Question

Q. The concept of ‘equality before the law’ in the Indian constitution, connotes:

Select the correct answer using the code given below:

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1, 2 and 3
• D. 1 and 3 only

Answer 1

The correct option is D 1 and 3 only

Explanation:

As per Article 14, the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The concept of ‘equality before the law’ is of British origin while the concept of ‘equal protection of laws’ has been taken from the American constitution. ‘Equality before the law’ is a negative concept and ‘equal protection of laws’ is a positive concept. Equal protection of laws gives scope for intervention of the State from the side of the vulnerable sections to ensure justice.

Statement 1 is correct: The concept of ‘equality before the law’ connotes the absence of any special privileges in favour of any person.

Statement 2 is incorrect: It is not the concept of ‘equality before the law’ but the concept of ‘equal protection of laws’ that connotes:

1. The equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws.
2. The similar application of the same laws to all persons who are similarly situated, and
3. The like should be treated alike without any discrimination.

Statement 3 is correct: The concept of ‘equality before the law’ also connotes that all persons are equally subjected to the ordinary law of the land administered by ordinary law courts, and also no person is above the law. Hence, ensuring the ‘rule of law’.