AFFIRMATIVE ACTION OF THE STATE UNDER THE CONSTITUTION OF INDIA, 1950: ARTICLE 15

Affirmative Actions are a modern-day societal tool used by governments all around the world in an attempt to reduce the stark contrast between the privileged and underprivileged groups in society, not only in quantitative terms, that is, by improving the financial status of the latter sector but also qualitatively by raising their standard of living, their nutrition intake, their shelter, educational proficiency, societal status, etc. by the means of preferential reservations, special schemes, legislation, and exceptions, etc. The Constitution of India has not only provided for this concept but has also considered it to be the basic fundamental right of its citizens under Article 14-18 of Chapter III. While Article 14 supports the generalized principle of affirmative action that those citizens who exhibit similar characteristics should be treated alike while those sections of society that are different must be treated differently, Articles 15-18, on the other hand, are specialized applications of Article 14 in particular circumstances. This paper focuses on exploring the provisions of Article 15 which enable the state to take affirmative action in favour of particular classes of citizens. i.e. women, children, scheduled castes (SCs), scheduled tribes (STs), economically weaker sections (EWSs) and socially and economically backward classes (SEBCs), critically analyzing each clause under it.