CURRENT AFFAIRS | 4 APRIL 2026
CLAT GK + CONSTITUTIONAL LAW & CRIMINAL PROCEDURE
• Article 14 — Equality before law and equal protection of laws
• Rule of Law (A.V. Dicey) — No one is above the law
• Lalita Kumari v. Government of UP (2014) — Mandatory FIR registration
• Section 154 CrPC (now Section 173 BNSS 2023) — FIR provisions
• Judicial scrutiny of police deference to powerful accused
What Happened: HC Questions Protocol Titles in FIR
In a significant observation touching the very foundation of Rule of Law, a High Court has questioned the Uttar Pradesh government over why protocol titles such as “Hon’ble” and “Mr” were used before a minister’s name in an FIR. The Court noted that an FIR is a legal document recording a criminal complaint and must treat all persons equally, irrespective of their social or political status.
The Court observed:
- An FIR is not a ceremonial document — it is the foundation of criminal proceedings
- Using honorific titles for an accused person suggests differential treatment
- This practice violates the spirit of Article 14 which mandates equality before law
- Police officers must maintain objectivity and impartiality in recording FIRs
- The practice reflects a culture of subservience that undermines institutional independence
Constitutional Framework: Article 14 and Rule of Law
– Article 14 — Equality before law (from British Common Law) + Equal protection of laws (from US 14th Amendment)
– Rule of Law (Dicey) — Three principles: (1) Supremacy of law, (2) Equality before law, (3) Predominance of legal spirit
– Section 154 CrPC / Section 173 BNSS 2023 — Mandatory recording of FIR in cognizable offences
– Article 361 — Only President and Governors have immunity from criminal proceedings during tenure
– Article 14 Test — Reasonable classification requires: (i) intelligible differentia + (ii) rational nexus with the object
– No constitutional provision grants ministers or legislators immunity from being named as ordinary accused in FIRs
Lalita Kumari v. Government of UP (2014)
The HC’s observation gains additional weight from the landmark Lalita Kumari v. Government of UP (2014) decision, where a five-judge Constitution Bench of the Supreme Court held that:
- FIR registration is mandatory under Section 154 CrPC when information discloses a cognizable offence
- Police cannot refuse to register an FIR based on the identity or status of the accused
- A preliminary inquiry is permissible only in limited categories (matrimonial disputes, commercial offences, medical negligence, corruption)
- Non-registration of FIR is itself a punishable offence under Section 166A IPC (now Section 172 BNS)
Rule of Law: Dicey’s Three Principles
A.V. Dicey propounded the concept of Rule of Law in his work “Introduction to the Study of the Law of the Constitution” (1885). The three principles are:
- Supremacy of Law — No person can be punished except for breach of law established through ordinary legal process
- Equality before Law — Every person, regardless of rank or condition, is subject to the ordinary law and jurisdiction of ordinary courts
- Predominance of Legal Spirit — The Constitution is the result of ordinary law (rights flow from judicial decisions, not from a written document alone)
The practice of using protocol titles in FIRs directly violates Dicey’s second principle — equality before law — as it creates an implicit hierarchy among accused persons based on their political or social status.
| Article 14 | Equality before law + Equal protection |
| Rule of Law Author | A.V. Dicey (1885) |
| Lalita Kumari (2014) | Mandatory FIR registration |
| FIR Section (old) | Section 154 CrPC |
| FIR Section (new) | Section 173 BNSS 2023 |
| Immunity (Art 361) | Only President & Governors |
• Article 14 analysis — Equality before law is one of the most tested constitutional concepts in CLAT
• Rule of Law — Dicey’s three principles are a CLAT favourite, especially in legal reasoning
• Lalita Kumari — Landmark case on mandatory FIR registration is frequently tested
• New criminal laws — CrPC to BNSS transition (Section 154 to 173) is exam-relevant
• Police independence — Prakash Singh v. UoI (2006) on police reforms is a related topic
E — Equality before law (Article 14, Dicey)
Q — Questions by HC on protocol titles
U — UP government’s practice challenged
A — All persons equal before law in FIR
L — Lalita Kumari — mandatory FIR registration
Source: The Indian Express — 4 April 2026
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