Reassessing Affirmative Action Across Jurisdictions: Navigating Justice In A Globalized World
- IJLLR Journal
- Dec 31, 2025
- 1 min read
Sharadambal. N, LLM (International Trade and Investment Law), Jindal Global Law School, OP Jindal Global University, Sonipat.
ABSTRACT
We live in a world defined by a central paradox between in the era of Globalization and never-ending disparities. The concept of a borderless world grounded in meritocracy and universal human rights, yet entrenched inequalities based on race, caste, and ethnicity persist. Affirmative action, initially established to address historical discrimination, remains central to this contradiction. While designed to achieve substantive justice, the nation- state framework of affirmative action faces increasing challenges in the context of globalization. This paper contends that affirmative action remains necessary, but must be critically reassessed to address contemporary conditions. Three primary factors shape this debate: ideological tensions between neoliberal individualism and group-based justice, the influence of corporations through global diversity, equity, and inclusion (DEI) initiatives, and the emergence of transnational identities resulting from migration and global labour flows. Using a comparative analysis of the United States, India, and South Africa, this paper investigates recent legal and policy developments, such as the 2023 United States Supreme Court decisions on race-based admissions, the expansion of reservation criteria in India, and ongoing transformation initiatives in South Africa.
Keywords: Globalization, Affirmative Action, Inequality, Meritocracy, Neo-liberalism, Human Rights, Transnational, Reservation Policies.
