doctrine of "level playing field" is an important
doctrine which is embodied in Article 19(1)(g) of
the Constitution. "This is because the said
doctrine provides space within which equally
placed competitors are allowed to bid so as to
subservethelargerpublicinterest.
"Globalisation", in essence, is liberalisation of
trade. Today India has dismantled licence raj.
The economic reforms introduced after 1992 have
brought in the concept of "globalisation".
Decisions or acts which result in unequal and
discriminatory treatment, would violate the
doctrine of "level playing field" embodied in
Article 19(1)(g). Time has come, therefore, to
say that Article 14 which refers to the principle
of "equality" should not be read as a stand alone
item but it should be read in conjunction with
Article 21 which embodies several aspects of
life. There is one more aspect which needs to be
mentioned in the matter of implementation of the
aforestated doctrine of "level playing field".
According to Lord Goldsmith, commitment to the
"rule of law" is the heart of parliamentary
democracy. One of the important elements of the
"rule of law" is legal certainty. Article 14
applies to government policies and if the policy
or act of the Government, even in contractual
matters, fails to satisfy the test of
"reasonableness", then such an act or decision
would be unconstitutional."
