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.
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