CONCEPT OF EQUALITY- USA v/s INDIA
- Equality has been achieved in only an egalitarian society I.e. no class differences. But there is no society that is egalitarian in nature.
- Procedural equality v/s substantive equality
- Procedural equality-
- The USA also has racial inequality (Blacks & other communities v/s White community).
- The backward community does not have access to education, health, and other. In public employment USA does not give any reservation, it is totally based on merit.
- The government provides free education, free health facilities, and free skill so that they can be empowered and can come at par with the white community.
- They have to compete with the white community on an equal level playing field.
- Substantive equality-
- In India, we belied that these communities have been deprived of their rights for many years.
- So the government believed in the concept of Equity (Biased in favour of some communities).
- So we opted for positive discrimination/ affirmative action. So India focused on outcomes and not only on instruments or procedures.
- Direct inducements like free education are not sufficient so we are giving them substance as well as procedure. We focused more on substance.
- Which is a better one?-
- In the USA, first economic democracy (Industrial revolution) emerged then social democracy, and then political democracy so they can focus on procedural equality. So the USA can focus on instruments. The conditions of the USA are different from India.
- In India, the Industrial revolution does not happen thus we have to focus on the substance as well as the procedure. India also focused on output and outcomes
- Discrimination v/s Affirmative action
- Discrimination- It means to make an adverse distinction. It also means distinguishing unfavourably from others.
- Affirmative action is positive discrimination.
- Discrimination for positive purposes or for constructive purposes- Positive discrimination
Comparative analysis between India and USA regarding the right to equality
-
USA INDIA The right to equality is derived from the Bill of rights Our constitution makers have included this Right to equality in Fundamental Rights In the USA, this right to equality was included as part of the 14th Amendment to their constitution in 1868 FRs are included in part III of our constitution In the USA, the right to equality emphasizes more on equal protection of laws. It is a positive concept. In India, the right to equality includes both equality before the law and equal protection of the law. It includes both British and American concepts. In the USA, the emphasis is more on civil and legal equality. In India, the emphasis is on Civil, legal, socio, and economic equalities. In the USA, the focus is on procedural equality i.e. equality of opportunities. The objective is to make weaker sections equal to other sections by providing them with free education, health, and so on. So that there will be equality of opportunities. In India, apart from procedural equality our constitutional makers also focused on substantive equality. It means it will go beyond the equality of opportunities and focus more on the equality of outcomes. It also prevents discrimination (negative ) and abolishes untouchability. - Our constitutional forefathers thought that we must end discrimination and the same time we must promote the interest and welfare of the socially and educationally backward classes. We must empower them. This is the concept of EQUITY.
ARTICLE 15 OF THE INDIAN CONSTITUTION CONTINUED..
- Why untouchability came into existence?
- In ancient times, there was no caste system (Harappan era). With the development, of Iron, a sedentary lifestyle started, and they started cultivating the land.
- After that, they moved towards a hierarchical society- Landless and landlordism.
- After that, they moved towards the monarchy. then the caste system came into existence.
- Society was backward and people were unknown of the natural phenomenon then, Brahmins became the medium through which they can connect with god.
- Later Janpadas and Mahajanpadas evolved with better societal life. The people living in forests wanted to integrate with the Mahajanpadas.
- The outsiders were integrated but they have to stay outside the city limits.
- The people living outside the city limits were called Untouchables.
- After this in independent India, reservation provisions were enacted to do justice to the historical wrongs.
- What was supposed to be for 10 years (Dr B R Ambedkar), became a political tool/ instrument for the politicians.
- The concept of reservation has become a political tool rather than a tool to do social justice.
- There are 4 exceptions to Article 15 i.e. to non-discrimination
- 1) The state is permitted to make special provisions for women and children. For Example- Reservations for women in Local self-governments, the Right to Education- children are given Free and compulsory education between 6-14 years and a Mid-day meal scheme.
- [* Why reservations have failed ?- Political democracy is meaningless without social and economic democracy that is why reservation has failed to bring empowerment].
- 2) The State is also permitted to make any special provisions for the advancement of any socially and educationally backward sections of society or for SCs and STs. Examples- Reservations, Providing free education, and other subsidies to these sections of this society.
- 3) The State is also empowered to make special provisions for the advancement of socially and educationally backward sections and also for SCs and STs in admission into academic institutions including private educational institutions whether they are aided or unaided by the state, except for minority educational institutions.
