While Article 14 guarantees equality, the Indian Constitution also allows affirmative action (reservations) under Articles 15(4) and 16(4) to uplift socially and educationally backward classes—striking a balance between formal equality and real-world equity.
📚 Introduction
In India, equality isn’t about treating everyone the same, but about ensuring that everyone starts from a level playing field. This is where the Right to Equality and the concept of affirmative action (especially reservations) come together.
The Constitution promises equality of opportunity but also recognizes that centuries of discrimination—especially caste-based—cannot be erased without positive support for disadvantaged groups.
📜 Key Constitutional Provisions
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Article 14 – Equality before the law and equal protection of laws for all persons.
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Article 15 – Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
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Article 15(4) – Allows special provisions for socially and educationally backward classes, SCs, and STs.
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Article 15(5) – Permits reservations in educational institutions, including private ones (excluding minority-run).
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Article 16 – Equal opportunity in public employment.
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Article 16(4) – Allows reservations in jobs for backward classes not adequately represented.
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Article 16(4A) – Enables reservations in promotions for SCs/STs.
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🔁 Equality vs Equity
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Formal equality (Article 14): Treats everyone the same.
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Substantive equality (affirmative action): Gives special treatment to historically oppressed groups so they can compete fairly.
🟢 The Constitution favors substantive equality, to correct past injustices and ensure inclusive development.
🧑⚖️ Landmark Supreme Court Judgments
1. Indra Sawhney v. Union of India (1992)
– Known as the Mandal Commission case.
– Upheld 27% OBC reservations.
– Introduced the “creamy layer” concept—economically advanced OBCs should be excluded from quota benefits.
– Set the 50% cap on total reservations (except in extraordinary situations).
2. M. Nagaraj v. Union of India (2006)
– Upheld reservation in promotions, but only if:
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There is quantifiable data showing backwardness and inadequate representation.
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It doesn’t affect administrative efficiency.
3. Jarnail Singh v. Lachhmi Narain Gupta (2018)
– Refined Nagaraj. Said no need to prove backwardness again for SCs/STs for promotions.
4. EWS Reservation – 103rd Amendment (2019)
– Introduced 10% reservation for Economically Weaker Sections (EWS) in general category.
– Upheld by Supreme Court in Janhit Abhiyan v. Union of India (2022).
– Marked a shift by including economic criteria in affirmative action.
📈 Who Benefits from Reservations Today?
| Category | Quota (%) |
|---|---|
| Scheduled Castes (SC) | 15% |
| Scheduled Tribes (ST) | 7.5% |
| Other Backward Classes (OBC) | 27% |
| Economically Weaker Sections (EWS – General) | 10% |
| Total | Up to 59.5%, sometimes more in certain states |
⚖️ Ongoing Debates
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Should reservation be caste-based or income-based?
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Is the 50% cap still relevant after the EWS judgment?
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Are creamy layer principles fairly applied?
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Should private sector be brought under the reservation umbrella?
🧠 Why It Matters
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Ensures representation of historically excluded communities in education and jobs
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Promotes social justice and inclusion
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But requires careful implementation, so it does not dilute merit or breed resentment
🧩 Conclusion
Equality in India is not about sameness—it’s about fairness. Affirmative action, when implemented wisely, is not favoritism; it is a tool to level the field after centuries of structural discrimination.
The Constitution doesn’t just give rights—it empowers the State to correct deep-rooted injustices and build a truly inclusive India.