UPSC Mains 2021 · GS II · Q13 · 15 marks · 250 words

Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.

हिन्दी में

संयुक्त राज्य अमेरिका और भारत के संविधानों में, समता के अधिकार की धारणा की विशिष्ट विशेषताओं का विश्लेषण कीजिए।

Comparative ConstitutionsFundamental Rights

How a topper answered the closest question

Toppers wrote this one in a test series: “Bring out the similarities and differences in the Bill of Rights in the Constitution of the United States and Fundamental Rights in the Constitution of India.”

Aayushi BansalAIR 7 · CSE 2024 · 150 wordsTheir whole copy

Opening

Indian Constitution adopted Funda-mental Rights from US Bill of Rights but enlarged its scope much more than US.

Similarities

Body · points

  1. Equal Protection of laws (Article 14) to ensure people in same situation are treated alike & in different circumstances treated differently. (eg → positive affirmation)
  2. Right to freedom of speech & expression
  3. Judicial review to protect enforcement of FR.

Differences :- (1) Indian situation specific → → Article 17 - Abolishing untouchability (2) Presence of Preventive Detention (Article 22) (3) Due process of Law in US vs procedure established by law in Article 21 / However, this is effectively due process now after Maneka Case (4) Comprehensive religious rights which can allow State's intervention (A 25-28) (5) Protection to minorities in FR itself in India (A 29-30) (6) Balancy of DPSP & FR →

Close · a summary

society & individual (Article 31C)

Indian FR have formed the most comprehensive across globe.

1 more topper’s answer to this question, part by part, and how they all approached it: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2021, General Studies Paper II, Q13. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.