explain the write of equality in detail
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Answer:
The Constitution of India codifies the fundamental rights- the basic human rights of its citizens which are defined in Part III of the Constitution. One such right is the right to equality which is protected under articles 14 to 18. Article 14 is the most significant of the lot. This deals with the general principles of equality. All the situations not covered under 15 to18 are covered under this.
Article 14 of the constitution states that:
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
This means that every person, who lives within territory of India, has the equal right before the law. That equals will be treated equally.
This article constitutes of 2 parts, being:
1. Equality before law and
2. Equal protection of the laws.
Although both sound similar, they don’t mean the same. The word “Law” in the former expression is used in a genuine sense – a philosophical sense, whereas the word “Laws” in the latter expression denotes specific laws in force.
Equality before the law talks about equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts and is a negative concept as implies the absence of any privilege in favor of any individual and equal subjection of all classes to the ordinary law. Whereas, equal protection of the laws is a Positive Concept as it implies equality of treatment in equal circumstances both in privileges conferred and liabilities imposed. So, all the persons must be treated alike on reasonable classification. Among equals law should be equal and equally administered. The guarantee of equal protection applies against substantive as well as procedural law