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COMPARATIVE ANALYSIS OF EQUALITY BEFORE LAW IN INDIA AND UNITED STATE OF AMERICA CONSTITUTION BY: - SHWETA RAVINDRA KANADE
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COMPARATIVE
ANALYSIS OF EQUALITY BEFORE LAW IN INDIA AND UNITED STATE OF AMERICA
CONSTITUTION
AUTHORED
BY: - SHWETA RAVINDRA KANADE
L.L.M 1st
YEAR, SEMESTER: 2
ROLL NO: 90
DIV: B 2023-2024
Progressive
Education Society’s Modern Law College, Pune
Savitribai
Phule Pune University
Abstract:
The researcher1 in this paper has done a ?Comparative Analysis of Right to Equality in India and United State of America.? In
this research, the researcher has compare Rights to Equality guaranteed under Article 14 of the Indian Constitution,
whereas the Bill of Rights has been guaranteed
in the USA Constitution in its Fourteenth Amendment.
Thus
the main object of the researcher is that the Indian Constitution is the
longest written constitution in the world whereas the USA
Constitution is the shortest
constitution.
The USA Constitution was drafted in secret by delegates to the Constitutional Convention during summer 1787 these four pages documents signed on 17th September, 1787 by the government of US. That, the
article also tells you about the preamble of Indian constitution as well as USA Constitution. Also the researcher
has explained process of the law making in the USA Constitution and
also given the title of the amendments made by the USA Constitution. As per the USA Constitution, as per the need
of the society they make the amendment
in their constitution.
Whereas,
the Indian Constitution has itself in Part III of the Indian Constitution has guaranteed Fundamental Rights in which Article 14 deals with Equality before Law and
Equal Protection of Law. Also, the researcher has given the
Judicial Interpretation of Indian as well as USA Constitutions. This will help to know how the Judiciary works in
every state. It also explore the conceptual framework, the influence of American principle on Indian equality
provision.
1 The author is LL.M (1st year) Student of
Modern Law College, Ganeshkhind, Pune Savitribai Phule Pune University, Pune.
Keywords:
Right to Equality, Indian Constitution, United State of American Constitution, Bills of Right,
INTRODUCTION
India and United State of American
are the two countries that share many similarities.2 In the Context of ?Equality before Law? between India Constitution and United
State of American Constitution is concerned in Indian Constitution it
has been guaranteed in the Part III
i.e. Fundamental Rights in the Indian Constitution. Whereas in United State of American Constitution is concerned Right
to Equality is not been enacted in its constitution. The Declaration of Rights from the Bill of Rights expanded this
concept of Right to Equality in
United State. It was added as a part of the 14th Amendment Act, 1868 in the Bill of Rights,
whereas the Indian concept is
totally different.
The
Indian Constitution, came into force on 26th January, 1950, consist
of a preamble and 448 article divided
into 25 parts and 12 schedule. Article 14 is the first article of Part III of Constitution,
which deals with the Fundamental Rights of the citizen
of India.3
The
United State of America, the
Constitution was drafted in secret by delegates to the Constitutional Convention during summer of 1787, this four
page documents, signed on September 17, 1787
established the government of United
State.4
The
Indian Constitution is the longest written constitution. Whereas United State
of American Original Constitution was hand written on five pages of parchment
by Jacob Shallus.5 The first permanent constitution is
interpreted, supplemented, and implemented by
the large body of federal constitution law and has influenced the
constitution of our nation. Since the
constitution was ratified in 1789, and it has been amended 27 times, the first
ten amendments known collectively as the Bill of Rights which offer special protection of individual liberty
and justice and place
restriction on power of
government within U.S. state.
tes,government%20of%20the%20United%20States. Last seen on 23/03/2024
A)
RESEARCH
PROBLEM
The subject explores and analyses the right to equality as guaranteed in the American
Constitution and Indian Constitution.
B)
RESEARCH
QUESTIONS
·
To what extent may India‘s and United State of America‘s
fundamental rights to equality be compared?
·
Has
good governance in both India
and Unites States been aided by
the correct application of the basic right to
equality?
·
To
what extent the court rulings improved the statue of the rights to equality in India and the United States?
C)
Object
of the Study
·
To understand
the differences in the implementation of right to equality in Indian Constitution and in Unites States of
American Constitution.
