Rights To Equality

3728A0BC-B00D-4014-8E60-296D0E92CD98

Article 14 of the Indian Constitution provides state shall not deny to any person equality before law and equal protection of law within the territory of India. The principle of equality before law and equal protection of law was first included in the drafts submitted to sub- committee on the fundamental right by Munshi and Ambedkar. The equality before law is British Concept and it is negative concept as it implies the absence of any special privilege in favour of individuals. And equal subjection of all classes to the ordinary law of land, no person whatever his rank is above law. But the equal protection of law is American concept and it is more positive concept as it implies equality of treatment in equal circumstances. The equality before law is not absolute as there are number of exceptions.

According to Sir Ivor Jennings equality before law means that among equals, the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and understanding without distinction of race, religion, wealth, social status.

According to A.V. Dicey it means no one is above law and that every person whatever his rank or conditions is subject to the jurisdiction of ordinary courts.

The equal protection of law doesn’t mean that the same law should apply to all persons or every law must have a universal application within the country irrespective of differences of circumstances. It does not postulate equal treatment of all persons without distinction. It means application of same laws alike and without discrimination to all persons similarly situated. It denotes equality of treatment in equal circumstances. It means that among equals the law should be equal and equally administered that the like should be treated alike without distinction of race, religion, wealth, social status or political influence.

Comments

comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Important Links to visit:
Home Page, About IILS, Law Courses, Contact IILS