1) This term Equality before Law (EBL) & Equal Protection of Law (EPL) is found in almost all written Constitutions. Also in Universal declaration of Human rights.
2) Equality before Law (EBL) & Equal Protection of Law (EPL) means Equality of status ,Equal justice is common in both.
3) But, Equality before Law (EBL) does not mean absolute equality.
4) Equality before Law (EBL) is rule of law as called by Prof. Dicey. i.e. No man is above the law & every person is subject to Jurisdiction of ordinary courts.
5) Prof. Dicey gave three meanings to rule of Law:
a. absence of arbitrary power i.e. supremacy of law ; man is punished for breach of law & nothing else.
b. Constitution is the result of ordinary law of the land and not in Independent as Fundamental Rights are in Constitution.
c. Equality before Law (EBL) means no one is above law.
6) Equal Protection of Law (EPL) is there should be no discrimination between one person and another, while applying equal law.
Protection of Under Art. 14 extends to both citizen & non-citizen
7) Exception to Rule of law -
a. Powers of private citizen are not same as public officials.
b. Does not prevent certain clauses of persons being subject to special rules.
e.g. Armed forces controlled by military law.
Art-361 President & Governor not answerable to any court when performing Duties.
8) In case Chiranjit Lal vs UOI it was held varying needs of different classes What Art. 14 prohibits is class legislation and not reasonable classification
limitation of Art. 14 :
In case, Sanjeev coke Mfg. vs Bharat Coking coal Ltd Supreme Court held that where Art. 31C comes in, Art. 14 goes out.
Art. 359(1) under proclamation of emergency. only Art. 20 & 21 are safeguarded
In case, E.P. Royappa vs St. of Tamil Nadu "Doctrine of arbitrariness established equality is antithetical to arbitrariness. Any arbitrary state action violates Art. 14"
In Maneka Gandhi vs UOI, scope of Art- 14, 19 & 21 expanded and held that laws must be fair, just & reasonable.