Understanding the Constitution of India and positive discrimination

Abstract

India is a democratic country facing the not so unique challenge of achieving equality in the form of special provisions for all of its citizens. Special provisions are those steps taken by the Indian government for certain classes of the Indian population in order to reach the goal of social equality as laid down by the Constitution of India. The goals of social justice and equality refer particularly to the standing of ‘Scheduled Castes’, the ‘Scheduled Tribes’ and to a limited extent, ‘the Other Backward Classes’. However, the term ‘equality’ needs to be defined in this context. ‘Equality before the law’ is not the same as ‘equal protection of the law’. It is the latter, more positive concept that is upheld by the Constitution of India in the achievement of equality for all of its citizens.