Are All People Really Equal?

Most constitutions across the world open with moral certainty: “We the people”, “all men are created equal”, equal protection under the law. These phrases sound reassuring and morally unassailable. They are meant to signal a break from feudalism, monarchy, caste, race, and inherited privilege. But when measured against lived reality, they often ring hollow. The uncomfortable truth is that people are not treated equally, and in many societies, some are demonstrably “more equal” than others. The constitutional equality is largely aspirational, not descriptive.

I have spent most of my life in India and the United States, countries that proudly describe themselves as the largest and oldest democracies, respectively. Both claim to be governed by the rule of law. Yet both offer striking examples of how constitutional ideals collapse under the weight of power, wealth, privilege, and political expediency.

Equality on Paper, Inequality in Practice

Both the Constitution of India (Article 14) and the United States Constitution (via the Equal Protection Clause) promise equality before the law. However, these promises are routinely undermined by explicit, legally sanctioned exceptions that place certain individuals above ordinary accountability.

Blanket immunities granted to diplomats, senior bureaucrats, and heads of state are a clear reminder that the law does not apply uniformly. While such protections are often justified as necessary for institutional stability or effective governance, they nonetheless contradict the foundational claim that all people are equal before the law.

A particularly troubling example is presidential immunity in the United States, as interpreted by the Supreme Court of the United States. This doctrine allows a sitting President to be shielded from criminal prosecution for actions taken while in office, conduct that would lead to immediate investigation or prosecution if committed by any ordinary citizen. Whatever the legal rationale, the implication is stark: the same act is treated differently depending on who commits it. This creates a reality where the legality of an action depends not on the act itself, but on the office of the person committing it. No ordinary citizen enjoys this privilege. No teacher, nurse, immigrant, or factory worker can invoke “official capacity” as a defense against criminal prosecution. This is not equality; it is hierarchical citizenship.

Wealth, Power, and Legal Manipulation

Beyond formal immunity, wealth and power themselves function as informal shields.

In India, the problem is especially visible. Inequality before the law is not merely theoretical; it is statistically documented.

According to data published by the Association for Democratic Reforms (ADR):

• Over 40% of Members of Parliament in recent Lok Sabhas have declared criminal cases against themselves.

• A significant subset face serious charges, including rape, murder, kidnapping, and crimes against women.

• Despite this, many of these individuals are repeatedly elected, promoted to ministerial positions, and publicly celebrated.

Even more revealing is the financial data. Numerous politicians show exponential increases in personal wealth within a few years of entering public office, growth rates that far exceed any legitimate business or professional benchmark. Investigations are rare, convictions rarer still. This is not speculation; it is observable, widely discussed, and yet largely tolerated. Corruption among politicians and senior government officials is so normalized that it rarely shocks anymore. Even individuals accused, or convicted, of heinous crimes such as rape or murder can enjoy public adulation, electoral success, and cult-like followings. In India, criminal allegations are no longer political disqualifiers; they are often political credentials.

This is deeply disturbing in a society that claims moral superiority through reverence for women, tradition, and even inanimate objects. When convicted criminals are celebrated, and victims are dismissed or silenced, it exposes a profound moral and institutional failure, one that places power and identity above human life and dignity.

In the United States, the dynamics are subtler but no less real. The wealthy and politically connected are not entirely immune from scrutiny, but they are often insulated from its consequences. Access to elite legal representation, political influence, and financial leverage dramatically alters outcomes, whether in regulatory enforcement, criminal accountability, or civil liability. Justice may eventually arrive, but it often does so slowly, selectively, and unevenly.

The Myth of Equal Citizenship

The repeated assertion that “all people are created equal” survives largely because it is rhetorically powerful, not because it is empirically true. In reality:

• Power determines accountability: Justice depends on who you are, not what you did

• Wealth determines access to justice: The poor are punished quickly, the powerful are judged slowly, or not at all

• Status determines how laws are interpreted and enforced

The Counterargument: “Equality Means Equal Laws, Not Equal Outcomes”

Defenders of the status quo often argue:

“Equality does not mean everyone is treated the same. Immunities and privileges exist to protect institutions, not individuals. Presidents, diplomats, and ministers need safeguards to function effectively.”

At first glance, this sounds reasonable. But it collapses under scrutiny.

Why This Argument Fails

1. Institutional protection has become personal immunity
   What begins as functional protection quickly turns into personal insulation from consequences, especially when oversight mechanisms are weak or politically compromised.

2. Power already comes with advantages
   High office already provides access to information, influence, resources, and elite legal defense. Adding blanket immunity compounds inequality rather than balancing it.

3. No meaningful accountability substitutes exist
   Impeachment, internal ethics committees, or electoral consequences are neither swift nor reliable. In practice, they often fail precisely when accountability is most needed.

4. Equality loses meaning when exceptions become permanent
   If the law bends for the powerful as a rule rather than an exception, equality ceases to be a principle; it becomes a slogan.

This does not mean constitutional ideals are meaningless, but it does mean they are aspirational rather than descriptive. The real problem is that we treat aspirations as achievements. Treating them as accomplished facts instead of unfinished goals allows inequality to persist unchallenged.

Constitutional equality was never meant to be self-executing. True equality requires more than elegant constitutional language. It demands limits on immunity, transparency in political finance and process, real consequences for corruption, and a justice system that works for all and does not bend under pressure from money or office. Instead, societies have grown comfortable confusing aspirational language with lived reality. The claim that “all people are created equal” is not just inaccurate; it is misleading.

Constitutions do not fail because they promise equality. They fail when societies pretend the promise has already been fulfilled. Until power no longer shields corruption and criminality, wealth no longer buys delay and accountability, and the most vulnerable are at the mercy of some good individuals rather than reliable institutions, equality before the law will remain what it largely is today in both India and the United States: a noble idea, honored more in rhetoric than in reality.

Thank you for reading, and please share your views on this topic. 

© Vinay Thakur, All rights reserved. Vinay can be reached at thevinay2022@gmail.com