Equal protection of the laws This expression is used in the Fourteenth Amendment of the Constitution of the United States of America and in Art. 14 of Constitution of India. There does not seem to be any substantial difference between this doctrine and that of equality before the law for practical purposes. However, some attempt has been made to distinguish between them. Equality before the law is a negative concept, while equal protection of the laws is positive one. The former declares (i) that everyone is equal before the law, (ii) that none can claim special privileges, (iii) that all classes are equally subjected to the ordinary law of the land. The latter postulates an equal protection of all alike in the same situation and under like circumstances. |