The terms “equality before the law” and “equal protection of the law” appear in Article 14 of the Constitution of India. The concepts of equality before the law and equal protection of the law differ slightly. However, the latter is part of the former. When there is no equal legal protection, there is no equality before the law. It should also be noted that this concept is not absolute, since we can only apply it among those who are equal and not among the unequal. The Constitution also allows the State to enact laws that apply only to certain categories of persons in order to achieve certain reasonable objectives. At present, we do not have equality legislation that would provide a framework to combat this stigma and discrimination and impose positive duties and obligations on governments and private actors to ensure that all their actions and actions are non-discriminatory. The Office for the Protection of the Constitution would not cover discrimination by individuals such as landlords and housing associations. Article 15 would also not cover systemic or structural discrimination by government policies, such as the lack of measures on food security, movement or housing of migrant workers and socio-economically disadvantaged people during the lockdown. It is high time we started the conversation for an equality law that includes the protected characteristics of migrant status, gender identity, occupation and socio-economic disadvantage in addition to other protected characteristics of caste, religion, race, ethnicity, descent, skin colour, sex, sexual orientation, nationality, disability, etc. If the pandemic can push us to work on legislation to address the glaring inequalities we are experiencing, that would be a glimmer of hope. The State shall not deny to any person equality before the law or equal protection of the laws in the territory of India.
Protection Prohibition of discrimination on the basis of religion, race, caste, sex or place of birth. Teacher. Dicey, who explained the concept of legal equality as it worked in England, said: “In our country, every civil servant, from the Prime Minister to a police officer or tax collector, is under the same responsibility as any other citizen for any act committed without legal justification.” The “equality with justice” phase finds a place in all written constitutions that guarantee fundamental rights. “All citizens, without distinction as to birth, religion, sex or race, are equal before the law; that is, there must be no arbitrary discrimination between one citizen or class of citizens and another. “All citizens are equal as human persons whom he considers equal before the law.” “All the inhabitants of the republic are assured of equality before the law. Chief Justice Pantanjali Sastri stated that the second expression is a logical consequence of the first and that it is difficult to imagine a situation in which the violation of laws will not be the violation of equality before the laws, so that the two expressions essentially mean one and the same. Dr Jennings said: “Equality before the law means that equality between equals should be equal for all. And should be administered immediately, that as should be treated equally. The right to sue and to be prosecuted, prosecuted and prosecuted for the same type of act should be equal to all citizens of full age and understanding, without distinction as to race, religion, property, social status or political influence.
“The right to equality and non-discrimination is a fundamental component of international human rights law. Article 14 guarantees the equality of all persons,[a] including citizens, businesses and foreigners. [3] [4] [5] Its provisions have been debated in a number of Supreme Court cases, and Ram Krishna Dalmia v. Justice S R Tendolkar has reiterated its importance and scope as follows. Article 14 allows classification as long as it is “reasonable” but prohibits class legislation. A classification of groups of people is considered useful if:[6] Submit your article via our online form Click here Note* We only accept original articles, we do not accept articles that have already been published on other websites. For more information, please contact: editor@legalserviceindia.com According to Dr. Jennings, the concept of equality before the law simply means that the law must be applied and administered equally among equals. The right to prosecute and be prosecuted for the same act shall be the same for all persons of age and maturity without distinction as to race, religion, caste, social status, wealth, influence, etc. Article 14 guarantees equal treatment and not equal treatment by the expression “equality of rights”.
It simply means that there is no special privilege based on birth or class or any other such reason favoring a subject. It also means that everyone is subject to the same jurisdiction. In the case of Indra Sawhney, the right to equality is also recognized as one of the fundamental features of the Indian Constitution. Article 14 applies to all persons and is not limited to citizens. A partnership that is a corporation also participates in this section. This concept implies equality for equals and aims to remove hostile discrimination or the elimination of inequality. In Ramesh Prasad v. State of Bihar, AIR 1978 SC 327 It should be noted that the concepts of “equality before the law” and “equal protection of the law” refer to both equality of justice. The principle of equality is not uniform treatment of all in all respects. It only means that all those affected equally will be treated equally, both in terms of legal privileges and responsibilities. The same right should apply to all those in the same situation and there should be no discrimination between one person and another. The Indian Constitution has granted all citizens the right to equality.
All are equal before the law and there shall be no discrimination on the basis of religion, race, caste, sex, place of birth, etc. Article 14 of the Constitution of India guarantees equality before the law or equal protection of the laws in the territory of India. Article 14 of the Constitution of India guarantees that no person shall be deprived of the right to equality before the law or equal protection of the law in the territory of India. It is a right that can be claimed by any person, citizen or not, on Indian soil. Here we see that article 14 contains two expressions, namely “equality before the law” and “equal protection of the law”. The first expression “equality before the law” is borrowed from English common law. The term “equal protection of the law” is borrowed from the Constitution of the United States of America. Section 4 of the 14th Amendment to the U.S. Constitution states that no human being shall be denied equal protection of the law by a state within its jurisdiction. Furthermore, the concept of equality of rights is part of the concept of equal status set out in the preamble to the Constitution of India. As Bhagwati J.
quoted in Maneka Gandhi v. Indian Union (1978), equality is a dynamic concept that cannot be limited to our traditional understanding and knowledge. Article 14 inhibits the arbitrariness of State action and ensures that justice and equality prevail in the treatment of all subjects.