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Showing posts from September 25, 2011

Q. What is meant by right to equality before law as provided in the Constitution and what are its exceptions?

Ans. Article 14 of the Constitution states, “The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India.”
This provision contains the following three elements—
(1) equality before law;
(2) equal protection of laws; and
(3) it covers any person including foreign nationals staying in India.

(1) Equality Before Law—The term ‘equality before law’ is derived from the ‘Rule of Law’ propounded by British thinker A. V. Dicey. It means all individuals, high and low are subject to the provisions of law; no individual is considered above law; and there are common laws and courts for all individuals, both private persons and government officials. It also means that laws are enacted incorporating notion of equality of treatment in equal situations,

(2) Equal Protection of Laws— This notion is inspired by the American Constitution. It means equal enforcement of laws for all individuals in equal conditions. In fact, this notion is concerned…