‘Article 14 Can’t Justify Repeating Illegality’: Supreme Court Clarifies Limits of Equality Principle

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The Supreme Court of India ruled that Article 14, ensuring equality, cannot justify illegal actions. A petition for compassionate appointment, denied due to a policy’s time limit, was dismissed. The Court emphasized that past illegal benefits do not justify future claims, upholding the rule of law and reinforcing that equity must align with legal frameworks.

New Delhi: The Supreme Court recently clarified that Article 14 of the Constitution of India, which guarantees the right to equality, cannot be invoked to justify or perpetuate an illegal action. The decision came while addressing a petition seeking compassionate appointment based on an argument of parity with others who had been granted similar benefits.

The Case: Compassionate Appointment Request

The petitioner sought a compassionate appointment following the death of his father in 1997, applying for the position in 2008 after attaining majority. However, the Haryana Government rejected his request, citing its 1999 policy that imposes a three-year time limit for such applications.

The petitioner argued that despite being time-barred, other individuals in similar situations were granted compassionate appointments. He invoked Article 14, contending that the right to equality mandated equal treatment.

SC’s Ruling: “Equality Enshrined in Positivity Based on Law”

A Bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih dismissed the petitioner’s argument. The judgment, authored by Justice Masih, emphasized that “the idea of equality enshrined in Article 14 is a concept clothed in positivity based on law.”

The Court underscored that:

  • An illegal or irregular benefit conferred on someone else cannot become the basis for a similar claim by another individual.
  • Courts cannot issue directions that perpetuate illegality or irregularity, even when such benefits have been erroneously granted in the past.

Upholding Rule of Law

The Bench noted that entertaining claims based on past illegalities would not only undermine justice but also “negate its ethos, resulting in the law being a casualty culminating in anarchy and lawlessness.”

Further, the Court observed that passing illegal orders does not entitle others to demand similar treatment. It reiterated that equity cannot be used as a tool to confer benefits that lack legal justification.

The Supreme Court’s decision establishes that Article 14 cannot be used to demand illegal benefits or circumvent policies rooted in legal frameworks. This ruling sends a strong message that the judiciary will not support actions that contravene established laws or undermine governance principles.

Balancing Equity and Law

The Court acknowledged the need for compassion but highlighted the importance of adhering to legal frameworks. It maintained that the sanctity of law must prevail over emotional appeals to fairness when such appeals lack legal merit.

This judgment reaffirms the judiciary’s commitment to ensuring that equality under Article 14 is rooted in lawful conduct, steering clear of actions that could compromise the integrity of the legal system.

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