CHANGING DIMENSION OF EQUALITY IN PRESENT TIMES

Introduction

The concept of equality is not static and is dependent upon different factors and circumstances. This dynamic concept of equality is further supported by the interference of legislature and judiciary in recognizing these changing dimensions and inculcating them in the legislature of our country. This incorporation is done by the law-making body of our country to ensure equal opportunity and status to each citizen promised by the Constitution of India. 

The meaning of equality has slowly tried to eliminate arbitrariness in every aspect. It is not just understood in a particular aspect but is a mixture of all the aspects. Equality is not about treating everyone on a similar scale but treating a particular group of people on an equal footing. To understand and implement the concept of equality in society, the lawmaking body needs to understand and explore all the dimensions of equality. Equality can be attained from legal, social, economic, and political perspectives. It is important to secure equality in all spheres to attain the objectives laid down in the Preamble of the Indian Constitution.

 Various Dimensions of Equality

Equality can be better understood and implemented by studying its various dimensions. There are four major dimensions of equality. Different political theorists, scientists, and economists have favored different aspects of equality. Among which Harold Laski favored political and economic aspects of equality whereas Ernest Barker advocated for legal and social aspects of equality.

• Legal Dimension of Equality

The legal dimension of equality can be understood as the equality of every person in the eyes of law. It means that no person shall be discriminated by law on any grounds of caste, religion, race, sex, etc. Ernest Barker has believed in legal equality and has observed that whatever may be the conditions or differences, a person is always equal before the law.

It can be further stated that legal equality provides every individual a right to approach the judiciary to protect his rights and interests. Different characteristics constitute legal equality ensured by the legislature. It consists of equality before the law, equal protection of the law, equal opportunities to the underprivileged class, and the abolition of discrimination based on evasive criteria.

• Social Dimension of Equality

Social fairness can be perceived as an equivalent situation for each person in the general public. The need for social fairness emerged because of higher social disparities like unapproachability, based on religion, based on race, and so forth These disparities in the general public lead to various changes/fights for the annihilation of such friendly disasters from the general public. It was the firm conviction of numerous communists that these social imbalances can be taken out with the assistance of instruction and mindfulness in the general public.

Each country at a specific time frame has seen social imbalances and has revised its enactments in such a way to annihilate them. These enactments zeroed in on giving equivalent chances of training and work to carry them to an equivalent balance with others.

• Economic Dimension of Equality

Rousseau along with Harold Laski has favored the economic dimension of equality. Economic equality is often misunderstood as equal distribution of money among every section of society. Instead, economic equality the refers to providing equal opportunities to every section of the society to earn their livelihood. Rousseau in his book ‘The Social Contract’ has said that too much rich and too much poor both are dangerous for a country. If rich people are in greater numbers in the country then the economic concentration would lead to an increase in political power. It will eventually affect the political stability of the country. Therefore, it is essential to have both sections inappropriate manner.

The major characteristics of economic equality are equal opportunities to learn livelihood, equal wages for equal work, fixed hours of work, economic security, and fair distribution of wealth. It is clear from all the characteristics that the main aim for securing economic equality is to minimize the economic inequalities between the rich and poor.

• Political Dimension of Equality

An individual is said to have been provided with political equality when he has been provided with a right to participate in the matters of the State. The attainment of political equality is of at most importance in a democratic country. Every citizen should have his choice in electing the government that would represent them and works for their welfare.

The countries with dictatorship rule lack political equality which leaves them with no choice but to suffer every choice made by the government in power. Whereas a democratic country does not run the country alone but by providing equal opportunities to not just to elect the government but a chance to represent themselves as well. These political rights of a citizen include the right to vote, the right to elect, the right to criticize the government, the right to hold public office, the right to contest elections, and the right to form political parties.

• The Traditional Concept of Equality

Before the 1970s, the concept of equality was different from what it has developed today. Earlier, the equality guaranteed to every individual by the Constitution of India was measured on a different basis. The concept of reasonable classification under Art.14 of the Indian Constitution was solely based upon the twin test laid down by the court in the case of a state of West Bengal v. Anwar Ali Sarkar.

The Hon’ble apex court in the case of Kangsari Haldar & Anr. v. State of West Bengal, laid down that the twin test of reasonable classification has been overused ever since it has been laid down by the Supreme court of India. The court also expressed the need to change the approach determining the requirements of Art.14 in the actions of the State.