Project submitted by

Bonny Basak
Roll No: - 61
Course: - LLB (3 Years)
Semester: - 1 st
Subjects:Jurisprudence

PROTECTIVE DISCRIMINATION
UNDER
THE INDIAN CONSTITUION
INTRODUCTION
The Indian Constitution is one of the longest Constitutions in the
world. It has 448 articles, 12 schedules and 98 amendments. The Constituent
Assembly had 284 members. It is totally handwritten and calligraphed both
in English and Hindi.
The history of exploitation and oppression of the backward
caste and classes are a known fact in India. As a result the framers of the
Indian constitution tried to improve the position of backward section of the
Indian society who suffered from many civil and social disabilities by granting
some special privileges to them. This refers to protective discrimination.
All policies of affirmative action seek to address some form of group
disadvantage, usually relating to groups defined in cultural terms (women
being a notable exception). Moreover, being grounded in the particularities of
ethnic difference and inequality in a society, all strategies of affirmative
action are necessarily and strongly context-dependent. The distinctiveness
as well as the contradictions of PD policies in India is rooted in the
complexity of Indias cultural diversity which provides the context of the
policies adopted and also helps to explain the imperfections of policy
outcomes. The policy of reservation pursued by the state to bring about
social transformation of the scheduled castes is also known as "Protective
discrimination". For various socio-cultural reasons, the Scheduled Castes
popularly called (Harijans) could not even think of occupational mobility
which could give them a better status in society.

MEANING
Protective discrimination is the policy of granting special
privileges to the downtrodden and the underprivileged sections of society. It
can also be called as reverse discrimination or preferential treatment.
The framers of the Indian Constitution, in their wisdom
incorporated various provisions (Articles 330 to 342) concerning scheduled
castes, scheduled tribes, Anglo-Indian community, and backward classes
granting special privileges. Article 341 empowers president to notify,
territory wise, castes, races or tribes or parts of our groups within castes,
races or tribes which shall for the purposes of this Constitution be deemed to
be scheduled castes. Article 330 provides reservation of seats for scheduled
castes in the House of People and Article 332 in the State Legislatures.
Article 334 lays down the specific period for which the reservation is to be
continued. The period was kept on increasing as the Congress and other
political parties developed vested interesting the sustenance of reservations.
Article 15(1) states that, the state shall not discriminate against
any citizen on ground only of religion, race, caste, sex, place of birth or any
of them', also provides in clause (4) 'Nothing in this article or in clause (2) of
Article 29 shall prevent the state from making any special provision for the
advancement of any socially and educationally backward classes of citizen or
for the scheduled castes and tribes. The Constitution of India authorises
special preferential treatment not only for scheduled castes and tribes, but
for "other socially and educationally backward classes".
CONCLUSION
Reservation in India is a form of affirmative action designed
to improve the well-being of backward and under-represented
communities defined primarily by their caste. But its application in real sense
is a matter of debate.