·
To analysis
the applicability of each of the two provisions in their respective countries.
·
To study
the development through various case
laws.
D)
RESEARCH
DESIGN
·
Nature of the Study: The research project is descriptive and analytical in nature.
·
Source of Data: The project is largely based on secondary data, however, tertiary and electronic source of data
has been referred to collect the data including case laws,
books, and journal has been referred for the reference.
·
Method
of Data collection: The method used for collecting the data is Non- doctrinal.
HISTORICAL BACKGROUND OF INDIAN CONSTITUTION
The Constitution of India guaranteed
this Fundamental Rights to all citizens of India. It is one of the key positions of Indian
Constitution, which was adopted on 26th January, 1950.6 The Constitution of
India consists of preamble, 448 articles which are divided into 25 parts and 12 schedules. Article 14 is the
first article of Part III of the constitution, which deals with the Fundamental rights of the
citizens of India. This article plays a critical role in safeguarding the rights and freedoms of Indian citizens and
provides a legal basis for equal treatment
under the law.7
The first demand of the Fundamental rights came in the form of the ?Constitution
of India Bill, in 1895 which is also popularly known as Swaraj Bill in
1895 it was written during the
emergency of Indian nationalism and increasingly vocal demands by Indians for
self- government.? It talks about freedom of speech, right to
privacy, and to franchise, etc.8
After
Independence on 15th August, 1947 the task of developing a
constitution for the nation was taken
by the Constitution Assembly of India, under the presidency of Dr. Rajendra Prasad. B. R. Ambedkar became the
chairperson of the Drafting Committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became the chairpersons of committee and sub- committees responsible for different
subjects.9
The fundamental rights were included
in the First Draft Constitution (February, 1948), the
Second Draft Constitution (10th October, 1948), and Final Third
Draft Constitution (26th
November, 1949), prepared by the
Drafting Committee.
The
preamble of the Indian Constitution is the key to open the Constitution. It is nothing but a short introduction of Indian
Constitution. Preamble of the Constitution provides us a source,
pattern, object. It has a great importance and significance
which says that;
“WE THE PEOPLE OF INDIA, having a solemnly
resolved to constitute. India into a SOVEREIGN,
SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and
to secure it to all its citizens.”
6 https://unacademy.com/content/clat/study-material/logical-reasoning/right-to- equality/#:~:text=This%20right%20is%20significant%20for,religion%2C%20or%20any%20other%20grounds last seen on 25/03/2024
9 Supra no 7
Thus
the word SOCIALIST and SECULAR were not originally in the Preamble but were added to the Preamble by the 42nd
Constitutional Amendment 1976 during the Prime Minister
of Mrs. Indira Gandhi.
Right
to Equality is one of the chief guarantees of the Constitution. It is embodied
in Article 14to 18 which correctively
encompass the general principles of equality before law and non- discrimination10 and article 17-18 which collectively encompass further the philosophy of social equality.11
Article 14 guarantees equality before law as well as
equal protection of the law to all people
within the territory of India. This includes the equal subjection of all
persons to the authority of law, as well as equal treatment of persons in similar circumstances.12
Right to Equality is a Fundamental Right that applies to
all the people, irrespective of the
caste, creed, religion or sex. The state is obliged to make available
opportunities for all individual to
realize their full potential. Thus the Constitution of Indian also provides
certain special rights to women,
children, schedule caste, tribes, and other backwards classes of citizens. These special rights are aimed
at ensuring equality of opportunity and treatment for all section of the society.
