Article 14 vs. Article 15

Attribute	Article 14	Article 15
Right to asylum	Yes	Yes
Prohibition of expulsion or return	Yes	Yes
Non-refoulement principle	Yes	Yes
Protection against torture or inhuman treatment	Yes	Yes
Right to seek and enjoy asylum	Yes	Yes

Introduction

Article 14 and Article 15 are two important provisions in the Indian Constitution that deal with the right to equality. While both articles aim to ensure equality before the law and prohibit discrimination, they have some key differences in terms of their scope and application. In this article, we will compare the attributes of Article 14 and Article 15 to understand their similarities and differences.

Article 14

Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws to all persons within the territory of India. It states 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. This means that the State cannot discriminate against any person on the basis of religion, race, caste, sex, or place of birth.

Article 14 is a fundamental right that is available to both citizens and non-citizens of India. It is considered to be the cornerstone of the right to equality in the Indian Constitution and is often invoked in cases where there is a violation of the principle of equality before the law. Article 14 ensures that all individuals are treated equally by the State and are not subjected to arbitrary or discriminatory actions.

One of the key features of Article 14 is that it applies to both the State and private individuals or entities. This means that not only the government but also private parties are bound by the principle of equality before the law. Article 14 has been interpreted by the courts to mean that there should be a rational nexus between the classification made by the State and the object sought to be achieved by such classification.

Article 14 has been the subject of numerous landmark judgments by the Indian judiciary, where the courts have interpreted and expanded the scope of the right to equality. The principle of non-arbitrariness, reasonableness, and fairness have been emphasized by the courts in their interpretation of Article 14. Overall, Article 14 is a crucial provision that ensures equality and non-discrimination in the Indian legal system.

Article 15

Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It states that the State shall not discriminate against any citizen on the basis of these factors. Article 15 is a fundamental right that is available only to citizens of India and not to non-citizens.

Article 15 has a narrower scope compared to Article 14 as it specifically deals with discrimination on certain grounds. While Article 14 guarantees equality before the law to all persons, Article 15 focuses on preventing discrimination against citizens on the specified grounds. This provision is aimed at promoting social equality and preventing discrimination in various spheres of life.

One of the key features of Article 15 is that it allows the State to make special provisions for women and children. This means that the State can enact laws or policies that provide for the advancement of women and children and protect them from discrimination. Article 15(3) specifically allows the State to make special provisions for women and children.

Article 15 has been interpreted by the courts to mean that the State cannot discriminate against citizens on the specified grounds while making laws or policies. The principle of non-discrimination and equality is central to the interpretation of Article 15. The courts have emphasized the need for affirmative action to promote social equality and uplift marginalized sections of society.

Comparison

While both Article 14 and Article 15 aim to ensure equality and prevent discrimination, they have some key differences in terms of their scope and application. Article 14 guarantees equality before the law to all persons, while Article 15 specifically deals with discrimination against citizens on certain grounds. Article 14 applies to both citizens and non-citizens, while Article 15 is limited to citizens of India.

• Article 14 guarantees equality before the law to all persons, while Article 15 specifically deals with discrimination against citizens on certain grounds.
• Article 14 applies to both citizens and non-citizens, while Article 15 is limited to citizens of India.
• Article 14 has a broader scope as it prohibits discrimination on any ground, while Article 15 focuses on preventing discrimination on specified grounds.
• Article 14 is considered to be the cornerstone of the right to equality in the Indian Constitution, while Article 15 is aimed at promoting social equality and preventing discrimination.
• Article 14 has been the subject of numerous landmark judgments by the Indian judiciary, while Article 15 has been interpreted to allow the State to make special provisions for women and children.

In conclusion, Article 14 and Article 15 are important provisions in the Indian Constitution that aim to ensure equality and prevent discrimination. While Article 14 guarantees equality before the law to all persons, Article 15 specifically deals with discrimination against citizens on certain grounds. Both articles play a crucial role in promoting social equality and upholding the principles of non-discrimination and equality in the Indian legal system.