What is the difference between equality before law and equal protection of laws?

Both of these differ subjectively. Equality before law means that no one is above the law of the land. Thus, privileged, underprivileged and unprivileged are equal before law. Equal protection of law means that law provides equal opportunities to all those who are in similar circumstances or situations.

What do you mean by equality before law or equal protection of laws explains with the help of leading cases?

Equality before the law is a declaration of equality of all persons within the territory of India, implying thereby the absence of any special privilege in favour of any individual. [ii] Article 14 of the constitution is both a negative and positive right.

What provides for equality before law and equal protection of the law?

Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It 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.”

What does it mean by equal protection of the laws?

Overview. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

What is equal protection of law in the Philippines?

The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. It is not intended to prohibit legislation which is limited either in the object to which it is directed or by territory within which it is to operate.

What is an example of equality before the law?

We receive benefits under the law in our daily lives, even where those benefits are not provided directly by the state. For example, when we apply for a job, the opportunity to be considered for that job is a benefit, and we have the right to be considered on an equal basis to everyone else who applies.

What is meant equality before law?

Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law.

Why equality before law is negative and equal protection of law is positive?

But the equal protection of law is American concept and it is more positive concept as it implies equality of treatment in equal circumstances. The equality before law is not absolute as there are number of exceptions. It means application of same laws alike and without discrimination to all persons similarly situated.

What is the equal protection clause of the Philippine Constitution?

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III. Official Gazette of the Republic of the Philippines.

What is meant by equality before the law in India?

According to Article 14, “The State shall not deny to any person equality before the law or the equal protection laws within the territory of India”. Prima facie, the terms ‘equality before the law’ and ‘equal protection of the laws’ may seem to be identical, but, in fact, they mean different things.

What is the difference between ‘equality before law’ and ‘Equal Protection of law’?

Secondly, the most important distinction as observed by many Legal commentators is that ‘Equality before law’ is a negative concept whereas ‘Equal protection of law’ is a positive concept.

What is the right to equality?

The Right to Equality has been recognized in various international charters and by many countries. For e.g., Article 7 of the Universal Declaration of Human Rights, 1948 recognizes that all are equal before the law and are entitled to equal protection of law.

What is equal protection of law under Article 14?

Equal Protection of law says that “Likes should be treated alike.” and similar application of laws to persons similarly situated and equality of tr Article 14 says that State shall not deny any person Equality before law and Equal Protection of law within the territory of India.