RECONCEPTUALIZING SOCIAL JUSTICE AND AFFIRMATIVE ACTION IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS

AUTHOR – DR MONALISA CHANDRA, ASSISTANT PROFESSOR (RESEARCH) UCRD,, CHANDIGARH UNIVERSITY. ORCID ID: HTTPS://ORCID.ORG/0000-0002-3838-4471

BEST CITATION – DR MONALISA CHANDRA, RECONCEPTUALIZING SOCIAL JUSTICE AND AFFIRMATIVE ACTION IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.834-864, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JVGO7730

ABSTRACT

 Ancient social hierarchies and inequalities in India have perpetuated social stratification and unequal resource access. The Indian social divide based on class, caste, creed, race, and gender has led philosophers to propose achieving social justice and equality. Indian philosophers have advocated affirmative action for marginalised groups, as reflected in Articles 14, 15, 16, and 335 of the Indian Constitution. These provisions aim to ensure equal protection and representation for all individuals. The implementation of reservation policies in education, employment, and administration has impacted socio-economic mobility. Although society has transformed since these policies were implemented, implementation challenges persist. Debates about efficiency and merit often oppose affirmative actions. Affirmative action exists in countries like the USA and South Africa to counter discrimination, yet India faces backlash when advocates promote equal representation. To address these issues, reforms are necessary to enhance reservation policies. This study examines social justice through affirmative action and addresses misconceptions about reservations in India. By exploring historical context, constitutional provisions, and implementation challenges, this study contributes to understanding affirmative action’s role in promoting social justice.

Keywords:  Affirmative action, Constitution, Social Justice, Reservation