PERSPECTIVE OF PROTECTIVE DISCRIMINATION IN INDIA

Abstract

The idea of equality and inequality, the theory that no two people can be equal and the notion that equality of opportunity could combat the drawbacks which many faced due to their social position have occupied the minds of eminent philosophers such as Locke, Rousseau, Huxley and many others. There was nothing ambiguous about the arbitrarily hierarchical and socially and economically exploitative caste system that had guided India since before the Independence. For, centuries, they had been victims of humiliation and oppression and at the dawn of independence, the framing fathers had taken the plight to ensure then with justice- social economic and political, as set forth in the Preamble of the Constitution of India and thus inserted an extraordinary phase for the upliftment of the masses of humanity from the morass of subhuman social existence, abject poverty and economic exploitation too.

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 (through members amendment to that effect) 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.