The Doctrine of Protective Discrimination and Its Role in Social Justice: Insights from Indra Sawhney v. Union of India (1992)

 The concept of protective discrimination, as articulated in Articles 15(4) and 15(5) of the Indian Constitution, plays a crucial role in promoting social justice by providing affirmative action for marginalized communities. This doctrine aims to uplift historically disadvantaged groups, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), ensuring their representation in education and employment. The landmark judgment in Indra Sawhney v. Union of India (1992) significantly shaped this doctrine, clarifying its scope and implementation.

Understanding Protective Discrimination

Protective discrimination refers to policies that provide special privileges to disadvantaged groups to counteract historical injustices. The framers of the Constitution recognized that mere formal equality would not suffice in a society marked by deep-rooted inequalities. Thus, Articles 15(4) and 15(5) were included to allow the State to make provisions for the advancement of socially and educationally backward classes.

Print Page

The Evolution of Federalism in India: From Competitive to Cooperative

The concept of federalism in India has undergone a significant transformation since the adoption of the Constitution in 1950. Initially characterized by competitive federalism, the relationship between the central and state governments has gradually shifted towards cooperative federalism. This article explores this evolution and its implications for governance in India.

Understanding Federalism in India

 Federal Structure

India's Constitution establishes a quasi-federal structure, where the term "federal" is not explicitly mentioned. Instead, it embodies a system of governance that shares powers between the Union and the states. The Seventh Schedule delineates subjects on which both levels of government can legislate, facilitating a cooperative approach to governance.

Print Page

The Election Commission of India: Guardian of Democracy and Free Elections

 The Election Commission of India (ECI) stands as a pivotal institution in the Indian democratic framework, tasked with ensuring that elections are conducted in a free, fair, and impartial manner. Established under the Constitution of India, the ECI plays a critical role in upholding democratic values and maintaining public trust in the electoral process.

 Constitutional Foundations of the Election Commission

The ECI's authority is primarily derived from Article 324  of the Indian Constitution, which empowers it to oversee elections for the Parliament, State Legislatures, and the offices of the President and Vice-President. This article grants the commission broad powers to enforce electoral laws and maintain integrity during elections.

Print Page

What is concept of state under article 12 of Indian Constitution. Is there any need for widening its definition in the wake of liberalization?

 Article 12 of the Indian Constitution plays a crucial role in defining the term "State" for the purposes of enforcing fundamental rights. This definition is pivotal as it determines which entities can be held accountable for violations of these rights, which are enshrined in Part III of the Constitution.

Definition of State Under Article 12

Article 12 states that:

“In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

Print Page