Model Question and Answers for APSC | Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India (UPSC Mains- 2021 GS-II)

Model Question and Answers for APSC | Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India (UPSC Mains- 2021 GS-II)

Ans : It is notably said that things which looks similar from distance, may not be similar on observing it from close. Applying the same principle on the relations between United States of America (United States) and India in the light of Right to Equality, observation says that besides having similarity in the words expressing the provision related to Right to Equality‟ both countries share difference in the application of the right.
The distinguishing features of the notion of Equality in the Constitutions of the USA and India
1. United States had derived right to equality from the Bill of Rights. It was through fourteenth Amendment in year 1868, but differently, in India constituent assembly had the intent to inculcate this right in the constitution at the initial level.
2. With the fundamental rights, the Indian Constitution prescribes the reasonable restriction for the Rights. But, there is no as such specified provision for restriction of the power in latter country.
3. Unlike United States Constitution, Indian Constitution expressly provides for the affirmative action for upliftment of backward groups na dthat is written in constitution itself whereas in USA it depends on legislature
4. It can be seen that the right to equality does not provide any social equality in America but only legal and political. On the other hand, the Article 14 under the constitution of India explicitly denies the discrimination amongst any group of individuals.