protection of the laws.” This fundamental right is available to citizens and foreigners alike. The
underlying principle is that people in similar situations should be treated alike, while those in dissimilar
situations should not be treated differently.
Baiju’s Exam Prep Series airs on Mondays at 8pm on BBC One Campus. The Knowledge Series is part of a
weekly lecture series at the University of Delhi.
Rule of Law and Right to Equality
The rule of law ensures government by law and not government by men. Nobody shall be made to suffer
in body or goods except when this individual has violated a law. Nobody should be made to suffer
except when this person has breached a law. Second, anybody can sue or be sued. Rule of law also talks
about the supremacy of law, which means law is supreme and every action should be based on the law.
Right against arbitrariness is intrinsic within the rule of law. Judicial institutions are there to protect
everyone, irrespective of their race, gender, or caste. Anybody can approach the court, irrespective of
their background.
Supremacy of Law and Equality Before Law
The law should govern everyone equally.
Property rights are given by court judgments.
The rule of law applies to the government and the ruler.
The power of the judiciary is crucial in preserving the supremacy of the law.
The law is not arbitrary and is based on reason.
Exceptions to Fundamental Rights
No one is above the law or has special privileges, though there are exceptions such as the president and
governor.
Equal protection by law is important, but not always possible, as complete equality is difficult.
Affirmative Action Policy
The state must ensure equality before law and equal protection of the laws for all.
The reservation policy is similar to affirmative action, providing extra opportunities for disadvantaged
sections of society.