Why is Protective Discrimination Important?

Protective Discrimination

The concept of Protective Discrimination is the policy of granting special privileges to the abused or oppressed people and to the under-privileged sections of the society.

“Protective” is showing a care to someone.

“Discrimination” is any action, policies or practices that deny an individual or a group for an equal access to the society’s resource, rewards and opportunities.

This is explained in:

1. Safeguards for SC/ST
2. Privileges for Women
3. Provisions for Children

1. Safeguards for SC/ST:

Article-15(4)
Article-15(5)
Article-16(4A)
Article-17

Article – 15(4):

The fourth clause which was added by the constitution (1st Amendment) Act 1951, enables the state to make a special provision for the protection of the interest of the backward classes of citizens and is therefore an exception to the Article-15 and 29(2) of the constitution.

Under clause-15(4), there are 2 things to be determined:

a) Socially and educationally backward classes,

b) The limit of reservation





In this case 1: Balaji

                        V

                    State of Mysore

The Mysore government issued an order under the Article – 15(4) reserving the seats in the medical and engineering colleges in the state as follows:

Backward Classes 28%

More Backward Classes 20%

Scheduled Castes and tribes 18%

Thus, 68% of the seats available in the colleges were reserved and only 32% seats were made available to merit students.

The Supreme Court laid down that there should be no reservation more than 50% if giving more that 50%, then it is Invalid.


In this case 2: Devdasan

                            V

                        Union of India

This case is known as the Carry Forward Rule.

It means that vacancy remains unfilled for the non-availability of the candidates may be filled by reserved candidate in subsequent years.


In the Case 3: Indra Sawhney

                            V

                            Union of India

This case is also known as Mandal Commission Case.

In this case, the Supreme Court over- ruled the decision in the Devdasan Case and upheld the validity of the carry forward rule, subject to the condition that it does not result in Breach of 50% rule.

Article – 15(5):

By the constitution (93rd Amendment) Act 2005, the Parliament inserted the clause (5) in Article-15,

It says that,The state is empowered to make any special provisions for thebackward classes or for the ST and ST, regarding their admission to Education Institution except the minority Educational Institutions as referred in clause (1) of Article-30.

Article – 16(4A):

the newly added clause (4A) empowers the state to make any provision for the reservation in the matters of promotions for SC and ST, which in the opinion of the state is not adequately represented in the services of the state.

Article -17:

Untouchability is abolished.


2. Privileges for Women:

Article – 15(3)

Article – 16(2)

Article-15(3):

Nothing in this Article shall prevent the state from making any special

provisions for the women and children.

Article-16(2):

No citizen shall, on the grounds of only Religion, Race, Caste, Sex,

Descent, place of birth, residence or any of them, be ineligible for or

discriminated against in respect of, any employment or office under

the state.

3. Provisions for Children’s:

Article-15(3)

Nothing in this Article shall prevent the state from making any special

provisions for the women and children.

Conclusion: With this Blog of 'Protective Discrimination', I have explained how to support the minority and protect them from any discrimination.

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