All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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26.

While interpreting the phrase “equality before the law” contained in Article 14 of the Constitution, the Supreme Court constantly maintained that equality means :

A: Absolute equality among human beings
B: Equal treatment to all persons
C: Among equals, the law should be equal and should be equal and should be equally administered
D: Both (B) & (C)

The answer is: C

Explanation

The correct option is C: Among equals, the law should be equal and should be equally administered.

This means that the law should not discriminate between people who are in similar situations or circumstances, and should apply the same rules and principles to them. This is also known as the principle of reasonable classification, which allows the state to make distinctions between different groups of people, as long as there is a rational basis for doing so and it is not arbitrary or unjustified. 

For example, the state can provide reservations for certain categories of people, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes, in public employment and education, as a measure of affirmative action to uplift them from historical and social disadvantages. This does not violate Article 14, because there is a reasonable classification based on intelligible differentia (the backwardness of these groups) and a rational nexus with the objective of the law (the promotion of social justice and equality).

However, the state cannot deny equal protection of laws to any person on the grounds of religion, race, caste, sex, or place of birth. This would amount to class legislation, which is prohibited by Article 14. Class legislation is when the law creates an unreasonable or arbitrary distinction between people who are otherwise similarly situated, and confers privileges or imposes disabilities on them without any valid reason. 

For example, the state cannot impose a tax on Hindus only, or prohibit women from entering certain temples, or deny citizenship to people born in a particular region. These would be examples of class legislation that violate Article 14, because there is no reasonable classification or rational nexus with the purpose of the law, and they are based on irrelevant or discriminatory factors.

Therefore, equality before the law does not mean absolute equality among human beings (option A), which is impossible to achieve in a diverse and complex society.

It also does not mean equal treatment to all persons (option B), which would ignore the differences and inequalities that exist among people and require uniformity in all situations.

It means that among equals, the law should be equal and should be equally administered (option C), which ensures that there is no discrimination or arbitrariness in the application of laws to people who are in similar circumstances or conditions.

Option D is incorrect because it combines option B and option C, which are contradictory to each other.