Question

Equality before the law is an important provision under the ‘Right to Equality’. However, it is not absolute in nature. Explain with examples.

Answer 1

Instructions: Explain that Equality before Law is not absolute in nature and justify the statement by citing examples of the President, Governors, MPs and Members of State Legislature and foreign diplomats.

Solution:

• Equality before Law is one of the important provisions under the Right to Equality.
• It ensures that all the people are equal before the law, and no one is above the law.
• However, Equality before Law is not absolute in nature which means that there are certain exceptions to it.

Exception to Equality before Law-

• The President of India and Governors of states are not answerable to any court for exercise or use of their powers and actions.
• No criminal proceeding can be started or continued against the President and Governor when they are in office.
• No process for the arrest or imprisonment of the President or Governor can be issued from any court when they are in office.
• No Member of Parliament shall be liable to any proceedings in any court for anything they say or any vote they cast in the Parliament.
• No member of the state legislature shall be liable to any proceedings in any court for anything they say or any vote they cast in the state legislature.
• Head of Foreign states, ambassadors and diplomats also enjoy immunity from any civil or criminal court proceedings.