Q.5 Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India. GS-II: POLITY (UPSC CSE 2021)

Answer.

INTRODUCTION:

The notion of equality in the USA and Indian constitutions has different philosophical foundations and legal frameworks. It was shaped by their respective journeys toward justice and fairness.

BODY:

HISTORICAL CONTEXT AND OBJECTIVES:

USA

• • The 13th, 14th, and 15th Amendments aimed to address the abolition of slavery and provide equal rights to former slaves.

INDIA

• • The Constitution was framed to address deep-rooted social stratification based on caste, gender, and economic status.

SCOPE OF EQUALITY RIGHTS:

USA

• • The Constitution emphasizes the protection of individual liberties and civil rights.
  • It does not explicitly provide for socio- economic rights; such matters are often left to legislation.

INDIA

• • The Constitution addresses social, economic, and political inequalities. It seeks to transform society by reducing inequalities through state intervention.
  • Although non-justiciable, they guide the state in formulating policies for social welfare and reducing inequalities.

EQUALITY IN THE UNITED STATES CONSTITUTION

• • The 14th Amendment, adopted in 1868, states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”
  • The Equal Protection Clause applies to citizens and non-citizens within US jurisdiction.

EQUALITY IN THE INDIAN CONSTITUTION

• • Articles 14 to 18 guarantee “equality before the law” and “equal protection of the laws” to all persons within the territory of India.
  • The Indian Constitution provides more extensive and explicit equality provisions through Articles 14 to 18.
  • The equality provisions apply to both citizens and non- citizens, with some rights specifically for citizens.
  • The provisions explicitly allow for affirmative action measures for disadvantaged groups.

CONCEPTUAL APPROACH TO EQUALITY:

USA

• • The Constitution emphasizes formal equality and individual rights, focusing on preventing state discrimination.
  • It primarily provides for negative rights, restricting government action against individuals.

INDIA

• • It incorporates both formal and substantive equality, recognizing that equality requires not just the absence of discrimination but also positive action to address historical and social disadvantages.
  • The Constitution provides for both negative and positive rights.

ENFORCEMENT MECHANISM:

USA

• • Enforcement is primarily through the court system, with individuals challenging discriminatory laws or practices.
  • Agencies like the Equal Employment Opportunity Commission (EEOC) address discrimination complaints.

INDIA

• • Under Articles 32 and 226, individuals can directly approach the Supreme Court and High Courts for equality rights violations.
  • Bodies like the National Commission for Scheduled Castes and Scheduled Tribes monitor implementation of safeguards.

CONCLUSION:

While both constitutions uphold the principle of equality, the US emphasizes formal legal equality, focusing on individual rights. In contrast, India adopts a more expansive approach, incorporating affirmative action to address historical inequalities and promote social justice. These differences reflect each country’s unique challenges and societal needs.