Right to equality before administrative authorities
Right to Equality Before Administrative Authorities
Equality as a Constitutional Guarantee:
Most democratic constitutions enshrine equality—either explicitly or implicitly—as a fundamental right (e.g., Article 14 of the Indian Constitution). This applies to all state organs, including administrative authorities.
No Discrimination or Favoritism:
Administrative bodies must avoid discriminatory, capricious, or arbitrary decisions that treat similarly situated persons differently without reasonable justification.
Fair and Uniform Application of Law:
Administrative authorities must apply rules and procedures consistently to all individuals and groups in similar circumstances.
Reasonable Classification:
Where different treatment is necessary, it must be based on an intelligible differentia with a rational nexus to the objective sought.
Judicial Review:
Courts review administrative actions to ensure compliance with equality principles and can quash decisions that violate the right to equality.
Landmark Case Law on Right to Equality Before Administrative Authorities
Case 1: E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555 (India)
Facts: The case involved an arbitrary transfer order issued by the government.
Held: The Supreme Court held that equality is a dynamic concept and arbitrary or unfair treatment violates Article 14 (Right to Equality).
Principle: Equality is not mere formal equality but substantive fairness. Administrative authorities must avoid arbitrariness.
Significance: This case broadened the understanding of equality beyond mere classification.
Case 2: Maneka Gandhi v. Union of India, AIR 1978 SC 597 (India)
Facts: Maneka Gandhi’s passport was impounded without following fair procedure.
Held: The Supreme Court held that the right to equality under Article 14 applies to all administrative actions affecting personal liberty.
Principle: Administrative decisions must be non-arbitrary, reasonable, and follow due process.
Significance: Strengthened judicial control over administrative equality.
Case 3: Shankar S. Desai v. Union of India, AIR 1966 SC 1739
Facts: The case involved discriminatory tax assessments.
Held: The Supreme Court held that administrative authorities must treat all taxpayers uniformly unless a valid classification exists.
Principle: Unequal treatment without reasonable classification violates equality.
Significance: Established clear limits on administrative discretion in taxation.
Case 4: Ajay Hasia v. Khalid Mujib Sehravardi, AIR 1981 SC 487
Facts: The case addressed the status of private educational institutions and their regulation.
Held: The Court held that administrative authorities cannot discriminate arbitrarily among similar entities.
Principle: The right to equality applies to public authorities’ dealings with private bodies.
Significance: Emphasized the importance of uniform application of regulatory norms.
Case 5: Indira Sawhney v. Union of India (Mandal Commission Case), AIR 1993 SC 477
Facts: The case involved reservations in public employment.
Held: The Court upheld reservations but stressed that any classification must be reasonable and not arbitrary.
Principle: Affirmative action must meet the test of reasonableness and equality.
Significance: Balanced equality with social justice in administrative decisions.
Summary of Key Principles
| Principle | Explanation |
|---|---|
| Substantive Equality | Equality means fairness and non-arbitrariness, not just formal. |
| Non-Arbitrariness | No decision should be made without rational basis or fairness. |
| Reasonable Classification | Different treatment must have a legitimate reason and nexus. |
| Uniform Application of Law | Laws and policies must be applied consistently to all. |
| Judicial Enforcement | Courts ensure that administrative authorities respect equality. |
Conclusion
The right to equality before administrative authorities ensures that government agencies act fairly, justly, and without discrimination. It protects individuals from arbitrary treatment and requires consistent and reasoned decision-making. Courts play a crucial role in enforcing this right and maintaining the rule of law in administrative governance.
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