Constitutional Amendments And Protective Discrimination Under Article 15

Mr. Vikas, Assistant Professor at C.R Institute of Law (M.D.U), Rohtak.

ABSTRACT

This paper examines the relationship between constitutional amendments and the concept of protective discrimination under Article 15 of the Indian Constitution. Article 15 is critical in prohibiting discrimination based on religion, race, caste, sex, or place of birth, while also permitting affirmative action to uplift historically marginalized communities. The research explores the origins of Article 15, focusing on the framers' intent to create a balanced framework that promotes both equality and social justice.

The study then analyzes how constitutional amendments and judicial interpretations have influenced the development of protective discrimination under Article 15. Key cases, such as Indra Sawhney v. Union of India and Ashoka Kumar Thakur v. Union of India, are discussed to illustrate the judiciary's approach to reconciling the principles of equality with affirmative action.

Additionally, the paper addresses ongoing debates about extending protective discrimination to economically weaker sections and other groups, exploring the potential impact of such measures on the constitutional framework. The research argues that while affirmative action is essential for achieving substantive equality, it must be carefully balanced to prevent further societal divisions.

This paper contributes to the broader discourse on the dynamic interplay between constitutional amendments and the judiciary's role in shaping protective discrimination, emphasizing the need for the Constitution to remain a living document that adapts to the evolving needs of Indian society.

Keywords: Constitution law, Amendments, Protective discrimination, Article 15, Rule of law