The concept of 'equality before law' is an element of the concept of 'rule of law' propounded by A V Dicey the British jurist. This concept has the following three elements or aspects:
- Absence of arbitrary power that is no man can be punished except for breach of law.
- Equality before the law., that is, equal subjection of all citizens (rich or poor higher law official or non official) to the ordinary law of the land administered by the ordinary law Courts.
- The Primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights.
The first and the second element are applicable to the Indian system and not the third one in the Indian system, the constitution is the source of the individual rights.
The supreme court held that the rules of law as embodied in Article 14 is 'basic features' of the constitution hence it cannot be destroyed even by an amendment. Article 14 says that the state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
