Analyse the distinguishing features of The notion of Equality in the Constitutions of the USA and India. (250 Words 15 Marks)

The notion of Equality in the USA emphasizes individual liberties and equal protection under the law, primarily reflected in the 14th Amendment. India’s Constitution, rooted in social justice, incorporates affirmative action to address historical inequalities, embodying a more substantive and inclusive approach to equality.

UPSC Mains General Studies Paper – 2 Mains 2021

UPSC Mains Civil Services IAS Exam Question Paper – 2021

Approach    

• Start with a brief background explaining why the right to equality has been included in the Constitutions of the USA and India. 
• Discuss the right to equality in the context of India and the USA. 
• Conclusion accordingly.   

Answer 

Introduction    

• The United States and India are both prominent democratic nations that follow a federal political structure. In order for democracy to thrive and prosper, it is essential that all individuals in society are treated equitably and without prejudice. Therefore, it became imperative to include provisions in the Constitution to address prevailing social and economic inequalities and empower diverse communities to fully enjoy the rights and freedoms guaranteed by the Constitution. 

Body   

The right to equality in the context of India and the USA:  

1. Right to Equality in India: In India, the right to equality is a fundamental right guaranteed under Article 14 of the Constitution. Here is a pointwise discussion of the right to equality in the context of India: 
   1. Equality before the Law: Article 14 ensures equality before the law, which means that all individuals, regardless of their background, are subject to the same laws and procedures. It prohibits arbitrary discrimination by the state and promotes equal protection of the law for all. 
   2. Non-Discrimination: Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It ensures that no citizen is denied access to public places, educational institutions, or opportunities based on these factors. Additionally, it allows the state to make special provisions for the advancement of socially and educationally disadvantaged groups. 
   3. Abolition of Untouchability: Article 17 specifically abolished the practice of untouchability, which historically marginalised certain communities. It declares untouchability as a punishable offence and aims to promote social inclusion and equality. 
   4. Equality of Opportunity in Public Employment: Article 16 ensures equality of opportunity in public employment. It prohibits discrimination in matters of employment on grounds of religion, race, caste, sex, descent, place of birth, or residence. It also provides for reservations or affirmative action to promote the representation of disadvantaged communities in public services. 
   5. Affirmative Action: India has implemented affirmative action policies, commonly known as reservations, to address historical social and economic inequalities. These policies provide reserved quotas in education, employment, and political representation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. 
   6. Gender Equality: The right to equality in India includes efforts to address gender inequality. The Constitution guarantees equal rights to women and prohibits discrimination on the basis of gender. Laws have been enacted to combat practices such as dowry, domestic violence, and workplace harassment. 
   7. Struggles for Social Justice: Over the years, various social movements and legal reforms have contributed to advancing the right to equality in India. Movements like the Dalit rights movement, women’s rights movement, and advocacy for LGBTQ+ rights have played significant roles in challenging discriminatory practices and promoting equality. 
2. Right to Equality in the USA: In the United States, the right to equality is protected under the Equal Protection Clause of the Fourteenth Amendment to the Constitution. Here is a pointwise discussion of the right to equality in the context of the USA: 
   1. Equal Protection Clause: The Equal Protection Clause states that no state shall deny any person within its jurisdiction equal protection under the law. This clause ensures that individuals are entitled to equal treatment and prohibits discrimination by the government based on race, colour, religion, sex, or national origin. 
   2. Civil Rights Movement: The Civil Rights Movement of the 1950s and 1960s played a significant role in advancing the right to equality in the USA. Activists fought against racial segregation and for equal rights, leading to landmark legislation and court decisions that dismantled segregation and prohibited discriminatory practices. 
   3. Racial Equality: The right to equality in the USA encompasses the fight against racial discrimination. It aims to ensure that all individuals, regardless of their race or ethnicity, are treated fairly and have equal access to opportunities, resources, and protection under the law. 
   4. Gender Equality: The right to equality also encompasses gender equality. Over the years, the USA has made progress in addressing gender-based discrimination and promoting equal rights for women. Legislation such as the Equal Pay Act and Title VII of the Civil Rights Act have aimed to combat gender-based disparities and promote equal treatment in employment and other areas. 
   5. LGBTQ+ Rights: In recent years, the fight for equality in the USA has extended to the LGBTQ+ community. Landmark Supreme Court decisions, such as Obergefell v. Hodges, legalized same-sex marriage nationwide, and laws have been enacted to protect LGBTQ+ individuals from discrimination in employment, housing, and public accommodations. 
   6. Ongoing Challenges: Despite significant strides, challenges to equality persist in the USA. Issues such as systemic racism, socioeconomic disparities, and discrimination against marginalised communities remain, requiring ongoing efforts to promote equal treatment, access to opportunities, and justice for all individuals. 
   7. Legal Protections: In addition to the Equal Protection Clause, various federal and state laws protect against discrimination, including the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Americans with Disabilities Act. These laws aim to ensure equal treatment and protection across different aspects of life. 

Conclusion     

• Hence, while both the US and Indian Constitutions embrace the concept of equality, they have distinct approaches. The US Constitution emphasises formal equality and individual rights, while the Indian Constitution takes a more comprehensive approach, encompassing both formal and substantive equality, with a focus on addressing historical injustices and protecting group rights. These differing perspectives reflect the unique historical and social contexts of each country. 

In case you still have your doubts, contact us on 9811333901. 

For UPSC Prelims Resources, Click here

For Daily Updates and Study Material:

Join our Telegram Channel – Edukemy for IAS

• 1. Learn through Videos – here
• 2. Be Exam Ready by Practicing Daily MCQs – here
• 3. Daily Newsletter – Get all your Current Affairs Covered – here
• 4. Mains Answer Writing Practice – here

Visit our YouTube Channel – here