Affirmative Action in India

Affirmative Action in India refers to a set of state-led policy interventions aimed at correcting historical and structural injustices faced by certain social groups. These policies seek to ensure substantive equality, not merely formal equality, by providing preferential support to communities that were systematically excluded from education, employment, and political power.

In the Indian context, affirmative action primarily targets:

• Scheduled Castes (SCs)
• Scheduled Tribes (STs)
• Other Backward Classes (OBCs)
• Economically Weaker Sections (EWS)

The philosophical foundation of these measures lies in the constitutional vision of social justice, equality of opportunity, and inclusive development.

Key Affirmative Action Measures in India

1. Reservations in Education and Employment

The Indian Constitution provides explicit enabling provisions for reservations:

• Article 15(4) – Special provisions for socially and educationally backward classes in education
• Article 16(4) – Reservation in public employment for backward classes
• Article 16(6) – Reservation for Economically Weaker Sections

These provisions ensure quotas for SCs, STs, OBCs, and EWS in educational institutions and government jobs, thereby improving representation and access to opportunities.

2. Political Representation

To ensure that marginalized groups have a voice in governance, the Constitution mandates:

• Reserved seats for SCs and STs in Parliament and State Legislatures
• Reservation for women and marginalized communities in Panchayati Raj Institutions and Urban Local Bodies

This institutional mechanism promotes inclusive decision-making and democratic participation.

3. Legal Safeguards

Protective legislation such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides legal protection against → Discrimination, Violence, Social and economic exploitation

These safeguards strengthen the rule of law and uphold dignity and equality.

4. Targeted Welfare Schemes

The government supplements reservations with focused welfare interventions, including:

• Scholarships
• Hostels
• Skill development programs
• Economic assistance schemes

These measures aim to address capability deprivation and support educational and economic advancement.

Significance of Affirmative Action

Promotes Social Justice

Affirmative action addresses historical injustices arising from caste-based exclusion and enables a more equitable social order.

Enhances Diversity and Inclusion

Representation of diverse social groups in education, employment, and governance enriches institutions with multiple perspectives and experiences.

Economic Empowerment

Improved access to education and jobs helps reduce poverty, inequality, and intergenerational disadvantage.

Boosts Political Participation

Reserved political spaces ensure that marginalized communities actively participate in policymaking and governance.

Reduces Discrimination

Legal safeguards and institutional support help curb systemic discrimination and promote fairness.

Enables Socio-Economic Mobility

Affirmative action creates pathways for upward mobility, helping individuals improve their socio-economic status over time.

Landmark Judicial Pronouncements on Affirmative Action

Indra Sawhney case (1992)

Popularly known as the Mandal case, this judgment:

• Upheld 27% reservation for OBCs in central government jobs
• Recognized caste as a valid indicator of social and educational backwardness
• Introduced the “creamy layer” principle to exclude affluent OBCs
• Fixed a 50% ceiling on total reservations

Janhit Abhiyan v. Union of India

The Supreme Court upheld the 103rd Constitutional Amendment, allowing:

• 10% reservation for EWS in education and public employment
• Reservation even beyond the 50% cap, marking a significant constitutional shift

State of Punjab v. Davinder Singh

The Court permitted sub-classification within SC and ST categories, enabling states to prioritize the most marginalized groups within these categories.

Jarnail Singh v. Lachhmi Narain Gupta

The Court clarified that:

• States need not prove backwardness of SC/STs for promotions
• However, they must provide quantifiable data on inadequate representation

Reservation in Local Bodies Case (2021)

The Supreme Court laid down a three-step test for OBC reservation in local bodies:

1. Appointment of a dedicated commission
2. Collection of empirical data
3. Compliance with the 50% ceiling

Rohini Commission on Sub-Categorisation of OBCs

The Rohini Commission revealed severe internal inequalities within OBCs:

• 25% of OBC sub-castes cornered 97% of reservation benefits
• 37% of OBC communities had zero representation

This was the first comprehensive empirical exercise providing granular data on OBC socio-economic status, strengthening the case for sub-categorisation to ensure equitable distribution of benefits.

International Perspective: US Supreme Court Ruling (2023)

On June 29, 2023, the US Supreme Court struck down race-based college admissions at:

• Harvard College
• University of North Carolina

The Court held that such practices violated the Equal Protection Clause of the Fourteenth Amendment and mandated the adoption of race-neutral criteria, highlighting a contrasting global approach to affirmative action.

Challenges of Affirmative Action

• Perception of Unfairness: Often viewed as reverse discrimination
• Stigmatization: Beneficiaries may face prejudice and reduced social legitimacy
• Resistance and Backlash: Political and legal opposition slows reforms
• Resource Constraints: Limited fiscal and administrative capacity
• Measuring Impact: Long-term outcomes are difficult to quantify
• Administrative Complexity: Requires extensive coordination and monitoring
• Balancing Merit and Equity: A persistent policy dilemma

Way Forward and Policy Suggestions

• Strengthen implementation and monitoring through robust oversight, regular evaluation, and data-driven policy corrections
• Broaden the scope by integrating income-based and intersectional criteria such as gender, disability, and region
• Enhance public awareness and capacity-building to empower beneficiaries and reduce stigma
• Promote stakeholder participation and regularly update policies to build consensus and ensure legal sustainability
• Balance merit and equity through inclusive, merit-based frameworks supplemented with mentorship and support systems
• Encourage private sector participation via voluntary affirmative action and public-private partnerships

UPSC Takeaway

Affirmative Action in India is not merely a welfare policy but a constitutional instrument of transformative justice, constantly evolving through judicial interpretation, empirical evidence, and democratic debate.