JUSTITIA NEMINI NEGANDA EST

By Gautam Kumar

“Justice is to be denied to nobody” is what this Latin phrase means. It means that all persons
are granted their legal rights. Article 14 of The Indian constitution guarantees to every person the right to equality under and before the law. Every person, whatever his rank or position, is subject to the jurisdiction of the standard courts. It means no man is above the law which everyone, high or low, is subject to the standard law of the land. Prof. Dicey explaining the concept of legal equality said: “With us, every official, from the Prime Minister right down to a constable or collector of taxes, is under an equivalent responsibility for every Act avoided any legal justification as the other citizen. The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Every person is subject to the same law of the land irrespective of his race, religion, wealth, social status, or political influence. In India ‘equality before the law’ has a reflection of the English doctrine of ‘rule of law’, though it has a somewhat different meanings as compared to the latter. Once Justice Subba Rao stated that everyone is equal before the law, that no one can claim special privileges, and that all classes are equally subjected to the ordinary law of the land; the latter postulates equal protection of all alike in the same situation and under like circumstances. This maxim is further used in a Madras High Court case K.Kalimuthu Servai vs M.Balamani.

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