Difference between Equality before law and Equal protection of law -ForumIAS Blog

Contents

1 Introduction
2 Right to equality
3 Differences between Equality before law and Equal protection of law
4 Equality before law
5 Equal protection of law

Introduction

Provisions related to Fundamental Rights (FRs) are enshrined in Part III of our Constitution from Article 12 till Article 35. We have six Fundamental Rights in totality i.e. from Article 12 – Article 32, namely

Right to equality (Articles 14–18)
Right to freedom (Articles 19–22)
Right against exploitation (Articles 23–24)
Right to freedom of religion (Articles 25–28)
Cultural and educational rights (Articles 29–30)
Right to constitutional remedies (Article 32)

Right to equality

Article 14 says that the state shall not deny to any person equality before law or equal protection of laws within the territory of India.

This right is guaranteed to both citizens and foreigners.
Right to equality consists of two parts:
1. Equality before law
2. Equal protection of laws

Differences between Equality before law and Equal protection of law

In this table below we shall discuss about the differences between Equality before law and Equal protection of law.

Equality before law	Equal protection of law
1. Concept is of British origin	1. Concept borrowed from American Constitution
2. It states that no person (whether rich, poor, high or low) is above law	2. It states that the like should be treated alike without any discrimination.
3. Absence of any special privileges in favor of any person.	3. Equality of treatment under equal circumstances (both in privileges conferred and liabilities imposed by the laws. Thus, it implies that govt can take affirmative action (reservation) in favor of weaker sections of society.
4. Equal subjection of all persons to the ordinary law of the land administered by ordinary law courts	4. Similar application of the same laws to all persons who are similarly situated
5. It is a negative concept as it restricts state from engaging in any arbitrary discrimination between individuals.	5. It is a positive concept as it puts a positive obligation on the state to prevent the violation of rights.

Despite the existence of differences between the concepts of equality before law and equal protection of laws, both of them aim at establishing equality of legal status, opportunity and justice.

Here is an image that summarizes what we have discussed above in a clear manner.