Governance, TLP-UPSC Mains Answer Writing
Q. 3. Compare the Fundamental Rights in the Indian Constitution with the Bill of Rights in the US Constitution. What do these frameworks reflect about the nature of democracy in both countries? (150 words, 10 marks)
Introduction
Fundamental Rights, enshrined in Articles 12–35 of the Indian Constitution, and the US Bill of Rights (first ten amendments) guarantee essential freedoms to individuals. Comparing them reveals how each nation conceptualizes democracy, liberty, and the role of the state.
Body
Comparison of Fundamental Rights and Bill of Rights
| Factor | Indian Constitution | US Constitution |
| Philosophical Basis | Rooted in liberal and socialist ideals; influenced by the Directive Principles (Part IV). | Based on natural rights and Enlightenment philosophy. |
| Scope of Rights | Covers civil, political, and socio-economic rights (e.g., Article 21A – Right to Education). | Focused mainly on civil and political rights. |
| Nature of Rights | Subject to reasonable restrictions (Articles 19(2)–(6)) for public order, morality, etc. | Mostly absolute; restrictions require strict scrutiny by courts. |
| Enforceability | Enforceable under Article 32 (Right to Constitutional Remedies); some rights suspended during emergencies (Art. 359). | Fully enforceable; very limited scope for suspension, even in emergencies. |
| Amendability | Can be amended but not to violate the basic structure (Kesavananda Bharati case). | Very rigid; requires 2/3rd majority in Congress and ratification by 3/4 states. |
| Application | Applies to the state and, in some cases, private actors (e.g., Article 15(2)). | Applies only against the state. |
| Judicial Interpretation | Expansive and evolving (e.g., Right to Privacy, 2017 verdict under Article 21). | Tends to follow originalist or textualist interpretations. |
Implications for Democratic Nature
US Model – Individual-Centric Democracy:
Emphasizes personal liberty, limited government, and judicial supremacy.
Protects civil liberties through strong constitutional safeguards and activism. Example: Strong free speech protections upheld even in controversial contexts.
Indian Model – Balancing Liberty and Social Justice:
Aims to create a just social order through affirmative action and welfare provisions.
Prioritizes community rights and state-led reforms alongside individual freedoms. Example: Reservation policies and the right to education empower the disadvantaged.
Conclusion
Both models aim to uphold democracy, but India promotes religious coexistence while France ensures strict neutrality. Their success depends on balancing liberty, equality, and social harmony within their constitutions.
