Q. Consider the following statements:
1. The concept of ‘equality before law’ is of British origin while the concept of ‘equal protection of laws’ has been taken from the American Constitution.
2. Unlike the concept of ‘equality before law’, the ‘equal protection of laws’ advocates absence of special privileges in favour of any person.
3. Indian Constitution has rejected the concept of ‘equal protection of laws’ in favour of the concept of ‘equality before the law’.
How many of the above given statements is/ are correct?
Exp) Option a is the correct answer.
Statement 1 is correct: The expression ‘equality before law’ stems from the English Common Law (British) and the expression ‘equal protection of law’ stems from the American Constitution. The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist. While the concept of ‘equal protection of laws’ has been taken from the American Constitution.
Statement 2 is incorrect: The expression ‘equality before law’ is a negative concept as it implies an absence of special privileges that favour any individual. However, the expression ‘equal protection of law’ on the other hand, is a positive concept as it simply means that there should be equality of treatment of individuals in similar circumstances.
Statement 3 is incorrect: Indian Constitution has accepted both the concept of ‘equality before law’ and ‘equal protection of laws’ under Article 1