- 4) The state is also empowered to make special provisions for the advancement of any economically weaker sections of society (103rd Constitutional amendment 2019). The state is also allowed to make a provision for the reservation of up to 10% of seats for economically weaker sections in admission into educational institutions including private educational institutions except for minority educational institutions.
- Note:- Economically weaker sections would be notified by the state from time to time on the basis of their family income and other indicators
- Note:- 93rd Constitutional Amendment Act has provided 27% reservations to OBCs in all central higher education institutions including IITs and IIMs. This was passed in 2005. SC in 2008, directed the central government to exclude the Creamy layer among the OBCs while implementing these reservations.
ARTICLE 16 OF INDIAN CONSTITUTION - EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT
- Article 16 provides for equality of opportunities for all citizens in matters of employment or appointment to any office under the state. No citizen can be discriminated against for any employment or office under the state only on the grounds of Religion, Race, Caste, Sex, Descent, Place of birth, or Residence.
- There are 4 exceptions to Article 16
- 1) Parliament can prescribe Residence as a condition for certain employment or appointment in a state or Union territory, or, Local authority, or any other authority. At present, this provision is applicable only to the states of Andhra Pradesh and Telangana under Article 371 D.
- [* Why State assembly is not given power?- The idea of India will vanish. The idea of the fraternity will vanish. There will be more identities. The unity and integrity of the nation will be threatened.]
- 2) The state can provide for reservations or appointments in favour of any backward class i.e. not adequately represented in the state services.
- 3) A law can also provide that the incumbent of an office related to religious or denominational institutions or a member of its governing body should belong to that particular religion or denomination.
- [* The state can come out with a law and state that the temple trust or other religious institutions can say that the priest and members should belong to a particular caste, religion, community, etc]
- 4) The state is permitted to make a provision for the reservations up to 10% of appointments or posts in favour of any economically weaker sections of citizens. This reservation can be up to 10% in addition to existing reservations.
RESERVATIONS
- In 1979, Janta party Government appointed a commission under the chairmanship of Justice V P Mandal under article 340 to investigate the conditions of socially and educationally backward classes and suggest measures for their advancement.
- It has been identified that they constitute 52% of the overall population excluding SCs and STs. It has recommended 27% of reservations to these sections so that overall reservations do not exceed 50%.
- In 1990, the National Front government led by V P Singh declared reservations of 27% in government jobs to OBCs.
- In 1991, the congress government introduced two changes
- a) Preference will be given to the poorest sections among OBCs in the 27% quota
- b) Another 10% of reservations would be given to other economically backward sections that are not covered by the existing scheme of reservations.
- SC came out with a famous Judgment in the Mandal case wherein it ruled that the creamy layer (Advanced sections) should be excluded among the OBCs from the list of beneficiaries.
- It has also ruled that no reservations can be given in promotions.
- The total reserved quota should not exceed 50% except in extraordinary circumstances. It has struck down EWS reservations.
- In 2019, the 103rd constitutional amendment Act provided reservations for economically weaker sections among forward castes. The SC has upheld these reservations with a 3:2 majority verdict.
- Can reservations be solutions to the problems of increasing poverty and unemployment?
- In 1991, India opted for Liberalization, Privatization, and Globalization, the tole of state has changed drastically in the age of globalization. At the same time, the country also witnessed competitive populism in elections. India has first past the post electoral system.
- It gives opportunities for political parties to create vote banks through Identity politics i.e. they can easily command the loyalty of different sections of society by promising them benefits in the form of reservations
- Question:- Analyze the distinguishing features of the notion of equality in the constitutions of the USA and India. (250 words/ 15 marks).
The Topic for the next class:- Articles 16, 17, and 18 of the Indian constitution.
Here are 40 multiple-choice questions (with more than one option correct) based on the provided class notes. The answers are provided after each question.
