Legal Article

Equality Before the Law: A Fundamental Tenet of Justice

Shivendra Pratap Singh


High Court Lucknow


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Published on: 31 Jul, 2023

The principle of “Equality before the law” is foundational to many democratic legal systems around the world. It emphasizes the impartiality of law and the absence of any special privilege in favor of individuals based on color, race, caste, religion, or gender. This concept upholds the Rule of Law and ensures that justice is accessible and the same for all.

1. Definition of Equality Before the Law:

“Equality before the law” implies that:

  • Every individual, irrespective of their socio-economic or political status, is subject to the same laws of justice within a jurisdiction.
  • No individual is above the law, including lawmakers, government officials, or the judiciary.

2. Origin & Historical Context:

The origins of “Equality before the law” can be traced back to ancient civilizations. It has roots in the Athenian democracy of ancient Greece and the Roman legal maxim “Impartiality is the life of justice.”

However, it was in the English common law system where the principle was more firmly entrenched. In modern times, it has become a standard feature of many constitutions worldwide, including the U.S. and India.

3. Importance & Implications:

  • Upholding Rule of Law: The principle of equality is an essential aspect of the rule of law. It ensures that the law’s application is consistent, predictable, and just.
  • Protecting Fundamental Rights: This principle acts as a safeguard against arbitrary discrimination. It ensures that individuals have equal protection under the law, reinforcing human rights.
  • Promotion of Fairness: It ensures that individuals have the same recourse to legal remedies and are judged by the same standards, regardless of their background.
  • Checks on Power: By stating that no one is above the law, it acts as a check against absolute power. It ensures that even the highest authorities in the land can be held accountable.

4. Practical Realities & Challenges:

  • De Facto Inequalities: While “Equality before the law” ensures equality at a formal level, there often remain practical inequalities. Economic disparities, limited access to legal resources, or systemic biases can create de facto inequalities in the justice system.
  • The Need for Positive Discrimination: To address historical or systemic injustices, some legal systems introduce measures like affirmative action or reservations. While these aim to achieve substantive equality, they often lead to debates about their fairness.

5. Equality before the Law in Different Jurisdictions:

  • United States: The 14th Amendment to the U.S. Constitution declares, “No State shall… deny to any person within its jurisdiction the equal protection of the laws.” This “Equal Protection Clause” is a cornerstone of American civil rights jurisprudence.
  • India: Article 14 of the Indian Constitution states, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” It ensures that every person, from the President to a common man, stands equal in the eyes of the law.
  • United Kingdom: While the UK doesn’t have a codified constitution, the principle is deeply embedded in its common law traditions. Modern statutes like the Equality Act 2010 further strive to ensure fairness and non-discrimination.

6. Conclusion:

“Equality before the law” is not just a legal principle but a reflection of the values that modern democracies hold dear. While its realization in practice can be complex and fraught with challenges, its importance as a guiding ideal remains undiminished. By continually striving for this equality, legal systems hope to ensure justice, fairness, and the protection of fundamental human rights.