Champakam Dorairajan and Equality in Postcolonial India
By
Shiva Santosh Kumar
,
Anish Alok Mohanty
Published In
( September 2014 - Research )
We seek to examine the concept of equality by sourcing practices from the colonial times and analysing the relevance of their continuity today. Srimathi Champakam Dorairajan v State of Madras, AIR 1951 Mad 120 [Hereinafter, ‘Champakam’], a landmark Indian constitutional case on understanding equality, forms the backdrop of this article. We shall scrutinize Champakam through practices aimed at addressing social inequality till that date and thereafter, understand the impact of Champakam in formulating the course of action adopted. Champakam is ideally suited to examine the form of equality which the Constitution has mandated and explain why a degree of flexibility has been restricted to one fundamental right. This article shall address how caste came up to be an important factor despite no Constitutional backing in light of the historical reasons as to why reservation was introduced.
From British Policies to A.15 (4): Placing Champakam in ....