1. Procedural equality emphasizes:
a) Equal protection of laws
b) Equality before the law
c) Equality of opportunities
d) Equality of outcomes
Answer: c) Equality of opportunities
2. Substantive equality focuses on:
a) Equal protection of laws
b) Equality before the law
c) Equality of opportunities
d) Equality of outcomes
Answer: d) Equality of outcomes
3. Which country focuses more on procedural equality?
a) USA
b) India
Answer: a) USA
4. Which country focuses more on substantive equality?
a) USA
b) India
Answer: b) India
5. Discrimination means:
a) Making an adverse distinction
b) Distinguishing unfavourably from others
Answer: Both a) and b)
6. Affirmative action is:
a) Discrimination
b) Positive discrimination
Answer: b) Positive discrimination
7. The right to equality in the USA is derived from:
a) Bill of Rights
b) 14th Amendment
Answer: Both a) and b)
8. In India, the right to equality includes:
a) Equality before the law
b) Equal protection of the law
c) Socio-economic equalities
d) Civil and legal equality
Answer: All of the above (a), (b), (c), and (d)
9. The emphasis on civil and legal equality is more in:
a) USA
b) India
Answer: a) USA
10. The emphasis on socio-economic equality is more in:
a) USA
b) India
Answer: b) India
11. Article 15 of the Indian Constitution permits special provisions for:
a) Women and children
b) Socially and educationally backward sections
c) SCs and STs
d) Economically weaker sections
Answer: All of the above (a), (b), (c), and (d)
12. Article 16 of the Indian Constitution provides equality of opportunity in:
a) Public employment
b) Private employment
Answer: a) Public employment
13. Residence can be prescribed as a condition for employment in a state under Article 16 by:
a) Parliament
b) State assembly
Answer: a) Parliament
14. Reservations in public employment can be provided for:
a) Backward classes
b) Religious or denominational institutions
c) Economically weaker sections
Answer: All of the above (a), (b), and (c)
15. The Mandal Commission recommended reservations of what percentage for socially and educationally backward classes (excluding SCs and STs)?
a) 27%
b) 50%
c) 10%
Answer: a) 27%
16. The creamy layer among OBCs was excluded from the list of beneficiaries of reservations in which judgment?
a) Mandal case
b) National Front case
Answer: a) Mandal case
17. Reservations cannot be given in:
a) Promotions
b) Appointments
Answer: a) Promotions
18. The total reserved quota should not exceed what percentage?
a) 50%
b) 10%
Answer: a) 50%
19. The 103rd Constitutional Amendment Act provided reservations for economically weaker
sections among which castes?
a) SCs
b) STs
c) Forward castes
Answer: c) Forward castes
20. Reservations can be a solution to the problems of increasing poverty and unemployment.
a) True
b) False
Answer: b) False
21. Reservations in India are implemented for:
a) Social justice
b) Political tool/ instrument
Answer: Both a) and b)
22. Competitive populism in elections can lead to the creation of vote banks through:
a) Identity politics
b) Economic reforms
Answer: a) Identity politics
23. Untouchability came into existence during which historical period?
a) Harappan era
b) Monarchy
c) Sedentary lifestyle
Answer: b) Monarchy
24. The caste system originated with the development of which?
a) Iron
b) Agriculture
c) Sedentary lifestyle
Answer: a) Iron
25. Brahmins became the medium through which people connected with:
a) God
b) Monarchy
c) Untouchables
Answer: a) God
26. Janpadas and Mahajanpadas evolved for better societal life and integration of:
a) Outsiders
b) Brahmins
c) Untouchables
Answer: a) Outsiders
27. Untouchables were people living outside the city limits and were called:
a) Brahmins
b) Janpadas
c) Untouchables
Answer: c) Untouchables
28. Reservation provisions were enacted in independent India to address:
a) Historical wrongs
b) Political interests
Answer: a) Historical wrongs
29. The concept of reservation has become more of a political tool than a tool for social justice.
a) True
b) False
Answer: a) True
30. Article 15 of the Indian Constitution permits special provisions for which group?
a) Women and children
b) Socially and educationally backward sections
c) Economically weaker sections
Answer: All of the above (a), (b), and (c)
31. Article 16 of the Indian Constitution provides for equality of opportunity in:
a) Public employment
b) Private employment
c) Education
Answer: a) Public employment
32. The reservation quota for economically weaker sections can be up to what percentage?
a) 10%
b) 27%
Answer: a) 10%
33. The Mandal Commission recommended reservations for which group?
a) SCs and STs
b) OBCs
c) Economically weaker sections
Answer: b) OBCs
34. The creamy layer among OBCs was excluded from reservations by which judgment?
a) Mandal case
b) National Front case
Answer: a) Mandal case
35. Reservations cannot be given in which category?
a) Promotions
b) Appointments
c) Education
Answer: a) Promotions
36. The total reserved quota should not exceed what percentage?
a) 50%
b) 10%
Answer: a) 50%
37. The 103rd Constitutional Amendment Act provided reservations for which group?
a) SCs
b) STs
c) Economically weaker sections among forward castes
Answer: c) Economically weaker sections among forward castes
38. Reservations can be a solution to the problems
of increasing poverty and unemployment.
