Equality in itself is one of the most complex topics. What may be equality
for one may be discrimination for others.
defined Equality as a facet of justice. It is an obligation of
the State to treat all the people equally. It was in the 19th Century that
equality took shape as a legal mandate.
In the Gulf Case, equality was confined to racial discrimination only but later
it was applied to all economic, social, and regulatory actions of the state.
State actions cannot run contrary to the rule of equality.
In India, Articles 14, 15, and 16 were enacted to translate the Doctrine of
into a specific legal mandate against the state and its actions.
But these apply only to the state and all private actions are out of their
purview. However, it must be noted that in England and USA, private actions are
also covered under the ambit of the Rule of Equality.
of the Constitution gives the right to be treated equally and
imposes a specific mandatory obligation on the state to not cause
It is the duty of the Government to imply the rule of Equality in all its
actions that affect the liberty of the people. However, the rule of equality is
not literally interpreted and the state is allowed to make justified
discrimination. There exists an obligation on the state to treat the unequal
people differently. The government sought to classify people in a way that is in
nexus to the object sought to be achieved.
It was in Anor Ali Sarkar's Case
, that the Classification test was
introduced in India. Justice Bhagwati and Justice Chandrachud have given
remarkable opinions in this regard.
In conclusion, equality is not completely justifiable in any manner. People can
interpret it in various ways and the judiciary has played a major role in
affecting the views of the people.
Award Winning Article Is Written By: Ms.Tamanna Pasi
Authentication No: NV231260628374-8-1122
Please Drop Your Comments