Thus Right to Equality is one of the
fundamental rights enshrined in the constitution of India. It could be very essential to
apprehend what this Right include. There are mainly six types of Equality:
a)
Natural
b)
Social
c)
Civil
d)
Political
e)
Economic
f)
Legal
10 Basu, Durga Das (1993). Introduction to the
Constitution of India (15th ed.). New Delhi: Prentice
Hall of India. p. 475. ISBN 81-203-0839-5. Page no 90 last seen on 25/03/2024
11 Basu, Durga Das (1993). Introduction to the Constitution of India (15th ed.). New Delhi:
Prentice Hall of India. p. 475. ISBN 81-203-0839-5. Page no 93-94 last seen on 25/03/2024
12 Basu, Durga
Das (2003). Shorter Constitution of
India (13th ed.). Nagpur: Wadhwa
& Co. p. 1972. ISBN 978-81-8038-206-2.page no 56-57 last seen on 25/03/2024
This
right is significant for ensuring that all citizens have equal access to
education, employment, and other
opportunities. This right to equality is also essential for creating a just and equitable society. It ensures that
all citizens are treated equally, regardless of their caste, religious or any other grounds.13
Article 14 basically states that, “THE STATE SHALL NO DENY ANY PERSON EQUALITY BEFORE THE LAW OR EQUAL
PROTECTION OF LAWS WITHIN THE TERRITORY OF INDIA”
|
Article 14
|
|
Equality in front of
Judicial System
|
|
Equality before
Law
|
|
Equal Protection of
Law
|
|
Access
to Justice
|
|
Not Absolute
|
|
Positive Concept
|
|
Similar to Rule of Law
|
Court which was made by them. It was thus held that the Act of State of Bengal violates
the Right to Equality.15
In
this case, the admission process of college was checked and the main issue
raised was the validity of preference
given to Christian students in the admission process. Here the Supreme Court held that minority institution which is receiving aid from state funds is entitled
to grant preference or to
reserve seats for the students of its community.16
In the famous case of
where the appellant went to the Supreme
Court for the unsatisfactory
decision of High Court of Karnataka. According to the appellant, the High Court committed an error by not condoning
the delay as there were enough reasons for them to be not able to reach the High Court on time. It is a well-established legal proposition that Article 14 of the Indian
Constitution is not there to create perpetual illegality, even by extending the previous wrong decision. It
was held that here the appellant was negligent on their part as the appellant was not able to show the sufficient
cause for the delay and thus here their appeal was rejected.17
There cannot be equality before the law for the person who is a
wrongdoer. A person who is doing
illegal acts cannot ask for Right to Equality in front of a court or the
judicial system. In this case the
Patna High Court clearly explains that there cannot be equality for illegal
acts as the petitioner was himself at fault, therefore, he was made to compensate for his illegal act. 18
HISTORICAL BACKGROUND OF USA CONSTITUTION
The
Constitution of USA is the Supreme law of the United Nation.19 It
superseded the Article of Confederation, the nation first Constitution, on March 4th, 1789. Originally included seven articles, the constitution
delineated national frame and constrains the power of the federal government. The Constitution
first three articles embodies
Federal Government
Consists of Bicameral President and Subordinate Supreme Court and Congress
(Article I) Officers (Article
II) other Federal
Courts
(Article III)
Article IV, Article V, and Article VI embody concept of federalism, describing the rights of the
state government.20
Article
VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of United States is the
oldest and longest-standing written and codified national constitution
in force in the world.21
The
Drafting of the Constitution, often referred to as it framing, was completed at
the Constitutional Convention, which
assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787.22 Delegates to the
convention were chosen by the state legislatures of 12 of
the 13 original states, Rhode Island
refused to send delegates.23
19 Maier, Pauline (2010). Ratification: The People Debate the Constitution,
1787–1788. New York: Simon
& Schuster. ISBN 978-0-684-86854-7. Ref pg no 35 last seen on 25/03/2024
20 https://en.wikipedia.org/wiki/Constitution_of_the_United_States#Background last seen on 25/03/2024
21 Goodlatte says U.S. has the oldest working national
constitution, Politifact Virginia website, September 22, 2014.
Last seen on 25/03/2024
22 Maier, Pauline (2010). Ratification: The People Debate the Constitution,
1787–1788. New York: Simon
& Schuster. ISBN 978-0-684-86854-7. Ref pg no 27-28 last seen on 25/03/2024
23 "America's Founding Fathers-Delegates to the
Constitutional Convention". The U.S. National Archives and Records
Administration. October 30, 2015. Retrieved February
22, 2023. Last seen on 25/03/2024
Since the Constitution was ratified in 1789, it has been amended 27 times.24 25The first ten amendments, known collectively as the Bill of Rights
offer specific protection of individual
liberty and justice and place restriction on the power of government within the United State.2627The majority of the 17 later amendments expand individual civil rights protections.
The original U.S. Constitution28 was written on five pages of
parchment by Jacob Shallus.29 The first permanent
constitution is interpreted, supplemented and implemented by a large body of federal constitutional law and has influenced
the constitutions of our nations.
