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General Studies 2021 GS Paper II 15 marks 250 words Compulsory Analyse

GS Paper II — Q13

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

Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (Answer in 250 words) 15 marks

हिंदी में प्रश्न पढ़ें

संयुक्त राज्य अमेरिका और भारत के संविधानों में, समता के अधिकार की धारणा की विशिष्ट विशेषताओं का विश्लेषण कीजिए। (उत्तर 250 शब्दों में दीजिए)

Q13 of the 2021 UPSC Mains General Studies GS Paper II, as printed
The question as printed in the 2021 General Studies paper
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Model answer

Written by UPSC Answer Check against this question's marking rubric, to the 250-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key.

Constitutional equality in the USA rests on the Fourteenth Amendment’s Equal Protection Clause, requiring states to treat similarly situated persons alike. India’s Articles 14–18 build a broader architecture: Article 14 guarantees equality before law and equal protection; Article 15 prohibits discrimination; Article 16 ensures equality in public employment; Article 17 abolishes untouchability; Article 18 prohibits titles. The American model is formal equality, focused on state non-discrimination; India’s is substantive equality, seeking to remove structural disadvantage.

The distinction appears in classification. The US applies tiered scrutiny: strict scrutiny for suspect classifications such as race, intermediate scrutiny for sex, and rational basis for other classifications. India uses reasonable classification, but since E.P. Royappa v. State of Tamil Nadu, Article 14 also forbids arbitrariness. In Maneka Gandhi v. Union of India, equality was linked to due process, and in Shayara Bano v. Union of India, manifest arbitrariness became a test for constitutional validity.

Permissible special measures differ. In the US, affirmative action is a judicially managed exception, justified by remedial or diversity interests. India expressly mandates protective discrimination under Articles 15(4) and 16(4) for backward classes, SCs and STs, reflecting substantive equality.

Horizontal application differs. The US Equal Protection Clause binds state action, leaving private discrimination to legislation. India, through Article 15(2) and judicial creativity, extends equality against private discrimination in public places and, increasingly, other spheres.

Thus, while the American doctrine offers a framework against state-imposed unequal treatment, India’s constitutional equality is better suited to addressing caste, class and gender-based structural inequalities.

What "Analyse" is asking you to do

Break the subject into its working parts and show how they act on each other. The marks are in the interconnections — which factor drives which, and what the resulting structure explains — not in the inventory of factors.

Structure that answers it

Define the whole → separate it into its parts → show which part drives which → what that interaction produces → what the structure implies

Where marks are lost

A flat list of causes with no account of which drives which. An answer of neatly separated headings, each self-contained, scores as description.

All UPSC directive words, compared →

How this answer will be evaluated

Approach

Framework: GS2 Paper 2 (Polity & Governance). analyse: intro > causes > effects > stakeholders/linkages > way forward Full marks: Sharp contrast of formal vs substantive equality with specific case law.

Key points expected

  • Identify USA's 14th Amendment Equal Protection Clause
  • Identify India's Articles 14-18 (Part III)
  • Contrast 'formal' (USA) vs 'substantive' (India) equality
  • Explain India's 'reasonable classification' vs USA's 'strict scrutiny'

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

  1. The answer Compare the constitutional basis and scope of equality in USA vs India. 15 marks · 250 words

    analyse— intro → causes → effects → stakeholders/linkages → way forward

    Must cover

    • Identify USA's 14th Amendment Equal Protection Clause
    • Identify India's Articles 14-18 (Part III)
    • Contrast 'formal' (USA) vs 'substantive' (India) equality
    • Explain India's 'reasonable classification' vs USA's 'strict scrutiny'

    Loses marks

    • Reciting Articles without comparative analysis
    • Ignoring the 'distinguishing features' aspect of the prompt
    • Failing to mention the specific constitutional provisions

    Earns more

    • Mention USA's 'color-blind' vs India's 'affirmative action' approach
    • Reference landmark cases (e.g., Brown v. Board vs Indra Sawhney)
    • Discuss the role of judicial review in both systems
    • Highlight the 'state action' doctrine in USA vs 'state' in India

    Extra mark

    • Cite specific US Supreme Court judgment on equality
    • Reference specific Indian SC judgment on Article 14

Practice this exact question

Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.

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