Skip to main content

Equality before law

 Article 14 of the Indian Constitution deal with the equality before law & equal protection of law inspired by 14th amendment in the Indian Constitution. The principle of article 14 is rule of law & natural justice in the Indian Constitution. Equality before law means that law is supreme in the country & equality among the citizen of the country. The idea of maintaining equality among all the citizens does not allow anyone to stand above the law. The concept of equality before law borrowed from the constitution of  United states of America. Article 14 of the Indian constitution stated that state shall not deny to any person equality before the law or equal protection of law  within the territory of India. Equality before law is available to Indian citizens, legal person including corporation, foreign nationals excluding enemy aliens within the territory of India. The equal protection of law has certain exception in the state are President of India, Prime Minister, State Governor, Judges, Foreign Diplomats, etc, are not under the ambit of article 14 and considered as exception in the law who enjoys immunities, protections & special privileges. 

The principle of equality before law originates from the doctrine of Rule of Law by Professor Dicey. There are three implications of the doctrine of rule of law. Firstly there is supremacy of law which means no one is above law and absence of arbitrary law which is unfair to the citizen of a country. No one shall be punished except for the breach of law. Secondly, there shall be equality before law which implies equality among all the citizen and citizen have equal reach to the court of law. Thirdly, right of the individual shall be secured by the Constitution. 

in Secretary, Haryana State Electricity Board V. Suresh (1999) the court observed that it is not a literal interpretation of “equality before law” but a concept of real & substansive equality on the ground of social, economic difference that arises inequality in the society. The equality before law means there is no discrimination or favoritism and state shall secure the rights and privileges of the citizen in the country. In Chiranjitlal V. Union of India (1951) the court held that equal protection of law means right to be treated equally in similar circumstances both in the privileges conferred to the citizen as well as liabilities imposed by the law. 

Article 14 of the Indian Constitution may be suspended in the case of National emergency under article 359 of the Indian Constitution. During National emergency, President & Governor are immune from criminal & civil liabilities, which means they are not accountable to any court for the performance & exercise of the power & duties of the office. Certain members of the society are governed bt special rules in their profession i.e. lawyers, doctors, nurses, member of armed force & police. Such classes of people are treated differently from ordinary citizens. The rule of law does not prevent a certain class of person being subject to special rules. Member of parliament & state legislature are not liable with respect to anything done or said within the house. Foreign diplomats are immune from jurisdiction of courts in India. 


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti