Q.13 Analyse the distinguishing features of the notion of Equality in the Constitutions of the USA and India.

Model Answer:

Introduction

The notion of equality in the Indian Constitution is enshrined primarily in Articles 14 to 18, which guarantee equality before the law and prohibit discrimination on various grounds. The Indian Constitution recognizes both formal equality (equality before the law) and substantive equality (positive discrimination or affirmative action).

Body

In contrast, the US Constitution's notion of equality is primarily encapsulated in the Equal Protection Clause of the 14th Amendment, which mandates that no state shall deny any person within its jurisdiction the equal protection of the laws. This clause has been interpreted to address issues of racial discrimination, gender equality, and other forms of unequal treatment.

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Distinguishing Features of Equality in the US Constitution:

• Equal Protection Clause: The 14th Amendment's Equal Protection Clause is a cornerstone of the US Constitution's approach to equality. It has been used to dismantle racial segregation (Brown v. Board of Education, 1954) and to advance gender equality (Reed v. Reed, 1971).
• Judicial Review: The US Supreme Court plays a crucial role in interpreting the Equal Protection Clause, often leading to landmark decisions that shape the nation's understanding of equality.
• Individual Rights Focus: The US Constitution emphasises individual rights and liberties, often prioritising them over group-based rights.

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Distinguishing Features of Equality in the Indian Constitution:

• Positive Discrimination: The Indian Constitution allows for positive discrimination (affirmative action) to uplift historically disadvantaged groups, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Article 15(4), Article 16(4)).
• Directive Principles of State Policy: These principles (Part IV) guide the state in promoting social and economic equality, aiming for a more equitable distribution of resources.
• Comprehensive Anti-Discrimination Provisions: Articles 15 and 16 explicitly prohibit discrimination on grounds of religion, race, caste, sex, or place of birth, ensuring a broad scope of protection.

Comparison Table:

Conclusion

In summary, while both the US and Indian Constitutions aim to ensure equality, the US focuses more on individual rights through the Equal Protection Clause, whereas India incorporates both formal and substantive equality, emphasising positive discrimination to achieve social justice. Positive discrimination in India is crucial for addressing historical injustices and achieving substantive equality, ensuring that disadvantaged groups have equitable opportunities.

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