P R O T E C T I V E D I S C R I M I N AT I O N

UNDER THE INDIAN

CONSTITUTION

INTRODUCTION

One of the main concerns of the founding fathers of

the Indian Constitution was to create an egalitarian society wherein
'justice, social, economic and political' prevails and 'equality of status and
of opportunity' is made available to all. It is not therefore surprising to find
the spirit of 'equality' pervading the provisions of the Constitution. But
because of historical reasons certain classes of Indian citizens were known
to be suffering from several social and economic disabilities and as they
could not effectively enjoy either equality of status or of opportunity, it
was thought prudent that for such period as they take for catching up with
the rest of the society, the Constitution itself should provide for special
treatment to them for certain purposes. Such classes of Indian citizens are
Scheduled Castes, Scheduled Tribes and Backward Classes .Beside this the
women folk of Indian society also suffered from various social, political,
educational and economic disabilities. As a result certain special privileges
are granted to them by the Indian Constitution post independence.

MEANING AND REFLECTION

Protective discrimination is the policy of granting special privileges to the

downtrodden and the underprivileged sections of society, most commonly
women. These are affirmative action programs, most visible in both the
United States and India, where there has been a history of racial and caste
discrimination. The practice is most prominent in India, where it has been
enshrined in the constitution and institutionalized.
The deep concern of the framers of the Constitution for the upliftment of
the Scheduled Castes and Scheduled Tribes and Other Backward Classes
is reflected in the elaborate constitutional mechanism set-up for their
empowerment. Article 17 abolishes untouchability. Article 46 requires the
State to promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and to protect them from
social injustice and all forms of exploitation. Article 15(4) refers to the
special provisions for their advancement. Article 16(4A) speaks of
reservation in matters of promotion to any class or classes of posts in the
services under the State in favour of SCs/STs, which are not adequately
represented in the services under the State. Article 338 provides for a
National Commission for the Scheduled Castes and Scheduled Tribes with
duties to investigate and monitor all matters relating to safeguards
provided for them, to inquire into specific complaints and to participate
and advise on the planning process of their socio-economic envisaged and
provided.
development etc. Article 330 and Article 332 of the Constitution
respectively provide for reservation of seats in favour of the Scheduled
Castes and the Scheduled Tribes in the House of the People and in the
legislative assemblies of the States. Under Part IX relating to the
Panchayats and Part IXA of the Constitution relating to the Municipalities,
reservation for Scheduled Castes and Scheduled Tribes in local bodies has
been envisaged and provided.
Part IX and Part IXA of the Constitution respectively permit the legislature
of a State to make provision for reservation of seats in Panchayat and
Municipalities in favour of backward classes of citizens. Article 340 of the
Constitution provides for appointment of a Commission to investigate the
conditions of Backward classes. Article 16(4) and 16(4A) respectively
permit reservation of appointments or posts and in matters of promotion
in favour of backward classes not adequately represented in the services
under the State. Article 15(4) permits the State to make special provision
for the advancement of any socially and educationally backward classes of
citizen.

CONCLUSION

Initially we all know that the genie of affirmative action

was installed in the Constitution for a temporary period of 10 years, but
fortunately or unfortunately it is on and on till date and the census 2011
has made it more confirmed, threatening the Constitutional goal of
casteless society rather making it a caste based society. Therefore, it
has been tried to find out some agreeable or considerable solutions for
balancing the interest of the persons who are actually socially,
economically and educationally backward without making classification on
the basis of caste, who claims reservations or special provisions by birth.
The debate over affirmative discrimination in India is resentful and is
increasingly finding expression in violence. But a democracy which is
essentially a social contraption is neither dictated by logic nor by ethics.
At the root of democratic success is social engineering which is affected
through political bargaining. In India the process is on and only the future
will tell whether its experiments were in right direction or not.

BIBLIOGRAPHY

1. D.D. Basu- Commentary of the Constitution of India, Vol.1 & 2.

2. B.A.V. Sharma, Reservation Policy in India, Light & Life
Publishers
3. Social Problems in India , Ram Ahuja