Bring out the similarities and differences in the Bill of Rights in the Constitution of the United States and Fundamental Rights in the Constitution of India.
Main Body
Indian Constitution adopted fundamental Rights from US Bill of Rights but enlarged its scope much more than US.
Similarities: (1) Equal protection of laws (Art 14) to ensure people in same situation are treated alike & in absent circumstances tested distinctly (eg - positive affirmation). (2) Right to freedom of expression. (3) Judicial review to protect enforcement of FR.
Differences: (1) Indian situation specific → Art 19 - forbidding unreasonable restriction. (2) Presence of Preventive Detention (Art 22) - (3) Due process of Law in US vs procedure established by law in Art 21 - however both effectively preserve law after Maneka Gandhi case). (4) Comprehensive religious sect which can allow state's interference (A25-28). (5) Restrictions to minorities in India (A29-30). (6) Balance of DPSP & FR relief & individual (Art 51c).
Indian FR law forms the most comprehensive across 9/4
— Aayushi Bansal · AIR 7
Conclusion
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Page 5
Aayushi Bansal
Comparison of Indian Constitutional Scheme with Other Countries
Forms of Government
Bill of Rights vs Fundamental Rights
159
Total words
4
Paragraphs
formal
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