Equal Protection Of The Law And Reasonable Classification

Article 14 states that

 

“The State shall not deny to any person equality before the law or the equal protection laws within the territory of India”.

 

The terms 'equality before the law' and 'equal protection of the laws' may appear to be interchangeable at first glance, but they actually mean different things.

 

Equality before the law is a term taken from English common law. Equality before the law is a somewhat negative concept in that it forbids the state from arbitrarily discriminating between individuals. It entails the absence of any special privileges in favour of any individual due to birth, creed, or other factors, as well as the equal submission of all classes to the ordinary law. It means that no one is above the law, and that everyone, regardless of rank or status, is subject to the same ordinary court jurisdiction. The concept of equality before the law is derived from Prof. Dicey's concept of 'Rule of Law.'

The American Constitution gave birth to the concept of equal protection under the law. It is a more positive concept that implies the right to equal treatment under the same conditions. It means that the law should be applied equally and fairly among equals, and that equals should be treated equally in terms of the privileges bestowed and the obligations imposed. There should be no discrimination between people who are in similar situations, and the law should apply equally to everyone. In other words, Article 14 ensures that all people are treated equally. A poor man, for example, cannot be expected to pay the same income tax as a wealthy man. However, people in similar income brackets pay the same tax, or all adults are equal and punished equally, but a child who commits murder cannot be punished the same way an adult who commits the same crime. Because an adult and a child are not equal, they should be treated differently.

 

This provision allows people to be classified as long as the classification is based on a "reasonable" basis. It enables people to be treated differently. People can be classified based on their socioeconomic status and educational attainment, for example. It allows for 'affirmative action' for the most vulnerable members of society, as well as different tax rates for different income groups. We strive for EQUITY, which is a goal much higher than equality, when people in similar circumstances/equals are treated equally and those in different circumstances/unequals are treated unequally.

 

Absolute equality, in which everyone is treated equally, entails turning a blind eye to the social and educational disparities that already exist in society. The right to equality does not imply that everyone is treated equally regardless of their circumstances. In fact, treating everyone the same way is a violation of the right to equality. A classification can be used to determine which two groups should be treated unequally. Any classification should be based on sound reasoning.

 

For example, a distinction can be made between teachers who have received training and those who have not. This classification was created in order to apply any monetary benefits to qualified teachers. A classification that distinguishes physically challenged people from non-disabled people in order to grant them certain rights.

 

Classification should not be construed as a form of discrimination. A law that applies only to a specific person or group of people is known as class legislation. For example, if a law classifies people solely based on their religion, race, or gender, it is unreasonable and violates the right to equality.

 

If two groups of people are classified on a reasonable basis, the legislature can treat them differently. In order to be reasonable, a classification must be based on discernible differences. This means that when people or things are grouped together, they form a well-defined, distinct class that can be distinguished from those who aren't. Furthermore, this basis of classification should have a logical connection to the goals that the legislation is intended to achieve.

 

The maternity benefit law, for example, only applies to working women on their way to becoming mothers.

 

Because the purpose of the maternity benefit law is to provide special benefits to women who become mothers when they are in need. As a result, the classification of men and women is based on a discernible difference.

 

Another example would be tax laws. Certain classes of property may be classified for the purpose of taxing or not taxing them. Certain taxes are exempted for charities and libraries, but not for other properties.

 

Let's wrap things up now.

• Equality before the law implies that there is no discrimination.

• Equal protection under the law refers to how people are treated in similar situations.

• Reasonable classification is allowed in order to achieve equity.

• Classification that is reasonable should not be equated to class legislation.