“Protective Discrimination" under the Indian Constitution: Some Aspects
By
Dr. Prof. Komatiguntla Madhusudhana Rao
Published In
(Lab Ic 2008)
Introduction
Human societies are inherently in equable and unequal. After the advent of the modern democratic States, all-out efforts are being made by States to remove this inequality in the societies for achieving all round development through their basic constitutional documents by incorporating sufficient constitutional provisions. The Indian Constitution that came into force from 1950 contains detailed provisions for implementing equality in the Indian society. Article 14 provides that the State shall not deny to any person the equality before the law or the equal protection of laws within the territory of India. Thus Article 14 lays down the general theory of equality. Article 15 enumerates the various circumstances in which this general theory of equality as laid down in Article 14, is applied in specified circumstances. Article 15(4) specifically provides that nothing in Article 15 or in Article 29(2) shall prevent the State from making any specia ....