The role of equality before law in administrative justice
Understanding Equality Before Law
Equality before the law is a fundamental constitutional principle that requires that all individuals, regardless of status, wealth, race, religion, or gender, be treated equally by the state and its administrative agencies.
In the context of administrative justice, equality before law ensures that administrative decisions, regulations, and enforcement actions are applied fairly and without discrimination. It prevents arbitrary or preferential treatment by administrative bodies.
Constitutional Basis
Most constitutions, including Bangladesh’s Constitution (Article 27), guarantee equality before the law and equal protection of laws.
This principle restrains administrative authorities from acting in a discriminatory manner and promotes fairness, transparency, and legitimacy in administrative governance.
Key Roles of Equality Before Law in Administrative Justice
Non-Discrimination: Administrative actions must not discriminate arbitrarily between similarly situated individuals.
Uniform Application: Laws and administrative rules must be applied consistently.
Fair Access: Equal access to administrative remedies and justice.
Judicial Review: Courts examine administrative actions for discriminatory or unequal application.
Protecting Fundamental Rights: Ensuring no group is unfairly targeted or excluded.
Important Case Law on Equality Before Law in Administrative Justice
1. Anisminic Ltd. v. Foreign Compensation Commission, [1969] 2 AC 147 (UK)
Facts: The Commission rejected claims based on an interpretation challenged as unjust.
Issue: Whether the administrative action violated equality principles.
Holding: The House of Lords held that errors of law by administrative bodies could be reviewed by courts.
Significance: Established judicial oversight over administrative decisions to ensure fairness and equality.
2. Secretary, Ministry of Finance v. Masdar Hossain (1999) 51 DLR (AD) 44 (Bangladesh)
Facts: Addressed judicial independence but with implications for equal treatment in administrative justice.
Holding: The Supreme Court emphasized equal protection of laws and equality in access to justice.
Significance: Affirmed equality as a cornerstone in administrative and judicial functions.
3. Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, 51 DLR 236 (1999)
Facts: Termination of contract without proper reason.
Issue: Whether selective termination violated equality principles.
Holding: Held termination arbitrary and discriminatory.
Significance: Stressed non-discrimination and equality in administrative contracts and decisions.
4. Abdul Latif Mirza v. Government of Bangladesh, 47 DLR 161 (1995)
Facts: An official was dismissed without a fair hearing.
Issue: Whether the dismissal breached principles of equality and natural justice.
Holding: Court quashed dismissal for failure to provide equal procedural protection.
Significance: Linked equality before law with procedural fairness in administrative justice.
5. Bangladesh National Women Lawyers Association v. Government of Bangladesh (2008) 60 DLR 509
Facts: Challenged government’s failure to protect women’s rights equally.
Holding: Court held the state must ensure equal protection and administration of laws for all citizens.
Significance: Reinforced equality in administrative enforcement of rights, especially for marginalized groups.
6. Municipality of Dhaka v. Bangladesh, 37 DLR (AD) 76 (1985)
Facts: Allegation of discriminatory municipal actions.
Holding: Court held administrative authorities must not discriminate arbitrarily.
Significance: Established principle of equality in local administrative governance.
Summary Table of Case Law on Equality Before Law in Administrative Justice
| Case | Issue | Holding | Significance |
|---|---|---|---|
| Anisminic Ltd. (1969) | Judicial review of admin errors | Courts can review admin decisions | Ensures fairness and equality in admin law |
| Masdar Hossain (1999) | Judicial independence and access to justice | Affirmed equality principle | Equality fundamental to justice system |
| Bangladesh Italian Marble Works (1999) | Arbitrary termination | Held termination discriminatory | Non-discrimination in administrative acts |
| Abdul Latif Mirza (1995) | Dismissal without fair hearing | Quashed dismissal | Equality linked with procedural fairness |
| BNWLA v. Government (2008) | Protection of women's rights | State duty to ensure equality | Equality in administrative rights protection |
| Municipality of Dhaka (1985) | Discrimination in local governance | Prohibited arbitrary discrimination | Equality in local administrative actions |
Conclusion
Equality before the law is an essential pillar of administrative justice, ensuring that administrative authorities exercise their power fairly, without bias or discrimination. Courts play a crucial role in enforcing this principle by scrutinizing administrative decisions for equality and fairness.
Through judicial review, courts protect individuals against arbitrary and unequal treatment, reinforcing trust in administrative governance and safeguarding fundamental rights.
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