Fundamental Rights Of India And USA - Similarities And Discrepancies

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T19:56:09.784Z

Updated: 2026-08-30T07:05:02.236Z

FUNDAMENTAL RIGHTS OF INDIA AND USA:

SIMILARITIES AND DISCREPANCIES Mahak Rajpal, Amity Law School, Amity University, Rajasthan Karan Choudhary, University Five Year Law College, Rajasthan University

INTRODUCTION

Any democratic nation that enables its citizens to enjoy and exercise the basic human rights guaranteed by the constitution is built on the foundation of fundamental rights. Both India and the United States, nations with democratic systems, have codified fundamental rights in their legal systems; yet, their strategies for dealing with complications differ. The American constitution and the Indian constitution were adopted at separate times in history. The United States constitution has been in place since 1789, whereas the Indian constitution was ratified in 1950. This piece of writing intends to offer insight on the many initiatives that were done in both countries to implement fundamental rights.

This will not only broaden our knowledge but also enable us to recognise and evaluate the positives and negatives of both countries, enabling us to fill in the gaps for future growth and the protection of fundamental rights. The article aims to offer insightful analysis of the subject that will support the development of a fair and inclusive society both domestically and internationally. HISTORY OF INDIAN AND AMERICAN CONSTITUTIONS

INDIAN CONSTITUTION:

Nearly three years of debate in the constituent assembly were witnessed when acceptance on January 26, 1950 was made . To design an equally just and value-based constitution without any form of prejudice, the members of the assembly that wrote the Indian Constitution came from many states. 1 It is correct to say that the Indian Constitution is extremely distinctive in character because it incorporates legal provisions from many different countries, like the UK, USA, France, and Australia, as well as from Indian cultural and religious traditions. It is also true that the Indian Constitution has undergone a number of revisions to address issues that citizens have been facing. In today's culture, the Indian Constitution maintains citizens' basic rights and freedoms while also defining the duties of each and every department of the government.

UNITED STATES CONSTITUTION:

The American Constitution of 1789 was the outcome of American Revolution and the Articles of Confederation, which were adopted in 17772. The American constitution's primary goal was to address the social and economic issues that the younger generation had at the time of the Articles of Confederation. By holding a constitutional convention in Philadelphia in 1787, the issue raised by the Articles of Confederation was resolved. James Madison was present, and it was resolved to rebuild the relationship between the legislative, executive, and judicial branches. It is a truth that before to the adoption of the constitution, America did not grant its citizens any fundamental rights; nevertheless, this changed as a result of the reduction in the federal government's authority and the promotion of these rights.

Nine of the original 13 states ratified the constitution in 1788, and the remaining four states joined after the bill of rights was added in 1991. This contributed to the creation of the federal government. The American constitution has been modified numerous times over the years to guarantee that citizens are granted appropriate individual rights and freedoms. 2 1 Vivek Prahladan , ‘ Emergence of the Indian Constitution ‘ (2012) 47(7) Economic and Political Weekly accessed 12 July 2023.

2 ‘ Constitution of United States – A history ‘ ( National Archives , 7 October 2021 )

accessed 12 July 2023.

SIMILARITIES BETWEEN INDIAN AND UNITED STATES CONSTITUTION

1 FREEDOM OF SPEECH AND EXPRESSION

Article 19[1] of the Indian Constitution guarantees people of India the freedom of speech and expression 3 . For Indian citizens, this guarantees complete freedom of thought and expression, while using this right is also subject to some fair constraints. It is important to keep in mind that this is not an unqualified right and that foreign nationals living in other countries are not eligible for it. The constitution guarantees its residents full freedom of speech, press , association, assembly, and petition. In the eyes of Americans, this right is the lifeblood of all other rights; without it, other rights will perish 4 .

2 RIGHT TO EQUALITY

Both the Indian and American constitutions place a high value on the right to equality, but they take different approaches to it. The Indian Constitution places more focus on equal opportunity with little to no discrimination on any grounds than the American Constitution, which ensures that all citizens of a nation are equally protected. In India, there is a policy mandating equal pay for men and women, but this is not the case in the US. Equal pay for men and women has been forbidden in America under the Equal Pay Act of

1963 5 . Both nations' inhabitants who are 18 years old have the option to cast ballots. Overall,

both nations make sure the right to equality is appropriately put into practise.

