14 : Equality before Law and Equal Protection of Laws
    • State shall not deny to any person equality before the law or the equal protection of the laws
  • concept of ‘equality before law’ is of British origin :(Negative Concept)
  • It is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist
  • Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution
  • British constitution is result of rights of individuals defined by courts and not a source of rights ; In the Indian System, the constitution is the source of the individual rights

(a) the absence of any special privileges in favor of any person,

(b) the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and

(c) no person is above the law

  • concept of ‘equal protection of laws’ has been taken from the American Constitution: (Positive Concept)

(a) the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws, (b) the similar application of the same laws to all persons

(c) the like should be treated alike without any discrimination

  • Exceptions to Equality The rule of equality before law is not absolute :  president, member of parliament, member of state legislatures, foreign diplomats who enjoy immunities, protections, and special privileges.
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