AFFIRMATIVE ACTIONS FOR THE BACKWARD CLASS AS CONTEMPLATED UNDER THE INDIAN SOCIO-LEGAL PERSPECTIVE

AUTHOR – ADV. ABHIJEET SUMAN ANAND POKHARNIKAR, LLM STUDENT OF DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADV. ABHIJEET SUMAN ANAND POKHARNIKAR, AFFIRMATIVE ACTIONS FOR THE BACKWARD CLASS AS CONTEMPLATED UNDER THE INDIAN SOCIO-LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 470-482, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract-

“Justice is the first virtue of social institutions.” Affirmative action for India’s backward classes-the eternal verdict of justice is the first virtue of social institutions-underlines and defines the significance of affirmative action as a crucial tool to correct historical injustices and bring about social equity in society.Analysing the socio-legal framework, including constitutional underpinnings, this study examines the subject of affirmative action policies. Article 15(4) and Article 16(4) also grant state power to make special provisions for the advancement of socially and educationally backward classes, in order that they are better-accessed toward education, employment, and political representation.

The paper tries to analyse the historical context that made affirmative action necessary, traces the evolution of policies from the post-independence era to this day, and focuses on landmark judgments by the Supreme Court. It analyses in detail how meritocracy and social justice are balanced to make such affirmative action valid. The paper also deals with an element of critique over the effectiveness of affirmative action in fulfilling its intended goals, focusing on problems of implementation and persistence of inequalities based on caste. Through qualitative and quantitative analysis, the study investigates the social implications of affirmative action in relation to its effects on backward classes in different sectors. Further, it counterbalances those arguments against such policies as reverse discrimination and the potential of it causing the entrenchment of caste identities. Finally, the paper calls for a highly sensitive approach to affirmative action as a tool in effective inclusion in development, and it stresses the importance of continuous scrutiny of policies to change them with shifting societal needs.

In other words, affirmative action still works as a very crucial instrument for initiating the prevalent notion of social justice in India but only when integrated with a collaborative approach, which must include all legal frameworks, an increase in social awareness, and active participation coming from each one of the stakeholders in society.

Keywords:   CONSTITUTION, JUSTICE, SOCIAL, LEGAL, FRAMEWORK, AFFIRMATIVE, SOCIO–LEGAL, FRAMEWORKS, JUSTICE, CONSTITUTION