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Merit Beyond Marks: Reimagining Excellence Under The Indian Constitution




Sahil Dahiya, Ph.D. Research Scholar, Department of Laws, Panjab University, Chandigarh


ABSTRACT


The concept of merit has acquired a central position in both public and constitutional discourse. It has been extensively debated, particularly in the context of education. Merit is often considered a fundamental criterion for securing admission to educational institutions and accessing public resources. However, the concept remains complex and is nowhere defined in the fundamental law of the land. It is often understood in terms of the marks secured by a candidate in a competitive examination. This approach is problematic as it tends to stigmatise marginalised students who secure admission through affirmative action policies. Those who secure higher marks are often labelled as more meritorious, while those with comparatively lower marks are considered less meritorious. The social context in which these marks are obtained has often been overlooked. This paper does not disregard the significance of a candidate's performance in an examination; rather, it argues that competitive examination scores cannot be the sole indicator of an individual's merit. Merit is a holistic phenomenon, shaped by multiple factors that collectively contribute to the excellence of a candidate.


The Indian Constitution acknowledges the unequal and hierarchical character of Indian society and, therefore, provides a robust framework for developing an egalitarian society by ensuring equal opportunities to all, irrespective of an individual's social background. Articles 14, 15, and 16, along with the Directive Principles of State Policy, lay down principles that are crucial for addressing historical injustices suffered by marginalised communities. Over the years, the Supreme Court has interpreted merit in light of historical injustice, unequal opportunities, and the constitutional objective of achieving substantive equality. This paper examines how the discourse on merit has evolved over time and how its dimensions have expanded. Merit is no longer viewed merely through the lens of a candidate's academic scores; rather, it is increasingly understood in a broader and more inclusive manner, taking into consideration the socio-cultural background of the candidate.


The researcher adopts a doctrinal methodology to arrive at the conclusions. Through an analysis of judicial pronouncements, books, articles, and other academic literature, this paper explores how the idea of excellence can be reimagined beyond academic marks and understood in accordance with the constitutional vision of a fair and just society.


Keywords: Merit, Excellence, Social Justice, Equal Opportunities, Affirmative Action.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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