Q. With reference to Right to Equality, consider the following statements: 1. Legal egalitarianism emanates from right to equality 2. Constitution of India provides for both equal protection of law as well as equality before law Which among the above statements is / are correct?
Answer: Both 1 & 2
Notes: Article 14 (equality before law) says that the state shall not deny to any person
equality before the law or the
equal protection of the laws within the territory of India. These two terms have been discussed below.
Equal Protection of Law Equal protection of the law means that the individuals have equal access to law and courts. They have to be dealt equally by the law and the courts in both substantive and procedural laws. Equal protection of the law means that the state must apply the law equally and cannot give preference to one person or class of persons over another. This concept comes from United States. The Constitution of the United States provides that no person or group will be denied such protection under the law as is enjoyed by similar persons or groups.
Equality Before Law Equality before the law implies that no one is above the law of the land. Equality before the law or
legal egalitarianism is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges. No one is exempt or included more than another. Equality before law means that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
