Difference between equality before law and equal protection of law
| Equality before law | Equal protection of the law |
|---|---|
| • Absence of any special privileges in favor of any person. • Equal subjection of all persons to the ordinary law of the land administered by ordinary law courts. • It is a negative concept (British origin) as it restricts state from engaging in any arbitrary discrimination between individuals. | • Equality of treatment under equal circumstances both in privileges conferred and liabilities imposed by the laws. • Similar application of the same laws to all persons who are similarly situated. • It is a positive concept (American Constitution) as it puts a positive obligation on the state to prevent the violation of rights. |
Case laws:
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- Sri Srinivasa Theatre v. Government of Tamil Nadu (1992)-‘equality before law’ and ‘equal protection of law’ do not carry the same meaning though lot in common.
- State of West Bengal v. Anwar Ali Sarkar(1952)– equal protection of law, a part of equality before law.
Interrelation between equality before law and equal protection of law
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- “Equality before the law” ensures everyone is treated uniformly without discrimination, while “equal protection of the law” ensures law addresses the differences among individuals to achieve real equality.
- “Equality before the law” provides formal equality by guaranteeing same legal standards. “Equal protection of the law” providessubstantive equality, considering the unique circumstances of different individuals.
Rule of Law
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- V.Dicey-The concept of ‘equality before law’ is an element of ‘Rule of Law’.
Note: The first and the second elements are applicable to the Indian System and not the third one.
Quantitative equality and Substantive equality
| Quantitative equality | Substantive equality |
|---|---|
| • Everyone is treated same • Equal treatment under the same rules. • Example- Equal voting rights | • Addressing systemic and historical inequalities. • Different treatment to achieve equal outcomes. • Example- Reservations and targeted welfare programs. |
Difference in India and USA
| Indian Constitution | US Constitution |
|---|---|
| • It is provided under Part III (Article-14) of the Constitution. | • It was not provided in original Constitution but added in the Bill of Rights by 14th Amendment. |
| • It follows both equality before law and equal protection of law. | • It follows both equality before law and equal protection of law. |
| • Qualified rights | • Absolute rights |
| • It provides for both civil-legal as well as socio-economic equality. | • It majorly emphasizes civil and legal equality. |
| • The Constitution explicitly provides for affirmative action under Article 15 & 16 like reservation in education and employment. | • The policies for affirmative action to address historical discrimination are subject to strict judicial scrutiny. |
Role of Judiciary
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- US: Brown v. Board of Education (1954) and Loving v. Virginia (1967)
- The Supreme Court declared it as a part of basic structure. (Keshavananda Bharati Case)
Doctrine of intelligible differentia
Article 14 forbids class legislation but allows for reasonable classification. In State of West Bengal v. Anwar Ali Sarkar (1952), Supreme Court stated twin test for this reasonable classification:
Ø It must be based on intelligible differentia.
Ø It must have a rational nexus with the objective to be achieved.
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