishes untouchability; Article 18 abolishes titles, preventing the law from borrowing society's old machinery of rank.