The legal basis for affirmative action in India

Arbeitspapier

The affirmative action policy in India came into practice because of the generations of struggle undergone by the untouchable castes and other backward classes, who were historically excluded from education and administration. As society changed, it was inevitable that the vulnerable groups who had so far been forgotten in terms of social justice should be 'included'. However, this paper finds that, instead of recognizing this need the judiciary continued to apply illogical limitations and age-old precedents that disrupted the implementation of affirmative action. Although the legal basis of affirmative action comes from the Constitution of India itself, which provides for reservation and enables States to make laws to that end, judicial interference has necessitated ongoing legislative changes to keep the needed affirmative action on track. Progress has been made, but it is often a case of 'two steps forward, one step back', and many issues, such as the ceiling on reservations and the categories to be included in it, remain to be resolved.

Object Details

• ISBN: 978-92-9267-205-8
• Language: Englisch

References and Relationships

• Bibliographic citation: Series: WIDER Working Paper ; No. 2022/74

Classification and Topics

• Classification: Wirtschaft ; Measurement and Analysis of Poverty ; Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination ; Job, Occupational, and Intergenerational Mobility; Promotion
• Subject: affirmative action ; reservation ; India ; judicial interference ; social injustice

Contributors, Places and Time

• Event: Geistige Schöpfung
• (who): Munusamy, Kiruba
• Event: Veröffentlichung
• (who): The United Nations University World Institute for Development Economics Research (UNU-WIDER)
• (where): Helsinki
• (when): 2022

Further information

• DOI: doi:10.35188/UNU-WIDER/2022/205-8
• Handle: http://hdl.handle.net/10419/267824
• Last update: 10.03.2025, 11:43 AM CET