The Constitution of United States
includes four sections:
·
Introductory paragraph titled Preamble;
·
List of seven Articles
that define the government‘s framework;
·
An untitled
closing endorsement with the signature of 39 framers; and
·
27 amendments that have been adopted under Article V.
PREAMBLE OF USA CONSTITUTION
“We the people of United States, in order to form a more perfect
Union, established Justice,
ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and
secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish this Constitution for the United
State of America.”
24 United States Senate (1992). "Amendments to the Constitution of the United
States of America" (PDF).
The Constitution of the United
States of America:
Analysis and Interpretation. U.S. Government Printing Office.
p. 25 n.2.
ISBN 978-0-16-063268-6. Last seen on 25/03/2024
25 "Constitution Day". Senate.gov. United States Senate. Archived from the original on August 12, 2016. Retrieved September
10, 2016. Last seen on 25/03/2024
26 Ritchie, Donald. "Bill of Rights".
Annenberg Classroom—Glossary. Leonore Annenberg Institute for
Civics of the Annenberg Public
Policy Center of the University of Pennsylvania. Retrieved September 21, 2014.
Last seen on 25/03/2024
The following
are the title of the
United States of America Constitution:30
a)
Article I: The Legislature;
b)
Article II: The Executive;
c)
Article III: The Judiciary;
d)
Article IV: The State;
e)
Article V: The Amendment
Process;
f)
Article VI: The Federal
Powers;
g)
Article VII: The Ratification;
h)
Amendments;
i)
Safeguard of Liberty (Amendment 1,2,3);
j)
Safeguard of Justice (Amendment 4,5,6,7, and 8);
k)
Unenumerated rights
and reserved powers (Amendment 9 and 10);
l)
Government
Authority (Amendment 11,16,18, and
21);
m)
Safeguards of civil rights (Amendment 13,14,15,19,23,24, and 26);
n)
Government processes and procedure (Amendment 12,17,20,22,25, and 27);
The Constitution was written during
the summer of 1787 in Philadelphia, Pennsylvania, by 55 delegates to a
Constitutional Convention that was called ostensibly to amend the Article of Confederation (1781-1789), the country‘s first written Constitution.31
In
1787-88, in an effort to persuade New York to ratify the Constitution,
Alexander Hamilton, John Jay, and James
Madison published a series of essays on Constitution32 and republican government in New York Newspaper. The book was written
under the pseudonym
?Publius? and collected and published in the book form as ?The Federalist? (1788) becomes
the classic exposition and defence of the
Constitution.
The
meaning of the Equal Protection Clause has been the subject of much debate, and inspired
the
well-known
phrase
?Equal
Justice
under Law.? This clause was the basis
for
Brown V. Board of Education,33 the Supreme Court decision that helped to dismantle racial
30 https://en.wikipedia.org/wiki/Constitution_of_the_United_States#CITEREFMaier2010 last
seen on 25/03/2024
31 https://www.britannica.com/topic/Constitution-of-the-United-States-of-America last seen on 25/03/2024
32 The Federalist (1788), a book-form publication of 77 of the 85
Federalist essays.
33 Brown V. Board of
Education 17th May, 1954
segment.
The clause has also been the basis for Obergefell V. Hodges34 which
legalized same-sex marriages, along
with many other decisions rejecting discrimination against, and bigotry
towards, people belonging to
various groups.
While
the Equal Protection Clause itself applies only to state and local governments,
the Supreme Court held in Bolling V. Sharpe35 that the
Due Process Clause of the Fifth Amendment
nonetheless requires equal protection under the laws of the federal government via reverse incorporation.
34 Decided on 26th June, 2015
35 Decided on 17th May. 1954
DIFFERENCE BETWEEN EQUALITY
BEFORE LAW IN INDIA AND USA CONSTITUTION
The US Constitution is rigid in its format and consists of only 7
articles and 27 amendments. The
Indian Constitution, on other hand, is the lengthiest Constitution written to date. It consists of 12 schedules and 448
articles in 22 parts.36
The
following are the distinguish between Equality in the Constitution of USA and India:37
1)
Right to Equality in India: In India, the right to equality is a fundamental
right guaranteed under Article 14 of
the Constitution. Here is a point wise discussion of the right to equality in the
context of India:
a)
Equality before Law: Article 14 ensures equality before the law, which means that all individuals, regardless of
their background, are subject to the same
laws and procedures. It prohibits arbitrary discrimination by the state and promotes equal protection of the
law for all.
b)
Equality of Opportunity in Public
Employment: Article
16 ensures equality of opportunity
in public employment. It prohibits discrimination in matters of employment on grounds of religion, race,
caste, sex, descent, place of birth, or residence.
