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2019•Journal of Emerging Technologies and Innovative ResearchRequires access

Right to Equality Before Law

Nishi Kant Vibhu

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Abstract

The concept of equality followed in Indian Constitution is egalitarian equality and not just formal equality concept. There is a difference between formal equality and egalitarian equality. Formal equality means that law treats everyone equal and does not favour anyone either because he belongs to the advantaged section of the society or to the disadvantaged section of the society. Egalitarian equality is proportional equality. Concept of proportional equality expects the states to take affirmative action in favour of disadvantaged section of the society within the framework of liberal democracy. Proportional equality is equality in fact whereas formal equality is equality in law. The article 14 provides equality before law and equal protection of the laws to any person within the territory of India. By bare reading, the terms equality before law and equal protection of the laws may seem similar but that is not the fact. The meaning of both these terms is different.

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What this paper is about

The concept of equality followed in Indian Constitution is egalitarian equality and not just formal equality concept. There is a difference between formal equality and egalitarian equality. Formal equality means that law treats everyone equal and does not favour anyone either because he belongs to the advantaged section of the society or to the disadvantaged section of the society. Egalitarian equality is proportional equality. Concept of proportional equality expects the states to take affirmative action in favour of disadvantaged section of the society within the framework of liberal democracy. Proportional equality is equality in fact whereas formal equality is equality in law. The article 14 provides equality before law and equal protection of the laws to any person within the territory of India. By bare reading, the terms equality before law and equal protection of the laws may seem similar but that is not the fact. The meaning of both these terms is different.

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Available abstract

The concept of equality followed in Indian Constitution is egalitarian equality and not just formal equality concept. There is a difference between formal equality and egalitarian equality. Formal equality means that law treats everyone equal and does not favour anyone either because he belongs to the advantaged section of the society or to the disadvantaged section of the society. Egalitarian equality is proportional equality. Concept of proportional equality expects the states to take affirmative action in favour of disadvantaged section of the society within the framework of liberal democracy. Proportional equality is equality in fact whereas formal equality is equality in law. The article 14 provides equality before law and equal protection of the laws to any person within the territory of India. By bare reading, the terms equality before law and equal protection of the laws may seem similar but that is not the fact. The meaning of both these terms is different.

Key concepts: Disadvantaged, Affirmative action, Section (typography), Constitution, Law, Gender equality, Social equality, Inequality

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