• UGI USER
  • Nov 10, 2023
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Q. Analyse the distinguishing features of the notion of the Right to Equality in the Constitutions of the USA and India.

Structure of Answer

Introduction

  • Define the Right to Equality, and its distinguishing features in India and the USA

Body

  • Mention the Distinguishing features of Right to Equality in the Constitutions of the USA and India.

Conclusion

  • Mention USA emphasizes equal protection of the law, primarily focusing on civil and legal equality, India’s approach combines elements from both British and American models.

Answer:

Right to Equality is a fundamental cornerstone enshrined in the Constitutions of both the United States and India. It embodies the principle of non-discrimination and equal protection under the law, ensuring fairness and justice in societal interactions. However, the interpretations and implementations of this right in the two constitutions possess distinctive features.

Distinguishing features of Right to Equality in the Constitutions of the USA and India

Aspects Indian Constitution USA Constitution
Equality Before the Law vs. Equality Before the Law and Equal Protection of the Laws Indian Constitution guarantees both “equality before the law” (Article 14) and “equal protection of the laws” (Article 15). The US Constitution, through the 14th Amendment, ensures “equal protection of the laws” for all citizens.

 
Affirmative Action and Reservation Policies Indian Constitution permits reservations based on caste under Articles 15(4) and 16(4) for SC/ST/OBC, distinct and more established than US affirmative action measures. Affirmative action policies in the USA are primarily race-based, seeking to rectify historical racial discrimination.
Caste-Based Discrimination Indian Constitution, recognizing the deep-rooted issue of caste-based discrimination, has special provisions under Articles 17, 46) to abolish “untouchability” and promote the educational and economic interests of SC/ST. US Constitution addresses racial discrimination, with a historical focus on African Americans. It does not have provisions specifically addressing caste-based discrimination.
Social and Economic Equality Indian Constitution has a broader approach, addressing economic and social equality through provisions like the right to work, education, and public assistance under Articles 38 and 39. Equality primarily focuses on civil and political rights, with fewer direct provisions for economic and social rights in the Constitution.
Equality provision In India, the Constituent Assembly aimed to firmly establish this right within the constitution from the very beginning,  Assembly incorporated these rights into Chapter III, designated as “Fundamental Rights.” The initial US Constitution didn’t proactively forbid discrimination, as seen in segregation against African-Americans before the 1964 Civil Rights Act.

 The Right to Equality, though a shared ideal, is distinctly interpreted in the Constitutions of the USA and India. While the USA emphasizes equal protection of the law, primarily focusing on civil and legal equality, India’s approach combines elements from both British and American models, ensuring a broader scope of socio-economic equality and actively addressing historical injustices through affirmative action.