Constitutional Validity of Economic Legislation (Article 14)
Indian Polity & Governance
- PYQs8
- Articles1
Background
Understanding the constitutional limits on legislative power, the role of the judiciary in upholding fundamental rights, and the principles of non-arbitrariness in governance and policy-making is crucial for UPSC aspirants.
Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws, prohibiting arbitrary discrimination. This principle extends to economic legislation, requiring that any classification made by law must be based on an 'intelligible differentia' and have a 'rational nexus' to the objective sought to be achieved, ensuring that economic policies do not create arbitrary hierarchies or disadvantage specific groups without just cause.
Facts & tables
- Core Principle
- Guarantees equality before law and equal protection of laws, prohibiting arbitrary state action.
- Test for Classification
- Any classification must be based on an 'intelligible differentia' and have a 'rational nexus' to the law's objective.
- Application
- Prevents arbitrary discrimination in legislative classifications, including those in economic policies and financial regulations.
- Judicial Role
- Courts exercise judicial review to examine if legislative classifications violate Article 14, as seen in challenges to financial creditor sub-classifications.
| Condition | Description |
|---|---|
| Intelligible Differentia | The classification must be based on a discernible and understandable difference. |
| Rational Nexus | The differentia must have a reasonable relation to the object sought to be achieved by the law. |
| Type | Reference |
|---|---|
| Conceptual area | Indian Constitution |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets constitutional provisions and reviews legislative validity |
| High Courts | Interpret constitutional provisions and review legislative validity |
Prelims angle
Prelims angle: Conceptual understanding
Prelims angle: Factual recall
- Article 14 guarantees equality, prohibits arbitrary discrimination.
- Applies to economic legislation and policy classifications.
- Classifications must pass 'intelligible differentia' and 'rational nexus' tests.
- Judiciary reviews laws for Article 14 compliance.
- Ensures non-arbitrariness in state action and policy.
| Year | Framing tags |
|---|---|
| 2026 | Conceptual understanding, Terminology-based question |
| 2024 | Factual recall, Conceptual understanding |
| 2023 | Statement-based questions, Conceptual understanding |
| 2023 | Factual recall, Conceptual understanding |
| 2021 | Conceptual understanding, Factual recall |
| 2021 | Conceptual understanding, Factual recall |
| 2020 | Factual recall, Conceptual understanding |
| 2019 | Factual recall, Conceptual understanding |
Timeline
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Indian Constitution
Conceptual area
-
Prelims 2019
Factual recall, Conceptual understanding
-
Prelims 2020
Factual recall, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2023
Factual recall, Conceptual understanding
-
Prelims 2024
Factual recall, Conceptual understanding
-
Prelims 2026
Conceptual understanding, Terminology-based question
-
Towards a fair, efficient insolvency regime
Article 14 ensures equality in economic legislation, requiring classifications to meet the 'intelligible differentia' and 'rational nexus' tests to prevent arbitrary discrimination. This principle is frequently invoked in judicial review of economic policies, ensuring fairness and constitutional compliance.
See also
Past papers
2019–2023 · 6 questions
In the news
Towards a fair, efficient insolvency regime
Article 14 ensures equality in economic legislation, requiring classifications to meet the 'intelligible differentia' and 'rational nexus' tests to prevent arbitrary discrimination. This principle is frequently invoked in judicial review of economic policies, ensuring fairness and constitutional compliance.
Try these PYQs
A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
* The legislation described would violate Article 14 of the Indian Constitution. * Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means that laws must be applied fairly and consistently, and everyone should be treated equally under the law. * Legislation that gives unchecked power to the executive or administration to apply the law violates this principle. Option B is incorrect. Article 28 is related to the right to freedom of religion. Option C is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens. Option D is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
Which one of the following categories of Fundamental Rights/incorporates protection against untouchability as a form of discrimination?
Untouchability is a form of discrimination that violates the principle of equality among citizens, regardless of caste. To uphold this principle, Article 17 of the Constitution explicitly abolishes untouchability, making it one of the five rights under the broader Right to Equality (Articles 14-18). Therefore, the correct answer is option D.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice. Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21. Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.
Show 3 more PYQs
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.
Based on the above, select the correct conclusion from the options given below :
Article 13 of the Indian Constitution provides for the protection of Fundamental Rights and declares that any law inconsistent with or in derogation of Part III of the Constitution shall be void to the extent of the inconsistency. To prevent the State from bypassing Fundamental Rights through executive or traditional means, Article 13(3)(a) provides a highly expansive definition of the term "law". It explicitly states that "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. Therefore, the view of 'Y' that the term 'law' includes custom or usage is absolutely correct. Because "custom or usage" is expressly listed in the constitutional text, uncodified traditional practices that hold the force of law are subject to the exact same constitutional scrutiny as formal legislative statutes. 'X' is incorrect in doubting or rejecting the inclusion of custom or usage within the definition of law under Article 13. Thus, regarding the point of contention, only the view of 'Y' is correct. Therefore, the correct option is D.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.