Subject: International Relations (Constitutional Law and Polity)

The concept of constitutional equality has evolved differently in India and the USA, shaped by their unique historical contexts and social challenges. While both nations strive for equality before law, their approaches reflect distinct societal needs and constitutional philosophies.

Key Features of Equality in the US Constitution

• Equal Protection Clause: The 14th Amendment primarily focuses on ensuring equal treatment under law, prohibiting discrimination based on race, color, or national origin.

• Negative Rights Approach: The US Constitution emphasizes equality through non-discrimination and equal opportunity rather than positive discrimination.

• Recent Jurisprudence: The Students for Fair Admissions v. Harvard (2023) case demonstrates the US Supreme Court's stance against race-based preferences in college admissions.

Distinctive Features of Equality in Indian Constitution

• Comprehensive Framework: Articles 14, 15, 16, and 17 provide a multi-layered approach to equality, addressing social, economic, and political dimensions.

• Positive Discrimination: The Constitution explicitly permits affirmative action through reservation policies for historically marginalized groups (SC, ST, OBC).

• Recent Developments: The Sukanya Shantha v. Union of India (2024) judgment reinforced constitutional protection against caste-based discrimination in prisons.

Comparative Analysis

• Scope and Coverage:

  • India's approach is more expansive, addressing historical inequalities through constitutional provisions.
  • US focuses on individual rights and equal protection without explicit provisions for positive discrimination.

• Implementation Mechanisms:

  • Indian Constitution provides specific tools like reservations and special provisions.
  • US relies more on judicial interpretation and legislative measures.

• Social Context:

  • India's equality framework addresses caste-based discrimination and socio-economic disparities.
  • US Constitution primarily addresses racial discrimination and equal opportunity.

The constitutional frameworks of both nations reflect their unique historical experiences and social challenges. While the US Constitution emphasizes equal treatment and opportunity, the Indian Constitution adopts a more interventionist approach through affirmative action and specific provisions for marginalized groups, demonstrating the dynamic nature of constitutional equality in addressing societal needs.