Equality Before Law

                                                 

Introduction

The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law.

Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law. 

Article 14

The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth."

In article 14 there two approaches which include negative as well as positive. Prohibition of un-equal treatment should be stopped and demanding of equal treatment should be practice.

Equal protection of law

This concept is derived from America and its basic principal is "no universally applicable". Lets study have an example the are 5 children in  the family there ages are different they all need food, education, clothes etc. The point which i wanted to clear that all may be hungry at the same time but quantity of food can't be equal. Expenses on their education not be same because their ages are different. Their must be reasonable classification which always followed by public welfare.

There two test intelligible diffrentia and rational nexus guided in State of Bombay v. F.N. Balsara AIR 1951 SC 318

"Equality is dynamic concept, it cannot be cribbed, cabined with confined with traditional limits"

in E.P. Royappa v. State of Tamil Nadu AIR SC 555.

In Maneka Gandhi v. Union Of India AIR 1978 SC 597 interpreted the rule of law will include the principal of natural justice. Reasonableness is an essential element of equality or non-arbitrariness.

Conclusion

Everyone is equal before law there must be no discrimination on the ground of race, religion, sex, color, or place of birth. Right to equality provides powers to its residents. Thus discrimination cannot be practiced amongst those who are placed in similar, that amounts to violation of equality before the law.