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Understanding what the right to equality promises
Context:
The Citizenship (Amendment) Act (CAA), 2019, has been notified and faces a legal challenge in the Supreme Court on grounds of violating Article 14 of the Constitution, which guarantees equality.
Classification Test:
- Reasonable classification: The classical 'reasonable classification' test is used to judge violations of equality, assessing whether a clear distinction exists between classes and if it serves a legitimate governmental objective.
- Exclusion: While the CAA's classification based on persecuted minorities from geographically connected nations may seem legally sound, concerns arise due to exclusions and the religious basis of discrimination.
- Fail to capture the true essence of equality: The classification test, imported from the U.S., has become integral to equality jurisprudence but may not adequately address concerns of arbitrary exclusion based on religion.
Requirement for Comprehensive Understanding:
- Re-understanding of equality: There's a need for a comprehensive re-understanding of equality under Article 14, beyond the traditional 'treating equals equally and unequals unequally' approach.
- Opportunity to redefine: The Court should delve deeper into the state's justifications for exclusions and actively engage with values inherent in Article 14 to ensure constitutional promises are upheld.
- Robust constitutionalism: By scrutinizing the Act's provisions against constitutional principles, the Court can ensure a clear distinction between inviolable rights and the criteria used to assess their infringement.
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