It also provides for reservations or affirmative action to promote the representation of disadvantaged communities
in public services.
c)
Gender Equality: The right to equality in India
includes efforts to address gender
inequality. The Constitution guarantees equal rights to women and prohibits
discrimination on the basis of gender. Laws have been enacted to combat practices such as dowry, domestic violence,
and workplace harassment.
2)
Right to Equality in USA: In the United States, the right to
equality is protected under the Equal Protection Clause of the Fourteenth Amendment
to the Constitution. Here is a point wise discussion of the right to
equality in the context of the USA:
a)
Equal Protection
Clause: The Equal
Protection Clause states that no state shall
deny any person within its jurisdiction equal protection under the law. This clause ensures
that individuals are entitled to equal treatment
and prohibits discrimination by the government based on race, colour, religion,
sex, or national origin.
b)
Gender Equality: The right to equality also
encompasses gender equality. Over the years, the USA has made progress
in addressing gender-based discrimination and promoting equal rights for women. Legislation
such as the Equal Pay Act and Title
VII of the Civil Rights Act have aimed to combat gender-based disparities and promote equal treatment in employment and other areas.
c)
Legal Protections: In addition to the Equal Protection
Clause, various federal and state
laws protect against discrimination, including the Civil Rights Act of 1964, the Voting Rights Act of 1965, and
the Americans with Disabilities Act. These laws aim to ensure equal treatment and protection across different aspects
of life.
3)
Role of Judiciary:38
a)
USA: The US Supreme Court has played a
significant role in interpreting and developing
the principle of equality, expanding its scope through landmark cases such as Brown v. Board of Education39 and Loving v. Virginia40.
b)
India: The Indian judiciary has also played
an active role in interpreting and enforcing
the principle of equality, notably through the doctrine of the basic structure, which states that the principle of equality is a part of the basic
38 https://pwonlyias.com/pyq/analyze-the-distinguishing-features-of-the-notion-of-equality-in-the-constitutions- of-the-usa-and-india-250-words-15-marks/#:~:text=Body%3A-
39 17th May, 1954
40 388 U.S. 1 (1967)
structure of the Indian
Constitution and cannot
be abridged or abrogated by any amendment.
4)
Similarities between the Constitution of India and the Constitution of the USA:41
a)
Both
Constitutions are in the written format, even though the American Constitution is not as vast as the Indian Constitution.
b)
Both the Indian and US Constitutions are federal in their form.
They state that the power belongs to the Central
Government.
c)
Both
Constitutions lay down the foundations of the fundamental rights of the people.
d)
The
distribution of powers to maintain and safeguard democracy is another common
feature between the two Constitutions.
e)
The Constitution of India is amendable, whereas
that of America
cannot be amended.42
f)
The
US Constitution cannot change its form, whereas the Constitution of India can change its form given the
circumstances to protect the country. It means
that the American Constitution is completely federal, while the
Constitution of India is
quasi-federal. Quasi-federal means that, if need be, the states‘ powers will become
null and void, and the Centre becomes the supreme power.
g)
Dual
citizenship is followed in the American Constitution; that is, people need to have the citizenship of the state as
well as the country. India‘s Constitution works on single citizenship, which means the resident should be a citizen of the
country, no matter the state
they reside in.
h)
The
President is the head of the country in America. The Prime Minister represents the country and the choice of people in India.
i)
The
American Constitution has no provisions for a national emergency. It is a special
feature mentioned only in the Indian Constitution. In an emergency,
the
powers go to the Central Government or President, depending
on the situation. The powers of
the state in such scenarios become null and void.
j)
Indian states cannot request
the amendment of the Indian Constitution. However, in America, the states have equal
power and can request to amend the
Constitution.
k)
An
Indian President is elected by the members of Rajya Sabha and serves the office for 5 years. In America, people
directly elect their President, who serves
the office for 4 years. Presidents of the USA cannot be elected more
than twice.
l)
The state Governors in America are elected by the citizens
of America themselves. However, Indian Governors get their
power from the President.
m)
The
main difference in both Constitutions is that the judges take over criminal trials in India, and the judiciary is the
supreme power. American trials are carried
out by a special jury, in which the Government randomly chooses common
people to give a decision.
n)
The American
Constitution is rigid, whereas the Constitution of India is flexible.
