Exception to Rule of Law Article 14
ExceptionToRuleOFLaw
The above rule of equality is however not an absolute rule and there are number exception to it v ‘Equality of Law’ does not mean the power of the private citizens are the same as the power of the public officials. Thus a police officer has the power to arrest you while no other private person has this power. This is not violation of rule of law. But rule of law does require that these powers should be clearly defined by law and that abuse of authority by public officers must be punished by ordinary courts.
The rule of law does not prevent certain class of persons being subject to special rules. Thus members of armed forces are controlled by military rules. Similarly medical practitioners are controlled by medicalcouncilofIndia Certain members of society are governed by special rules in their profession i.e. lawyers, doctors, nurses, members of armed forces and police. Such classes of people are treated differentlyfromordinarycitizens. Article 14 Permits Classification But Prohibits Class Legislation
The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not attainment or circumstances in the same position. The varying needs of different classes of persons often requires separate treatment. From the vary nature of society there should be different laws in different places and the legitimate controls the policy and enacts laws in the best interest of the safety and security of the state. In fact identical treatment in unequal circumstances would amount to inequality. So a reasonable classification is only not permitted but is necessary if society is to progress.
Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification however must not be “arbitrary ,artificial or evasive” but must be based on some real and substantial bearing a just and reasonable
The above rule of equality is however not an absolute rule and there are number exception to it v ‘Equality of Law’ does not mean the power of the private citizens are the same as the power of the public officials. Thus a police officer has the power to arrest you while no other private person has this power. This is not violation of rule of law. But rule of law does require that these powers should be clearly defined by law and that abuse of authority by public officers must be punished by ordinary courts.
The rule of law does not prevent certain class of persons being subject to special rules. Thus members of armed forces are controlled by military rules. Similarly medical practitioners are controlled by medicalcouncilofIndia Certain members of society are governed by special rules in their profession i.e. lawyers, doctors, nurses, members of armed forces and police. Such classes of people are treated differentlyfromordinarycitizens. Article 14 Permits Classification But Prohibits Class Legislation
The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not attainment or circumstances in the same position. The varying needs of different classes of persons often requires separate treatment. From the vary nature of society there should be different laws in different places and the legitimate controls the policy and enacts laws in the best interest of the safety and security of the state. In fact identical treatment in unequal circumstances would amount to inequality. So a reasonable classification is only not permitted but is necessary if society is to progress.
Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification however must not be “arbitrary ,artificial or evasive” but must be based on some real and substantial bearing a just and reasonable