ISSUE:
To what extent Article 14 of the Constitution of India renders the Ordinance and the Act to be extra vires?
Whether the President's promulgation of the Ordinance go beyond his authority granted by Article 123 of the Constitution of India?
Whether the classification made under the Bond Bearer Act, 1981 between the holders of black money and others is not practical, real, intelligible and not arbitrary, and irrational and therefore violative of the equal protection clause in Article 14 of the Constitution of India?
RULE:
The right to equality is enshrined in Article 14 of the Constitution of India. By its terms, discrimination of any kind is forbidden by law, and all people are treated equally.
Article 123 of the Constitution of India mentions the Ordinance-making power of the President. He can promulgate Ordinances either when both the houses or either of the Houses is not in session.