← All questionsGS2 · 2021 · Polity ·Right to Equality: USA vs India
QUESTION 13
GS2
15 marks

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

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11 min
250 words

What the examiner wants

Analyse how the idea of the right to equality differs between the US and Indian Constitutions.

AnalyseBreak it into parts, show how the parts connect, and judge which matter most.

Demand-wise check

  1. 1USA: Equal Protection Clause (14th Amendment); formal equality; strict scrutiny; affirmative action limited (SFFA v Harvard, 2023)≈50 words
  2. 2India: Articles 14–18; substantive equality; reasonable classification; protective discrimination (reservations, Article 15(4), 16(4))≈50 words
  3. 3India's special features: abolition of untouchability (Art. 17), titles (Art. 18), EWS quota≈50 words
  4. 4Similarities and conclusion≈50 words

Open in about 30 words and close in about 30.

Answer plan

Constitutional basis in eachKey differences (formal vs substantive)CasesConclusion

Where marks usually go

  • Describing Indian articles without the US comparison
  • No cases, e.g. Brown v Board, SFFA v Harvard, Indra Sawhney, E.P. Royappa

Draw this

  • Comparison table: basis, approach, test, affirmative action

Value addition

  • CaseStudents for Fair Admissions v Harvard (2023): the US Supreme Court struck down race-conscious college admissions.US Supreme Court, 2023
  • CaseState of Kerala v N.M. Thomas (1976) and Indra Sawhney (1992) treat reservation as part of equality, not an exception to it.Supreme Court of India

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