Report No. 101

2.3. Drafting history of Article 14.-

The position regarding Article 14 of the Constitution (equal protection of the laws), is different in this respect. The principle of guaranteeing to every person equality before the law and the equal protection of the laws was first included in the drafts submitted to the Sub-Committee on Fundamental Rights by Dr. Munshi and Dr. Ambedkar1. After considering the drafts for two days (March 24 and 29, 1947), the Sub-Committee adopted Dr. Munshi's draft, modified as follows:-

"All persons within the Union shall be equal before the law. No person shall be denied the equal protection of the laws within the territories of the Union. There shall be no discrimination against any person, on grounds of religion, race, caste, language or sex"2-3. The decision of the Sub-Committee was that all persons in India (and not merely citizens), should be equal before the law.

1. Ambedkar's draft Article 11(1) and (3); Select Documents II, 4(ii), pp. 74-75, 86.

2. Minutes, March 24, 1947, Select Documents II, 4(iii), pp. 116-118.

3. Shiva Rao The Framing of India's Constitution, (1961), p. 179.