Protective Discrimination Under Indian Constitution

Harsh Singh, Amity Law School, Lucknow

Dr. Reshma Umair, Amity Law School, Lucknow

ABSTRACT

This essay examines the idea of affirmative action, sometimes referred to as protected discrimination, in light of the Indian Constitution. It looks at the inherent conflict between the need for social justice to remedy historical injustices that some social groups have experienced and the goal of formal equality embodied in the Right to Equality. This essay delves into significant constitutional provisions concerning reservations for Scheduled Tribes, Scheduled Castes, and Other Backward Classes in government employment and educational institutions. It talks about the goals of these programmes, which include empowering marginalised populations and fostering social inclusion. The report also examines the current discussion on protected discrimination. It looks at reasons in favour of and against reservations, such as meritocracy, inefficiency, and the possibility of instilling a sense of entitlement. It also emphasises the Supreme Court's responsibility in determining the parameters and extent of these regulations.

The report ends by highlighting the necessity of ongoing assessment and improvement of India's affirmative action laws. It emphasises how crucial it is to strike a balance between maintaining the values of a meritocratic society and attaining real social fairness. The Constitution of India, which was officially adopted in the year 1950, establishes fundamental guidelines and clauses aimed at ensuring protective discrimination to uphold the rights and welfare of marginalized communities. These underprivileged groups encompass Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), as well as women and children. These particular stipulations are chiefly encapsulated within Articles 14, 15, 16, 17, and 46, among various others, signifying the constitutional dedication towards fostering social justice and inclusivity.

The idea of protective discrimination has been expanded upon and reinforced through diverse judicial analyses conducted by the Indian judiciary. Seminal legal proceedings such as the Indra Sawhney v. Union of India (1992) and M. Nagaraj v. Union of India (2006) cases have delineated the framework of affirmative action and reservations in public employment, reconciling the tenets of equality and meritocracy.

Keywords: Affirmative action, protected discrimination, social justice, reservation, social justice, Schedule Tribe (ST), Schedule Tribe (SC), educational institutions.