GS2 2021 Q13 15 marks 250 words Comparative Constitution

UPSC Mains 2021 GS2 Q13 — Comparative Constitution

Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (Answer in 250 words)

Question Decoded — examiner's intent

Directive verbs
Analyze
Scope keywords
distinguishing featuresnotion of Right to EqualityConstitutions of the USAIndia
Implicit sub-parts
  • Comparison between 'Equal Protection of Laws' (US & India) vs 'Equality Before Law' (British/Indian concept).
  • Examination of 'Affirmative Action' in the US (judicial interpretation) versus 'Reservation Policy' in India (explicit constitutional mandate).
  • Analysis of the role of the 14th Amendment in the US versus Articles 14 to 18 in the Indian Constitution.
  • Contrast between individualistic focus in US equality and group-based/social justice focus in Indian equality.
Common pitfalls
  • Discussing the entire Bill of Rights instead of focusing strictly on the 'Right to Equality'.
  • Failing to mention that India uses both 'Equality Before Law' and 'Equal Protection of Laws' while the US primarily uses the latter.
  • Neglecting the 'due process' aspect of US equality vs the 'procedure established by law' or 'substantive due process' evolution in India.
  • Overlooking the specific Indian provisions for social equality like the abolition of untouchability (Art 17) which have no direct US equivalent.
Dimensions required
Constitutional-LegalPhilosophical (Individualism vs. Communitarianism)Judicial InterpretationSocio-Historical Context
Marks allocation hint

Devote 50 words to the conceptual introduction of both frameworks. Allocate 150 words to a structured comparison of three key pillars: equal protection, affirmative action vs reservations, and social vs legal equality. Use the final 50 words to conclude on how the Indian model is more 'positive and proactive' compared to the US 'prohibitive' model.

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