The Principle of Protective Discrimination

The Principle of Protective Discrimination: - the protective discrimination may be clarified as- the discrimination which is allowed by the Constitution of India. “The object is to ensure substantive equality to secure real equality. It is to provide for an egalitarian society woven in to idea of social justice enshrined in the preamble of the Constitution. The constitution of India therefore while securing equality before law and equal protection of laws enable the state to make special provisions for the uplift of the socially and educationally backward classes of citizen, in particular for schedule caste and schedule tribes. It is to enable these sections of the citizens, to complete with advanced sections of the people.” The Articles/Provisions relating to the aforesaid principle of protective discrimination are as follows: - article 14 expresses the reasonable classification, article 15 (3) provides power to make special provisions as to women and children. Article 15 (4) & 15 (5) confer power to state for making the special provisions relating to Socially and educationally backward classes of citizens and schedule caste and schedule tribes, article 16 (3) give power to make the laws in relation to Requirement (s) as to Residence, article 16 (4) is in respect of Reservation to any Backward Class of Citizen article 16 (4A) furnishes Reservation in the matters of Promotion with Consequential Seniority to any class or classes of posts in the services under the state in favour of schedule caste and schedule tribes, article 16 (4B) is with regard to Unfulfilled Vacancy (ies) of a year of the Backward Class of Citizen or Schedule Caste (s) & Schedule Tribe (s) under clauses (4) or (4A) of article 16 Articles 243-D & 243-T are related to reservation seats or offices in Pachayats and Municipalities respectively. Article 330 provides the reservation of seats for Schedule Caste (s) & Schedule Tribe (s) in the house of the people. Article 332 expresses reservation of seats for Schedule Caste (s) & Schedule Tribe (s) in Legislative Assemblies of the State.