Examine the distinct notion of equality in the Constitution of the USA & India.

Article 14 of Indian Constitution provides for right to equality. Article 14 Both: L i equality before law (British system) L ii equal protection of law (American system) Distinct Notions: i Equality before law: a Absence of any special privilege in favour of any person. b Equal subjugation of all persons to ordinary law enforced by ordinary Court for eg: Rich or poor committing crime like illegal trafficking of wildlife will be tried alike under wildlife Protect Act 1972. c No person (rich, poor, high low) is above the law.

It is even applicable on officials implementing it. Eg: Recent case of Sameer Wankhede questioned by CBI for alleged corruption. b Equal protection of law: a Equality of treatment under equal circumstances both in privileges & liabilities imposed by law. for eg: SC, ST are historically deprived Community, they are not equal to upper castes in social and educational field. So 6oth Article 15(4), 16(4) provides reservation in education and employment to SC, STs. b Similar application of same laws to persons who are similarly situated. Eg: All the women, no matter in which organization they work enjoy maternity benefit during pregnancy, and men do not get such benefit.

c Like should be treated alike without discrimination. E) Equality before law is negative concept and equal protection of law is a positive concept. H) However, both aspire to establish equality of legal status, opportunity & justice. L) SC held that where equals and unequals are treated differently, Article 14 does not apply. O) Article 14 forbids class legislation but it permits reasonable classification based on intelligible differential and "substantial distinction" eg: Various tax slabs for different income, India adopted unique combination of both notions of equality to cater to its unique need among vast socio-cultural diversity.