EQUALITY

INTRODUCTION
o French declaration of Rights 1789: “Men are born and always continue to be free and
equal in respect of their rights”.

o US Declaration of Independence 1776: “All men are created equal. All human beings
are equal and should be entitled to identity of treatment and income”.

 Definition
o Laski: “Equality does not mean only the identity of treatment or sameness of reward.
It means first of all the absence of social privilege. Secondly, it means that adequate
opportunities are laid open to all.”

o Earnest Braker: “Equality is derived from the supreme value of development of

personality.”

o Rousseau: Book: “Discourse on the origin of inequality” 1754.

 “Inequality emerged due to the rise of private property and civilization.”

 He said: “Men are born and remain free and equal in rights. Social
distinctions can be based only upon public utility."
 INTRODUCTION
 Meaning
o All men are equal and all should be entitled to same treatment.

 Equality before law.

 Equal opportunities for development

 No special privileges.

o Laski: “The idea of equality is fundamentally a leveling process.”

 Concept of Absolute Equality

o It cannot be realized

o Men not born equal but unequal biologically.

 EQUALITY AS A LEVELING PROCESS

o Ideal of equality: A process of same treatment and availability of

rights in political, social and economic, etc. domains.
o This leveling process is done by laws
 CONDITIONS FOR EQUALITY
o Adequate opportunities for personalities
o No special privileges in society
o Rule of law
o Strong institutions
o Supremacy and independence of judiciary
o Balanced state structure.
o Strong legal mechanism.
o Equal distribution of rights and resources.
o Literacy.
o Equal access to all political, social, economic opportunities.
o Guarantee of Fundamental Rights.
 KINDS OF EQUALITY
o Social Equality:
 Equal status, no special privileges
 UDHR – Dec 10, 1948.
o Civil Equality:
 Equal treatment of law.
o Political equality:
 Equal participation and represetation and political rights.
o Economic Equality:
 Lord Bryce: “Equal opportunities of employment and resources.”
o Legal Equality:
 Equality in the eye of law – Rule of law and prescribed Rights in law.
o National Equality:
 Constitutionally envisaged Equality
 Eg: NFC, fundamental rights, etc.
o Natural Equality:
 All are born equal but biologically unequal.
 RELATIONSHIP B/W
LIBERTY AND EQUALITY

o Both are democratic ideals.

o Both are ensured by law.
o Lord Acton, Laski and Tocqueville conceived that liberty and equality are
antithetical concepts.
 Eg: Laissez-faire by Adam Smith gives economic liberty but curbs
social equality by making social stratifications. Rich and poor gap.
o Herbert A. Dean: “Liberty and Equality are not in conflict or separate, but
different facts of same ideal”
o Some say liberty and Equality are complementary to each other.
 Eg: both are means to develop human personality and potentialities.
 MARXIST VIEW OF EQUALITY
o Industrial capitalists and labor class
o Class struggle
o Exploitation due to inequality of resources.
o No class – no inequality denotes communism.
o Economic equality is the fundament of all the other equalities.
o Social ownership of means of production in a society is prerequisite
for economic equality.