a) True
b) False
Answer: b) False
39. India opted for Liberalization, Privatization, and Globalization in which year?
a) 1947
b) 1991
c) 2019
Answer: b) 1991
40. Political parties can create vote banks through:
a) Identity politics
b) Economic reforms
Answer: a) Identity politics
Here are 8 Match the Column questions based on the class notes you provided:
Question 1:
Match the following concepts with their corresponding descriptions:
A) Procedural equality
B) Substantive equality
1) Focuses on outcomes and equality of opportunities
2) Focuses on instruments and merit-based competition
Answer 1:
A - 2
B - 1
Question 2:
Match the following terms with their corresponding definitions:
A) Discrimination
B) Affirmative action
1) Making an adverse distinction or unfavorable treatment
2) Positive discrimination for constructive purposes
Answer 2:
A - 1
B - 2
Question 3:
Match the features of the right to equality in the USA and India:
A) USA
B) India
1) Derived from the Bill of Rights - FRs included in part III of the Constitution
2) Emphasizes civil and legal equality - Emphasizes civil, legal, socio, and economic equalities
3) Focuses on procedural equality - Focuses on procedural and substantive equality
4) Based on the 14th Amendment - Included in the Indian Constitution by the constitutional makers
Answer 3:
A - 4, 2, 3, 1
B - 1, 4, 2, 3
Question 4:
Match the exceptions to Article 15 of the Indian Constitution with their descriptions:
A) Special provisions for women and children
B) Special provisions for socially and educationally backward sections
C) Special provisions for admission into academic institutions
D) Special provisions for economically weaker sections
1) Reservation for women in local self-governments and education
2) Reservation for socially and educationally backward sections or SCs and STs
3) Reservation for economically weaker sections
4) Reservation for admission into academic institutions
Answer 4:
A - 1
B - 2
C - 4
D - 3
Question 5:
Match the exceptions to Article 16 of the Indian Constitution with their descriptions:
A) Residence as a condition for employment
B) Reservations for backward classes
C) Religious or denominational requirements
D) Reservations for economically weaker sections
1) Residence prescribed as a condition for employment
2) Reservations for backward classes not adequately represented
3) Religious or denominational requirements for specific offices
4) Reservations for economically weaker sections in addition to existing reservations
Answer 5:
A - 1
B - 2
C - 3
D - 4
Question 6:
Match the historical events with their impact on the caste system:
A) Development of Iron and sedentary lifestyle
B) Evolution of Janpadas and Mahajanpadas
C) Integration of outsiders living outside city limits
1) Introduction of caste system
2) Integration of outsiders as untouchables
3) Hierarchical society and landlordism
Answer 6:
A - 3
B - 2
C - 1
Question 7:
Match the following reservation-related events with their descriptions:
A) Appointment of Mandal Commission
B) National Front government's reservations for OBCs
C) Introduction of changes by the Congress government
1) Recommended 27% reservations for OBCs
2) Reservations of 27% in government jobs for OBCs
3) Preference for the poorest sections among OBCs and additional 10% reservations for economically backward sections
Answer 7:
A - 1
B - 2
C - 3
Question 8:
Match the statements about reservations with their corresponding explanations:
A) Reservations as a political tool
B
) Reservations as a solution to poverty and unemployment
1) Reservations becoming a political tool instead of social justice
2) Reservations being an effective solution for poverty and unemployment
Answer 8:
A - 1
B - 2
Q1: What is the concept of equality in an egalitarian
society?
A1: Equality in an egalitarian society means the absence of
class differences.
Q2: Is any society completely egalitarian in nature?
A2: No, there is no society that is completely egalitarian.
Q3: What is procedural equality?
A3: Procedural equality focuses on equal opportunities.
Q4: Does the USA have racial inequality?
A4: Yes, the USA experiences racial inequality, particularly
between the white community and other communities such as blacks.
