Equality before law and equal protection of laws (Article

14)
Equality before law and equal protection of laws (Article 14)

According to Article 14,

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

þÿPrima facie, the terms equality before the law and equal protection of the laws may seem to
be identical, but, in fact, they mean different things.

þÿ1. Equality before Law This is borrowed from the English Common Law. Equality before the law is a somewhat
negative concept in the sense that it denies the State to discriminate between individuals, on arbitrary basis. It
implies the absence of any special privilege due to birth, creed or the like, in favour of any individual and the
equal subjection of all classes to the ordinary law. It means no man is above the law and every person, whatever
be his rank or status, is subject to the same ordinary jurisdiction of the courts. The concept of Equality before law
þÿhas got its origin in the concept of Rule of Law , elaborated by Prof. Dicey.

Rule of Law:

The concept of Rule of Law is an age-old concept which has been evolving with time Aristotle
þÿdefined rule of law as Government of law as opposed to Government of Man i.e. a
government, which does not work according to the whims and fancies of man but according to
law. Later, A.V. Dicey gave meaning to the term Rule of Law. According to him, it implied
three things:
þÿ1. Absolute supremacy of law or Absence of arbitrary power Dicey opines that justice must be done through
the known principles of law, as opposed to arbitrariness or wide discretionary powers in the hands of the
government.

þÿ2. Equality before law no one is above law. Equal subjection of all persons to the ordinary law of the land as
administered by the ordinary courts.

3. The rights of the people must flow from the customs and traditions (rights have Common Law origin).
Constitution is not the source but the consequence of rights of individuals as individual rights are enjoyed even
before the emergence of the Constitution and the Constitution only consolidates and codifies the same for legal