The Role of Affirmative Action in Shaping the Indian Constitution’s Commitment to Social Justice

This refers to affirmative action in India-the policy that focuses on historical injustice and social inequalities through opportunities towards marginalized communities. Rooted from the Indian Constitution, these are measures to pursue social justice through equal access for all citizens of resources and opportunities.

**Historical Context

India’s caste system, an ancient social hierarchy, has long dictated the socio-economic dynamics of the country. The communities classified as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) have historically faced systemic discrimination and, therefore, had limited access to education, employment, and political representation. Recognizing these disparities, the framers of the Indian Constitution incorporated provisions to uplift these marginalized groups.

**Constitutional Provisions**

The Indian Constitution contains the principles of equality under Articles 14 to 18. Article 14 provides for equality before the law, whereas Article 15 forbids any discrimination on the basis of religion, race, caste, sex, or place of birth. But Article 15(4) gives power to the state to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs. Likewise, Article 16(4) permits the state to provide reservations in public employment for these groups if they are underrepresented.

**Landmark Judicial Interpretations**

The judiciary has played a significant role in the interpretation of affirmative action policies. In the landmark case of *Indra Sawhney v. Union of India* (1992), commonly known as the Mandal Commission case, the Supreme Court upheld the implementation of reservations for OBCs in central government jobs. The court also introduced the concept of the “creamy layer,” excluding the more affluent members of OBCs from reservation benefits to ensure that affirmative action reaches the truly disadvantaged.

The judiciary has played a significant role in the interpretation of affirmative action policies. In the landmark case of *Indra Sawhney v. Union of India* (1992), commonly known as the Mandal Commission case, the Supreme Court upheld the implementation of reservations for OBCs in central government jobs. Drawing from the work of economist Amartya Sen, Justice Chandrachud argued for an inclusive definition of merit that is consistent with substantive equality.

**Evolving Dimensions of Affirmative Action**

The scope of affirmative action in India has evolved over time. The 103rd Constitutional Amendment introduced a 10% reservation for Economically Weaker Sections (EWS) among the upper castes, marking a shift from caste-based to economic criteria. This move has opened the discussion on traditional basis of affirmative action and the way forward for this policy. In his book, “Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law,” Asang Wankhede sharply critiques this move and explains what it entails about the Constitution and its basic doctrine of substantive equality.

**Issues and Concerns**

Despite noble intentions, affirmative action in India has encountered significant challenges. Critics argue that reservations lead to reverse discrimination and breach the meritocracy principle because reservations are essentially caste-based, leaving scope for the persistence of caste identity. It further leads to a criticism that its benefits do not reach the most marginal within the reserved categories and leads to calls for more nuanced policies.

In the corporate sector, diversity and inclusion initiatives often overlook caste, focusing instead on gender, sexuality, and disability. This omission reflects the sensitivity and complexity surrounding caste issues in modern India. Advocates like Christina Dhanuja and Meenakshi argue for “Indianizing” diversity policies to include caste, suggesting steps like conducting surveys, creating awareness sessions, and reconsidering hiring practices to ensure inclusivity.

**Conclusion**

Affirmative action remains an important component of India’s social justice commitment. Even though much has been done in uplifting marginalized communities, constant assessment and readjustment is needed to handle new challenges so that the fruits of such policies can reach those who need it the most. With India on the move, the affirmative action debate needs to find a delicate balance between the concepts of equality, merit, and social justice in building an inclusive society.