The Supreme Court of India ruled on Wednesday that individuals cannot invoke the right to equality to claim benefits that were unlawfully granted to others, even if they were unfairly denied similar advantages themselves.

A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih delivered the judgment. The court noted that Article 14 of the Indian Constitution ensures equality before the law and equal protection of the laws, requiring all state actions to be fair, reasonable, and non-arbitrary. While the article protects individuals from discrimination, the court held that it applies only to lawful claims and cannot be invoked to demand equal treatment in situations that violate legal provisions. Justice Augustine George Masih, writing for the bench, stated: “The idea of equality enshrined in Article 14 is a concept clothed in positivity based on law. It can only be invoked to enforce claims with legal sanctity and not to perpetuate illegality.”

The court emphasized that constitutional rights cannot be used to justify or perpetuate illegal or irregular practices. Even if some individuals were previously granted benefits outside the legal framework, this does not entitle others to demand the same through the principle of equality.

In the case, Tinku v. State of Haryana, the petitioner sought a compassionate job appointment following the death of his father, a police constable, in 1997. The petitioner was only seven years old at the time of his father’s passing and applied for the appointment in 2008 after reaching adulthood. His application was denied by the state government based on a 1999 policy that imposed a three-year limit from the date of the employee’s death for such claims.

The petitioner argued that other individuals in similar situations had received compassionate appointments despite their applications being submitted beyond the stipulated time frame. However, the Supreme Court dismissed this argument and asserted that the right to equality, as enshrined in Article 14, must be grounded in legality.