Q5: Does the USA provide reservations in public employment?
A5: No, the USA does not provide reservations in public
employment and follows a merit-based selection process.
Q6: How does India address inequality?
A6: India addresses inequality through positive
discrimination or affirmative action. It provides free education, health
facilities, and skills training to empower disadvantaged communities.
Q7: What does substantive equality focus on?
A7: Substantive equality focuses on equal outcomes, going
beyond just procedures and instruments.
Q8: Which approach to equality is better for the USA?
A8: The USA can focus more on procedural equality due to its
historical development and different conditions.
Q9: Which approach to equality is better for India?
A9: India focuses on both procedural and substantive
equality due to its unique conditions, emphasizing outcomes along with
opportunities.
Q10: What is discrimination?
A10: Discrimination refers to making adverse distinctions
and distinguishing unfavorably from others.
Q11: What is affirmative action?
A11: Affirmative action is positive discrimination aimed at
promoting constructive purposes.
Q12: How does the USA derive the right to equality?
A12: The right to equality is derived from the 14th
Amendment to the US Constitution, included in the Bill of Rights in 1868.
Q13: How is the right to equality emphasized in the USA and
India?
A13: In the USA, the emphasis is on equal protection of
laws, while in India, it includes both equality before the law and equal
protection of the law. India also focuses on socio-economic equality.
Q14: What is the objective of equality in the USA?
A14: In the USA, the objective is to achieve equality of
opportunities, ensuring weaker sections have access to education, health, and
other resources.
Q15: What is the objective of equality in India?
A15: In India, the objective is to achieve equality of
outcomes along with equality of opportunities, preventing discrimination and
promoting the welfare of backward classes.
Q16: How did untouchability come into existence?
A16: Untouchability came into existence as certain groups
were segregated outside city limits in hierarchical societies with the
development of the caste system.
Q17: How has reservation in India become a political tool?
A17: Reservation provisions, originally intended for social
justice, have been exploited for political gains, extending beyond the intended
timeframe.
Q18: What are the exceptions to Article 15 of the Indian
Constitution?
A18: Exceptions to Article 15 include special provisions for
women and children, socially and educationally backward sections, SCs and STs,
and economically weaker sections.
Q19: What does Article 16 of the Indian Constitution ensure?
A19: Article 16 ensures equality of opportunity in public
employment without discrimination based on religion, race, caste, sex, descent,
place of birth, or residence.
Q20: What are the exceptions to Article 16?
A20: Exceptions to Article 16 include residence-based
conditions, reservations for backward classes, religious or denominational
institutions, and reservations for economically weaker sections.
Q21: When was the Mandal Commission appointed?
A21: The Mandal Commission was appointed in 1979.
Q22: What recommendations did the Mandal Commission make
?
A22: The Mandal Commission recommended 27% reservations for
socially and educationally backward classes, ensuring that the overall
reservations do not exceed 50%.
Q23: When were reservations for OBCs introduced in
government jobs?
A23: Reservations for OBCs in government jobs were
introduced in 1990 by the National Front government.
Q24: How did the Congress government modify reservations in
1991?
A24: The Congress government introduced changes such as
giving preference to the poorest sections among OBCs and introducing
reservations for economically backward sections not covered by existing
reservations.
Q25: What did the Supreme Court rule in the Mandal case?
A25: The Supreme Court ruled that the creamy layer (advanced
sections) among OBCs should be excluded from the list of reservation
beneficiaries and that reservations cannot be given in promotions.
Q26: What is the maximum percentage for reserved quota
according to the Supreme Court?
A26: The Supreme Court stated that the total reserved quota
should not exceed 50% except in extraordinary circumstances.
Q27: When were reservations provided for economically weaker
sections among forward castes?
A27: Reservations for economically weaker sections among
forward castes were provided through the 103rd Constitutional Amendment Act in
2019.
Q28: Has reservation alone solved the problems of poverty
and unemployment?
A28: No, reservations alone are not a comprehensive solution
to poverty and unemployment, especially in the context of globalization and
changing roles of the state.
Q29: What role has competitive populism played in
reservations?
A29: Competitive populism in elections has led to
reservations becoming a political tool rather than a means for social justice.
Q30: How has reservation failed to bring empowerment?
A30: Political democracy is meaningless without social and
economic democracy, and reservations have failed to bring about true
empowerment.
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