Right to Equality

Concept

Equality before the law means the State must treat people in similar situations alike and may not act arbitrarily.

The courts allow reasonable classification, where people are grouped differently, as long as the grouping rests on a real difference and is connected to the purpose of the law. Over time, the idea grew to treat any arbitrary State action as a violation of equality.

Case laws

E.P. Royappa v. State of Tamil Nadu

AIR 1974 SC 555, Supreme Court of India, 1974

The Court described equality as a dynamic concept and held that arbitrary action is the opposite of equality, so arbitrariness in State action breaks the guarantee of equality.

Maneka Gandhi v. Union of India

AIR 1978 SC 597, Supreme Court of India, 1978

The Court held that any procedure depriving a person of personal liberty must be fair, just and reasonable, and linked the rights to equality, freedoms and life and liberty so that they are read together.