QUES . Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. UPSC 2021 GS MAINS PAPER 2

HINTS:

Both India and the USA are culturally pluralistic societies, have democratic form of government and similar judicial systems. Both the countries have Right to Equality in their constitutions but they have different interpretation of the notion of Right to Equality.

In United States Right to Equality was not included in their original constitution and it was inserted in the Bill of Rights through fourteenth Amendment in year 1868. On the other hand in India, the Constituent assembly included this right in the constitution at the initial level by inserting it in Chapter III that is as “Fundamental Right”.

Must read: Right of movement and residence

In USA Right to Equality is related with the concept of ‘Equal protection of law’ that is equal treatment under equal circumstances. Where as in India Right to Equality is related with both – the British model of ‘Equality before Law’ and American model of ‘Equal protection of law’ [Article 14].

Moreover in USA there is emphasis on civil and legal equality where as Right to Equality in India emphasises both civil-legal as well as socio-economic equality.

Also in USA , Right to Equality is in the procedural sense only while in India it is related with substantive equality.

Must read: Right to Privacy

The US version of Right to Equality focuses on equality of opportunity only. On the other hand the Indian version of Right to Equality provides expressly for affirmative action to ensure equality [Art 16]. Thus the Indian version focuses both on ensuring equality of outcomes along with equality of opportunity. [e.g., reservation in promotions].

Last but not the least the original constitution of USA did not prevent discrimination. Where as the original constitution of India prevented discrimination and abolished untouchability since its inception and adoption. [Art. 15, 17]

Thus we can say that, while both the US and Indian Constitutions guarantee equality and prohibit discrimination, they approach these principles in slightly different ways, reflecting the unique histories and cultures of each country.

External link: https://www.mea.gov.in/Images/pdf1/Part3.pdf