JUDICIAL INTERPRETATION OF EQUALITY BEFORE
LAW IN USA CONSTITUTION
After the American
Civil War, three new constitutional amendments were adopted;43
a)
The Thirteenth Amendment, 1865, abolished slavery;
b)
The
Fourteenth Amendment, 1868, which granted
citizenship to those who had been enslaved;
c)
The Fifteenth
Amendment, 1870, which guaranteed formerly enslaved men the right to vote.
The
Fourteenth Amendment placed an important federal limitation on the states by forbidding them to deny to any person ?life, liberty, or property, without due process of law? and
guaranteeing every person within
a state‘s jurisdiction
?the equal
protection of its laws.?
Later interpretations by the Supreme Court in the 20th
century gave these two clauses added
significance. In Gitlow v. New York44, the due process clause was
interpreted by the Supreme Court to broaden the applicability of the
Bills of Rights.
The Supreme Court applied the equal protection clause of
the Fourteenth Amendment in its
landmark decision in Brown v. Board of Education of Topeka, in which it ruled
that racial segregation in public
schools was unconstitutional. In the 1960s and ‘70s the equal protection clause was used by the Supreme Court to extend protections to other areas,
including zoning laws, voting rights, and gender discrimination. The
broad interpretation of this clause has also caused considerable controversy.
After the fourteenth Amendment 1868 they were included
five sections in the USA Constitution,
Section 1 defines that, “All persons
born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States;
nor shall any State deprive
any person of life, liberty,
or property, without
due
43 https://www.britannica.com/topic/Constitution-of-the-United-States-of-America/Civil-liberties-and-the-Bill- of-Rights Last seen on 28/03/2024
44 268 U.S. 652 (1925) decided on June 8, 1925
process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”45
Gong Lum v. Rice, case in which the
U.S. Supreme Court on November 21, 1927, ruled
(9–0) that a Mississippi school board had not violated the Fourteenth
Amendment‘s equal protection clause when it classified a student of Chinese decent
as
?colored? and barred her
from attending a white High
School.
In 1954 the U.S. Supreme Court overturned Cumming
with its decision in Brown v.
Board
of Education of Topeka.46
JUDICIAL INTERPRETATION OF EQUALITY BEFORE
LAW IN INDIAN CONSTITUTION
Over the years, the Indian judiciary has played a significant role in
interpreting and expanding the scope
of Article 14. The Supreme Court has held that the right to equality includes the right to equal access to
justice, the right to live with dignity, the right to a fair trial,
and the right to be free from
discrimination on arbitrary grounds.47
·
State of West Bengal v. Anwar Ali: In this case, the Supreme Court held
that Section 5(1) of the West Bengal Special Courts Act, 1950 was unconstitutional as it conferred
arbitrary power upon the Government to classify cases. The
section was said to lack a nexus between the reasonable classification and
the object of the Act.
·
Indira Gandhi v. Raj Narayan: SC held that the rule of law embodied
in Article 14 is a basic feature of
the Constitution and it cannot be destroyed by
an amendment.
·
RK Garge v. Union of India: In this case the Supreme Court held
that Article 14 forbids
class legislation but it doesn‘t
prohibit reasonable
classification.
·
DS Nakara v. Union of India: In this case, pensioners had been
excluded from additional benefits
received by other pensioners due to the date of their retirement. The petitioners challenged the validity of Central
Civil Services (Pension) Rules, 1972.
The Apex Court held that the selection of the date for the scheme was
arbitrary and without any rational
nexus.
·
Manenka Gandhi v. Union of India: In this case, it was laid down that Article 14 strikes at the arbitrariness in
state actions and ensures equality of treatment.
It also laid down that article 14 forbids class legislation but does not forbid
reasonable classification for
the purpose of legislation.
