Model Answer
0 min readIntroduction
Affirmative action, also known as positive discrimination, refers to policies designed to address past and present discrimination against historically disadvantaged groups, typically based on race, gender, or caste. Rooted in the principles of social justice and equality of opportunity, it aims to level the playing field and ensure equitable access to education, employment, and other societal benefits. While the concept originated in the United States in the 1960s, it has been adopted, with varying degrees of success and controversy, in numerous countries, including India. In India, affirmative action primarily manifests as reservations in government jobs and educational institutions for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
Theoretical Foundations of Affirmative Action
The justification for affirmative action rests on several philosophical arguments. Corrective Justice posits that those who have been historically wronged deserve compensation. Equality of Opportunity argues that formal equality before the law is insufficient if individuals lack the means to compete effectively. Distributive Justice focuses on ensuring a fairer distribution of resources and opportunities. However, critics argue that affirmative action violates the principle of Equal Treatment, leading to reverse discrimination.
Affirmative Action in India: A Historical Overview
India’s affirmative action policies are enshrined in the Constitution. Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes. Article 16(4) enables similar provisions in matters of public employment. The initial focus was on SCs and STs, with reservations introduced soon after independence. The Mandal Commission (1979) recommended reservations for OBCs, which were implemented in 1990, sparking widespread protests. The 77th and 82nd Constitutional Amendments (1995) formalized OBC reservations.
Implementation and Evolution
The implementation of affirmative action in India has been complex and evolving. The percentage of reservations varies across states and categories. The EWS (Economically Weaker Sections) quota, introduced in 2019, extends reservations to economically disadvantaged individuals from the general category, further expanding the scope of affirmative action. Recent Supreme Court judgments, such as the one in Jarnail Singh v. Lachmi Narain Gupta (2018), have emphasized the need for quantifiable data to determine backwardness and have capped reservations at 50%, although this limit has been exceeded in some states.
Controversies and Challenges
Affirmative action in India faces several criticisms. Concerns are raised about its potential to perpetuate caste identities, lower merit standards, and create a sense of entitlement. Some argue that it has not effectively addressed the root causes of social inequality, such as poverty and lack of access to quality education. The creamy layer concept, introduced to exclude economically advanced sections within OBCs, aims to address some of these concerns, but its implementation remains contentious. Furthermore, the debate continues regarding the appropriate criteria for identifying backward classes and the extent to which reservations should be based on caste versus socio-economic factors.
| Feature | SCs/STs | OBCs | EWS |
|---|---|---|---|
| Constitutional Basis | Article 15(4), 16(4) | Article 15(4), 16(4) (post 77th/82nd Amendments) | Article 15(6), 16(6) (introduced in 2019) |
| Reservation Percentage (National Level - approximate) | 15% + 7.5% (ST) | 27% | 10% |
| Criteria for Identification | Historically disadvantaged due to caste | Social and educational backwardness | Economic backwardness (income limit) |
Conclusion
Affirmative action remains a contentious yet crucial policy in India, aimed at addressing historical injustices and promoting social inclusion. While it has undoubtedly contributed to increased representation of marginalized groups, its effectiveness is limited by implementation challenges and ongoing debates about its fairness and long-term consequences. A holistic approach that combines reservations with investments in education, healthcare, and economic empowerment is essential to achieve genuine equality of opportunity and create a more just and equitable society. The future of affirmative action likely lies in refining existing policies, focusing on socio-economic criteria, and ensuring that benefits reach those most in need.
Answer Length
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