3 RIGHT TO LIFE AND PERSONAL LIBERTY

In India, this is the most significant legislation because it promises that everyone must have access to basic necessities like food, clothing, and shelter; it gives one the chance to live in peace; and it includes a number of rights, including the right to the environment and the right to be free from sexual harassment at work

6 . The American Constitution mandates that the government must safeguard individuals' lives

and take all reasonable steps to extend life expectancy 7 . It seeks to lessen hazards that could harm its residents. Contrarily, while permitting its inhabitants to exercise their rights to life and personal liberty, the constitutions of both India and the USA impose fair limitations. DISCREPANCIES BETWEEN INDIAN AND UNITED STATES CONSTITUTION

1 RIGHT TO BEAR ARMS

The second amendment to the 1791 Constitution affirmed the

3 NPradhan , ‘ Constitution of India – Freedom of Speech and Expression , Legal Service India

accessed 12 July 2023. basic right to bear arms, which is why there are so many firearms in American society. In this aspect, it is legal for US citizens to possess weapons for self-defence 8 . To safeguard the populace of a free state, militias must be organised. In the USA, it is against the law to violate this right. The situation in India, however, is different because it does not guarantee any such right that would allow its citizens to carry firearms and weapons with them. 3

2 RIGHT TO PROPERTY

Although both the United States and India recognise this right, they tackled its implementation differently. The right to property was removed from India's list of fundamental rights for its citizens in 1978, although it is still regarded as a human and constitutional right under Article 300A 9 . Only the government is permitted to take immovable property belonging to its residents, as stated in Article 300A, although in the United States, this right is crucial because no public possessions may be taken without fair reimbursement. As a result, it is still acknowledged in the United States as a fundamental right.

3 PRESS FREEDOM

In the present day, press freedom is indispensable, but autocratic and democratic governments take various approaches to it. Press freedom was not granted any authority by the autocratic government, although it was valued highly by the democratic government. Prior to recently, the United States did not value press freedom as a fundamental principle. However, the First Amendment identified the freedom of the press as a basic right a number of years later. The Indian Constitution places a strong focus on the media and identifies press freedom as an essential fundamental entitlement for its people.

4 RIGHT TO REPRODUCTIVE HEALTH

Both nations accorded various degrees of recognition to the right to reproductive health. Contraception, safe abortion, and maternal health are all protected under the Indian Constitution's right to life and personal liberty, whereas the USA does not specifically identify the right to reproductive health as a basic right 10 .

4 ‘ Freedom of Speech and Expression ‘ ( American Civil Liberties Union , 1 March 2002 )

accessed 12 July 2023 .

5 ‘ Distinguishing Features of the notion of equality in the country of USA and India ‘

( IASEXPRESS , 2021 ) accessed 12 July 2023 . 6 Sandhya Prabhakaran , ‘ Right to Life and Personal Liberty : Scope of Article 21 ‘ (2022) 5(4) International Journal of Law Management and Humanities accessed 12 July 2023 .

7 ‘ Article 2 : Right to Life ‘ ( Equality and Human Right Commission , 3 June 2021 )

accessed 12 July 2023. 8 J.Nissha , Comparative Study of Fundamental Rights in India and USA (2023) 11(4) International Journal of Creative Research Thoughts accessed 12 July 2023.

Through the right to privacy, the US Constitution protects women's reproductive health and guarantees that they have full autonomy over their reproductive decisions.4

CONCLUSION

In a nutshell, the constitutional frameworks used by India and the United States are distinct from one another. Undisputedly, both nations prioritise their citizens' fundamental human rights, yet their distinct approaches, legal frameworks, and historical backgrounds set them apart from one another. Due to India's adoption of numerous US Constitutional clauses, some fundamental rights, such as the right to equality, the right to life, and the freedom of speech and expression, are identical. However, there are some major exceptions, including India's rejection of the rights to private property, the right to keep and bear arms, and the right to reproductive health. Both nations promise to allow people to exercise and preach any religion. Due to social development and technological advancement, it is critical to acknowledge how fundamental rights have changed through time.

Positive reforms that can support the promotion of equality and peace in the societies of the two countries may be inspired by this comparative study. 9 Bindu G. K , ‘ Constitutional Right to Property – A Revisit ‘ (2021) 4(2) National Journal of Real Estate Law accessed 12 July 2023 .

10 Tanvi Mathur, ‘ Reproductive Rights For Women in India ‘ , Legal Service India https://www.legalserviceindia.com/legal/article-3372-reproductive-rights-for-women-in-india > accessed 12 July 2023.