What is equality before law?
Q. Equality before law is part of Rule of Law. Rule of Law was propounded by - - Published on 21 Feb 17a. Napolean
b. Voltaire
c. A. V. Dicey
d. Ivor Jennings
ANSWER: A. V. Dicey
- Article 14 says 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 right is for all whether citizens or foreigners.
- Moreover, the word ‘person’ includes legal persons, viz, statutory corporations, companies, registered societies or any other type of legal person.
- The concept of ‘equality before law’ is of British origin.
- But the concept of ‘equal protection of laws’ has been taken from the American Constitution.
The first concept connotes -
1. the absence of any special privileges in favor of any person;
2. the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts; and
3. no person is above the law.
The second concept, on the other hand, connotes -
1. the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws,
2. the similar application of the same laws to all persons who are similarly situated, and
3. the like should be treated alike without any discrimination.
- Thus, the former is a negative concept while the latter is a positive concept. However, both of them aim at establishing equality of legal status, opportunity and justice.
- The Supreme Court held that where equals and unequals are treated differently, Article 14 does not apply.
- While Article 14 forbids class legislation, it permits reasonable classification of persons,objects and transactions by the law. But the classification should not be arbitrary, artificial or evasive.
- Rather, it should be based on an intelligible differential and substantial distinction.
- Rule of Law The concept of ‘equality before law’ is an element of the concept ‘Rule of Law’, propounded by A.V. Dicey, the British jurist.
His concept has following 3 aspects -
1. Absence of arbitrary power - no man can be punished except for a breach of law.
2. Equality before the law - equal subjection of all citizens (rich or poor, high or low,official or non-official) to the ordinary law of the land administered by the ordinary law courts.
3. The primacy of the rights of the individual - the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights.
- The first and the second elements are applicable to India and not the third.
- In India, the constitution is the source of the individual rights.
- The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution. Hence, it cannot be destroyed even by an amendment.
