UPSC Previous Year Question | Mains GS2 | 2021
Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India. (Answer in 250 words)
Answer
Introduction
Both constitutions reject arbitrary discrimination, but India expressly pursues substantive transformation while US equality evolved mainly through judicial interpretation of the Fourteenth Amendment.
United States
United States
- The Equal Protection Clause prohibits states from denying equal protection; strict scrutiny protects suspect classifications and fundamental rights.
- Race-conscious remedies remain contested through the principle of colour-blind equality and affirmative-action jurisprudence.
- Equality is largely negative—limiting discriminatory state action—though civil-rights legislation broadens protection.
India
India
- Articles 14–18 combine equality before law, non-arbitrariness, anti-discrimination, equal opportunity, abolition of untouchability and titles.
- Articles 15(3), 15(4), 15(5), 16(4) and related provisions permit affirmative action for disadvantaged groups.
- Indian courts use substantive equality, proportionality and constitutional morality to address structural exclusion.
Keywords
Keywords: constitutional values; governance; public institutions; accountability; inclusive development.
Topics: comparative constitutionalism, equality, polity and governance, usa and india