India
has derived the concept of ?equal protection of the law‘48 from the
US through Article 14 of the Indian Constitution. Right to equality
was considered one of the fundamental features
of the Indian Constitution in the case of Indra Sawhney v. Union of
47 https://lawctopus.com/clatalogue/clat-pg/article-14-under-the-indian-constitution/ Last seen on 28/03/2024
India49. This
provision applies to every
individual who comes under the definition of a person, even if it is a corporation, and all people within the boundaries of India, irrespective of citizenship. Equal justice is the motive behind the concepts
of equality before the law and equal
protection of the law was stated in the case of Ramesh Prasad v. State of Bihar50.
The Constitution of India also provides provisions to make reservations for women and children in the country; nothing shall prevent
them from doing so. This was to ensure the upliftment of underprivileged groups. This was stated in the case of Choki
v. State of Rajasthan51. On the basis
that it makes particular provision for women and is thus protected by article.
The Constitution (First Amendment) Act of 1951 added
article 15(4).
In
this case of D.S. Nakara v. Union of India, the Supreme Court declared Rule 34
of the Central Services (Pension)
Rules, 1972 to be unconstitutional on the grounds that its distinction between pensioners according
to the date of their retirement was ambiguous and in
violation of Article 14 of the Indian Constitution. Therefore, it is certain
that Constitution of India and United
States guarantee the right to equality without discrimination in Indian and United State respectively, taking into
consideration the aforementioned declarations made by the various courts. Accordingly, to the definition of equality
before law, everyone should get the same treatment under the law.
49 Indra Sawhney v. Union of India MANU/SC/0104/1993. 50 Ramesh Prasad v. State of
Bihar MANU/SC/0329/1977 51 Choki v. State of
Rajasthan MANU/RH/0004/1957
CONCLUSION & SUGGESTION
The right to equality
is enshrined in the Indian Constitution, and we all must understand what this means for each of us. In Part III of our series on Fundamental Rights, we looked at
Articles 14 which deals with the right to equality.
These articles prohibit discrimination on grounds such as
religion, caste, sex, or place of birth. They also guarantee equal access to public places and services
and the right to education. Every Indian must
understand these rights and work towards ensuring that everyone enjoys
them equally.
India considered equality as a core subject on the other hand the US
developed the concepts according to
the needs of the society. But the US system and the Indian system are not different. Regarding constitutional
law, Indian shares similarities with the United States more than any other country. Both countries give core values to
the Constitution with a strong procedure for judicial
review, to strike down inconsistent
laws.
India‘s approach is to attain equality in society and protect the rights
of individuals whereas, in America,
it is more of an individual approach. In India, the society‘s mind set should be changed while the government
promotes affirmative action. The authorities can initiate a moral approach. There are still barriers to full
equality for people belonging to disabled
sections, women, economically weaker sections, etc. Government should frame policies
to uplift these groups in particular by addressing their needs. In the US, more attention
should be given to providing opportunities to attain equal success for
individuals, by removing the unequal effects in social groups.
At last, I would like to conclude that as our country is democratic we
have been provided certain
fundamental rights to every citizen and ensure that these rights should not be infringed by anyone i.e. even by
the state. Right to Equality which is provided
by our constitution is not actually
being properly enforced even after so
much legal obligation related to it has been put forward by our
judicial system. Our judiciary along with the other two organs of state are working very hard to maintain equality
among all the citizens of our country
then also until the citizens are not aware of their rights it becomes very difficult
to eradicate inequality. The role of
the citizens became very vital for the protection of their own rights. Right to equality needed to be
applied in a practical sense so that no one is deprived of their rights. From Mahatma Gandhi to
Bhim Rao Ambedkar everyone dream of the country where there is no place of discrimination.
BIBLIOGRAPHY AND WEBLIOGRAPHY
BIBLIOGRAPHY
1)
The Constitution of India.
2)
The Constitution of United State of America.
3)
Federalism (1788)
a book-form Publication of 77 of 85 federalists essay.
4)
Introduction to Bill of Rights.
5)
Maier. Pauline
(2010) Ratification- The People
debate of Constitution.
6)
Basu Durga (1993)
Introduction of Constitution of India 15th
edition.
7)
Basu Durga (2003)
Shorter Constitution of India 13th edition.
WEBLIOGRAPHY
Article Information
COMPARATIVE ANALYSIS OF EQUALITY BEFORE LAW IN INDIA AND UNITED STATE OF AMERICA CONSTITUTION BY: - SHWETA RAVINDRA KANADE
Authors: SHWETA RAVINDRA KANADE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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