Home › CLAT (NLU Prep) › law › legal_reasoning_rights_justice › 'Affirmative action' policies (e.g., reservation…
'Affirmative action' policies (e.g., reservations under Articles 15(4) and 16(4)) are JUSTIFIED in Indian constitutional jurisprudence primarily by which principle?
AArticle 19 mandates affirmative action
BStrict equal treatment requires identical treatment regardless of context
CRecognition of special needs and historical disadvantage permits differentiated treatment to achieve substantive equality
DArticle 14 requires the state to treat every person identically in all circumstances
Answer & Solution
Correct answer: C. Recognition of special needs and historical disadvantage permits differentiated treatment to achieve substantive equality
The Indian model rejects formal equality alone: substantive equality (Indra Sawhney 1992; M Nagaraj 2006; Jarnail Singh 2018) permits classification of historically disadvantaged groups, with care to avoid creamy layer effects.
Related questions
Which of the following is NOT a recognised Fundamental Right in the Indian Constitution asWhich case is the LANDMARK Indian decision on the basic structure of the Constitution?Principle: A master is vicariously liable for torts committed by a servant in the course oPrinciple: An offer is revoked when notice of revocation is received by the offeree, but oThe 'doctrine of pith and substance' is used in Indian constitutional law primarily toPrinciple: A statement is defamatory if it is false AND lowers the reputation of the plainWhich proposition CORRECTLY states the position of the 'basic structure' doctrine after KePrinciple: A contract entered into by a minor is void ab initio.
Facts: M, aged 17, sells