CONSTITUTIONAL FOUNDATIONS OF AFFIRMATIVE ACTION PROGRAMMES IN INDIA

Societies are inherently unequal which resulted in structural inequality socially, politically and economically. The welfare states came into being during the twentieth century under welfare constitutions aimed at addressing this structural inequality through certain preferential policies also known as Affirmative Action Programmes (AAPs). These programmes involve the element of fairness towards disadvantaged groups and aimed at redressal of unjust inequalities by way of preferential policies. These preferential policies also include considerations of fairness, political accommodation of groups, giving representation of certain groups in state administrative hierarchy on the ground of inadequate representation and preferential treatment in educational institutions, concessions, relaxations, exceptions and so on. This topic is discussed under three sections. Section-I deals with Constitutional frame work, Section-II deals with criteria for identification of beneficiaries, Section-III deals with Operationalisation of AAPs.