Equality Before Law

 

⚖️ "Equality Before Law" – Meaning under Indian Law

The principle of "Equality before law" is a fundamental concept in Indian constitutional law. It is enshrined in:

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🔹 Article 14 of the Constitution of India

“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

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🔍 Breakdown of Article 14:

1. "Equality before the law" (British origin – Dicey's rule of law):

   • No person is above the law, and all are subject to the same law, irrespective of status or position.

   • It implies absence of arbitrary power.

2. "Equal protection of the laws" (American origin – 14th Amendment):

   • Requires the State to treat people in similar situations equally.

   • Allows for reasonable classification (not arbitrary discrimination) to achieve substantive equality.

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🧠 Key Principles:

Principle	Explanation
Formal equality	All persons are treated alike under the law.
Substantive equality	Permits special treatment for disadvantaged groups (e.g., SC/ST, women) to ensure real equality.
Reasonable classification	The law can classify persons, but the classification must be reasonable, non-arbitrary, and have a rational nexus with the objective of the law.
No class legislation	Laws cannot arbitrarily benefit or target a particular group without just cause.

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🔹 Important Supreme Court Judgments on Article 14:

1. State of West Bengal v. Anwar Ali Sarkar (1952)
   – Classification must not be arbitrary or discriminatory.

2. EP Royappa v. State of Tamil Nadu (1974)
   – Equality is a dynamic concept and antithesis of arbitrariness.

3. Maneka Gandhi v. Union of India (1978)
   – Reinforced due process and procedural fairness as part of equality.

4. Indra Sawhney v. Union of India (1992)
   – Upheld reservations as a means to achieve substantive equality for backward classes.

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✅ Examples of Laws Promoting Equality:

• Reservations in education and public employment (SC/ST/OBC).

• Equal Remuneration Act, 1976 – Gender equality in wages.

• Protection against discrimination in public spaces and services.

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⚠️ Limitations:

• Not absolute: Article 14 does not prohibit reasonable classification.

• Does not mean identical treatment in all situations.

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In summary:

"Equality before law" under Article 14 ensures fair, non-arbitrary treatment of all persons. It is both a guarantee of legal uniformity and a tool for social justice, allowing special measures to uplift the disadvantaged while restraining unjust discrimination.