A Critical Analysis Of Judicial Approaches To Equal Protection In India

Katam Swarupa, Research Scholar, Department of Law, Osmania University, Hyderabad

ABSTRACT:

Any democratic society is built on the principle of equal protection under the law, which guarantees justice and fairness to all person, regardless of background. India's legal system is largely shaped by the judiciary's interpretation and implementation of equal protection principles. The country is known for its diverse cultural, social, and economic landscape. The present study conducts a critical examination of the judicial perspectives on equal protection in India, delving into the developments, obstacles, and consequences associated with the Indian judiciary's application of this essential principle. The study starts with an outline of the equal protection clauses found in the Indian Constitution, such as Articles 14 and 15. Then, it explores significant court rulings that have influenced Indian perceptions of equality under the law. The study assesses how well judicial interventions address disparities based on caste, religion, gender, and other types of discrimination by carefully examining case law, legislative legislation, and academic commentary. In addition, the examination closely examines the judiciary's role in striking a balance between affirmative action and equality, especially when it comes to affirmative action and reservations that are meant to advance social justice and correct historical injustices. This paper attempts to explain the complexities involved in the Indian judiciary's approach to equal protection by scrutinising judicial pronouncements on controversial topics like reservation quotas, creamy layer exclusion, and the extent of state intervention in matters of religion and personal laws. In the end, this critical analysis clarifies the advantages, restrictions, and potential areas for development in India's equal protection legislative system. Through an analysis of the subtleties of judicial interpretations and their practical ramifications, this research adds to the current conversation in India's multicultural society regarding justice and equality.

Keywords: Judicial approach, Equal protection, India, Constitutional law, Social justice