EXTENT OF EQUALITY IN MODERN STATES
Modern States in general recognize civil equality. No man is above the law, and no man is punishable except according to law. The equality of citizens before law is secured above all by judicial impartiality; this in turn is soughe to be secured by the independence of the Judiciary. 'There are some apparent exceptions and limitations to equality before law, but, as will be seen later, the exceptions are generally justified by public considerations. the exceptions are:
In some States, like France, there are special courts for the trial of government servants for mistakes committed in the discharge of their official duties.
Even in States where there is no regular system of administrative jurisprudence and the 'rule of law' prevails, as in Britain, a new type of administrative court has been coming into existence to meet some felt need.
The State itself, as a collective entity, is not liable in tort, on the principle that the State itself can do no wrong.
The one great practical limitation to equality before law arises from disparity in income, which is so marked a feature of modern economic life. Inequality of wealth reacts on civil equality; the richer man is obviously in a better position to meet the expenses incidental to successful litigation, e.g. engaging competent counsel. Truly, as Laski says, there seems to be one law for the rich and another for the poor whenever the preparation of a defence is an item of importance in the case. It is, however, difficult to see how this defect can be removed so long as there are inequalities in the distribution of wealth and so long as better remuneration can command better talent, though obviously it can be mitigated by a reduction in the disparity of incomes.
The exceptions and limitations (both legal and practical) are more marked in the political sphere. Political equality demands adult suffrage, the equal right of all adults to stand as candidates for election and equal eligibility to government office.
In some States (Switzerland, for instance) women are not given the right to vote. Where adult suffrage prevails, this inequality obviously does not exist. The exclusion of minors, lunatics, and criminals is clearly reasonable.
Plural voting (recognized, for instance, until 1948 in Britain) is another infringement of the principle of political equality. Thus an elector had the right to vote in one constituency as a resident and in another as an occupier of land or business premises; or an elector might have a second vote as the holder of a university degree. In India under the Government of India Act, 1935, an elector could vote in a territorial constituency, as a member of a recognized Chamber of Commerce and in a university constituency. Plural voting is, however, the exception rather than the rule.
In India political rights, under the Government of India Act, 1935, were conditional on the possession of a prescribed amount of property, the payment of tax, or the possession of a prescribed educational qualification. One of the main reasons for prescribing such qualifications was the administrative difficulty of managing the large electorate which would result from the introduction of adult suffrage.
Elsewhere, e.g. South Africa and some of the states in the U.S.A., certain national and racial groups, like people of Indian origin and Negroes, are not given equal political rights with the so-called 'true' nationals.
In some States a higher age qualification is prescribed for membership of legislative bodies; for instance, in the U.S.A., only those who are over 25 years old can stand for election to the House of Representatives; in India also it is laid down that a person shall not be qualified to be chosen to fill a seat in Parliament unless he is, in the Council of States, not less than thirty years of age, and in the case of a seat in the House of the People not less than twenty-five years of age. This restriction, in so far as it is based on a natural inequality, cannot be considered unjust.
In Britain the right of hereditary peers to be members of the second chamber is a relic of political privilege; it may, how-ever, be argued that the second chamber is no longer a purely hereditary one on account of the addition to it of life peers and peeresses under the Life Peerages Act, 1958 and because it has been rendered innocuous by the reduction of its political powers.
The inequalities recognized by law apart, there is one considerable factor which results in the unequal influence exercised by citizens on their Government,viz. money-power in politics. This influence may be traced in (a) the corruption of members of Legislatures, administrative officials and judges; (b) elections; and (c) the practice of lobbying, i.e. bringing influence to bear on members of Legislatures to vote for or against a bill. Money-power is especially formidable because it works secretly.
And, finally, economic equality, Here the disparity is most marked. It is true that every State has been attempting in varying degrees, especially by the application of the progressive principle in taxation and by social legislation, to reduce economic inequalities. Nevertheless, great inequalities still continue. For example, it has been calculated that in India (in 1955-56 to 1956-57) 95.3% of households are in the income group Rs 0-3000, 4.5% in the group Rs 3001-25000 and 0.2% in the group Rs 25001 and above; in Britain, the actual number of incomes in the different income groups is estimated as follows: (1957-58)
In the United States one-tenth of the incomes were below $ 1400 in 1947 to 1960 while the top income-receivers (one-tenth of the income-receivers) received over $ 10,510 per year.