Sample Answer
Introduction
India and the United States are culturally heterogeneous cultures with democratic governments and comparable legal systems having different interpretations of equality.
Body
The distinguishing features are:
| Indian Constitution | USA Constitution |
| • Indian Constitution since its adoption guarantees Right to Equality from Article 14 to 18 under PART III as fundamental right. • Article 14 embodies two concepts – 1. Equality before the law (Britain - Negative) where no one is above the law with some exceptions (Article 361) & 2. Equal Protection of the laws (USA - positive) allowing reasonable classification based on intelligible differentia to achieve specific goals. • Negative aspect of Article 14 is further elaborated through Article 15 which prohibits discrimination on grounds of religion, caste, gender or place of birth and Article 17 which abolishes untouchability. • As a part of affirmative action, constitution provides for reservation in educational institutions and public services including promotions and on grounds of econombackwardness to members of OBC, SC and ST under Article 15(4), 15(6), 16(4) and 16(6). | • First ten Amendments cumulatively referred as Bill of Rights incorporated right to free trial through due process of law but nothing concrete about equality. • Equal Protection Clause was added through Fourteenth Amendment based on Civil Rights Act, 1866. • Equal Protection clause does not support reasonable classification as an affirmative action by the state. • Prohibition against discrimination on grounds of race, colour, religion, sex and national origin was provided through Civil Rights Act of 1964. It also prohibited discrimination by government agencies that receive federal funds |
Conclusion
Despite differences in understanding, both countries have successfully ensured equality for its citizens.