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Equality before law and Equal protection of law

Introduction –
If the law favours any citizen on any unreasonable ground such as class, status, gender, etc.,
the law is unfair and fails to perform its purpose, which is to uphold justice. Every subject of
a state must be considered an equal before law and no subject must be treated with some
special consideration on an unreasonable ground such as gender, race, class, religion, etc.
This concept can be summed up in the phrases “equality before law” and “equal protection of
law”.

Constitutional provisions –
Article 14 of the Indian Constitution guarantees that no person shall be denied the right to
equality before law or the equal protection of law in the territory of India. This is a right that
can be claimed by any person, whether a citizen or a non-citizen, on Indian soil.

Equality before law –

 The Concept of “equality before law” is of British origin which means that no one,
rich or poor, low or high, official or non-official, is above the law and that everyone,
regardless of status or position, is to be treated equally and subject to the same form
of court interference. 
 It is a rather negative notion in that it is a proclamation of equality of all persons
inside the territory of India, meaning the absence of any privilege in favor of any
individual based on birth, creed, or other factors. 
 The concept of Equality Before law, on the other hand, does not imply total equality
for everybody. Article 14 assures treatment that is comparable but not identical.
 Example: If a normal citizen or a government official murders someone, they will
both be punished in the same way, and the penalty will be the same, which implies the
same law will apply to both of them.

Equal protection of law –

 The concept of "equal protection of laws (EPL)" comes from the United States
Constitution. 
 It means that the law should be applied equally and fairly to all people. As a result, it
is a positive concept that implies the right to equal treatment under the same
circumstances. 
 As a result, Equal Protection of Law necessitates affirmative action by the state in the
face of inequity. Thus, Article 14 allows for acceptable categorization, and the notion
of equality allows for logical discrimination. 
 In brief, equals must be treated equally, and unequal’s must be treated unequally,
according to the Supreme Court, where equals and unequal’s are treated differently.
 Example: Special seating for women in buses, trains, and metros is not
unconstitutional.

Difference between equality before law and equal protection of law –


Conclusion –
Despite differences between the conceptions of equality before the law and equal protection
under the law, both seek legal equality, opportunity, and justice.

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