Year: 2025
Type: article
Abstract: This research paper examines the crucial role played by the Supreme Court of India in interpreting and shaping the principles of protective discrimination as enshrined in the Indian Constitution. Protective discrimination—an integral aspect of India’s commitment to social justice—refers to affirmative action measures aimed at uplifting historically marginalized and disadvantaged groups, particularly the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). The paper delves into the constitutional framework supporting such measures, analyzes landmark Supreme Court judgments, and discusses the evolution of judicial reasoning on the subject. It also critically assesses contemporary challenges and the ongoing debate around meritocracy, equality, and social equity. The analysis is supported with references to case laws, constitutional amendments, and legal commentaries to underscore the nuanced approach adopted by the Indian judiciary. This paper aims to present a comprehensive understanding of how the Supreme Court has navigated the tension between formal equality and substantive equality through its interpretations of protective discrimination.
Authors: Minali Minali, Bodhisatva Acharya, Atal Singh
Institution: Maharaja Agrasen Himalayan Garhwal University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411005869