What’s The Relevance Of Article 14 (Equality) In Extradition?

Article 14 of the Constitution of India ensures that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This fundamental right is essential in all legal processes, including extradition, where both domestic procedures and treaty obligations must align with the principles of equality and non-arbitrariness.

Role and Relevance of Article 14 in Extradition

Applies to Any Person Including Foreigners

Article 14 protects citizens and non-citizens alike, including fugitives or accused persons whose extradition is sought by or from India.

Ensures that extradition decisions are made fairly, without arbitrary discrimination based on nationality, gender, religion, or political opinion.

Prevents Arbitrary or Discriminatory Extradition Decisions

Authorities cannot selectively approve or deny extradition without reasonable classification or justified distinctions.

For example, if two similarly situated individuals face extradition for the same offence, one cannot be extradited while the other is not, without valid legal grounds.

Judicial Scrutiny of Government Action

Indian courts may use Article 14 to assess whether the executive has acted arbitrarily or unjustly in granting or refusing extradition.

This includes reviewing if the process followed due legal procedure and provided equal treatment.

Protection Against Discriminatory Treatment Post-Extradition

If there is a real risk that the extradited person will face discriminatory treatment in the requesting country (e.g., based on gender, ethnicity, or political opinion), Article 14 may be invoked as part of the humanitarian refusal grounds.

Consistency with International Human Rights Norms

Article 14 reinforces India’s obligation to uphold the rule of law, aligning with global human rights standards that prohibit discrimination and require fair legal procedures.

Equality in Legal Safeguards

Extradition hearings in India must offer equal opportunity to defend, access to legal representation, and judicial oversight—none of which can be denied arbitrarily under Article 14.

Example

India receives two extradition requests from the same country for two individuals accused of identical financial crimes. If the government approves one and rejects the other without offering legal justification, the rejected individual may challenge the decision in court under Article 14, alleging arbitrary and unequal treatment.

Conclusion

Article 14 plays a critical constitutional role in ensuring fairness, equality, and non-discrimination in extradition processes. It empowers courts to prevent arbitrary action by the executive and provides individuals facing extradition with a safeguard rooted in India's commitment to justice and rule of law.