Note4Students
From UPSC perspective, the following things are important :
Prelims level: 14th Amendment of US Constitution
Mains level: Comparison of Indian Constitution
Central Idea
- The US top court ordered the removal of former President Donald Trump from the ballot for the next Presidential elections.
- The decision was based on Section 3 of the Fourteenth Amendment of the US Constitution, relating to Trump’s alleged role in the January 6, 2021, attacks on the US Capitol.
14th Amendment of US Constitution
Details | |
Ratification Date | July 9, 1868 |
Primary Purpose | To address civil rights issues following the Civil War, particularly regarding former slaves. |
Key Clauses | – Citizenship Clause: Citizenship for all persons born or naturalized in the U.S.
– Due Process Clause: Fair legal process required for all citizens. – Equal Protection Clause: Equal legal protection for all citizens. |
Historical Context | Response to post-Civil War issues, including the Black Codes in Southern states. |
Major Significance | – Extended Bill of Rights protections to state actions.
– Foundation for numerous civil rights advancements and Supreme Court decisions. |
Notable Cases | – Brown v. Board of Education (1954) for desegregation
– Roe v. Wade (1973) for abortion rights |
Why in news? | Section 3 disqualifies anyone who, having taken an oath to support the Constitution, engages in insurrection or rebellion against the same, or aids its enemies, from holding any office, civil or military, in the United States.
Applied to Donald Trump |
Impact on Federalism | Altered the balance of power between the federal government and states, especially in civil rights and liberties. |
Similar Provisions in India
Details | |
Equal Protection Clause | Article 14: Indian Constitution guarantees “equality before the law” and “equal protection of the laws” within the territory of India. |
Citizenship Clause | Articles 5 to 11: Deal with aspects of citizenship in India, including citizenship by birth, descent, registration, naturalization, and incorporation of territory. |
Due Process Clause | Article 21: Provides protection of life and personal liberty, stating “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” |
Protection of Civil Liberties | Article 19: Ensures the protection of certain rights regarding freedom of speech, assembly, etc. |
Prohibition of Discrimination | Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. |
Disqualification for Public Office | Representation of the People Act, 1951 (Sections 8, 9, 10, 11): Lays out disqualifications for membership of Parliament and State Legislatures due to criminal convictions, corrupt practices, and certain office-of-profit positions. |
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