B.S Shuklaja, LLM, Constitutional and Administrative Law, School of Law, Christ (Deemed To Be University), Bengaluru
ABSTRACT
Application of the principles enshrined in the concept of Compensatory Discrimination, through the referential assessment indicated and outlined in the Indian Constitution.
The statement for analysis as presented prescribes a deep-rooted analysis in terms of the intricate meaning present in the assertively in the description. The phrase emphasises upon the growth of the terminology, that is, “protective discrimination” over-time, consistently paving its way towards being formalised as an exception to the very clauses of Fundamental Rights as guaranteed in the Constitution. The elegance of this phrase and concept has marked its way through the double-sided assessment, wherein the exception quality is dealt in accordance with the Fundamental rights. The Fundamental characteristics that guarantee equality and protect against discrimination, are working and crystallising towards an era of conceptualising the acceptance of such discrimination, deemed to be necessary and viewed as a “protection” against discrimination and atrocities, that has varied complications in debt in the elucidation of the concept. The visualisation is based on the view that as “Diamond cuts Diamond”, so does “Discrimination passes through or can curb the Discrimination” that has emancipated in the minds of the individuals of the community and society.
Such measures of protection may be concentrated to be termed in different phrases, which was raised as a result of interpretation of the constitution further at hand and by proceeding in the route of further analysis with respect to the rights associated with the backward classes (SC/ST). The scheme of how the terminologies were propounded, which forms the main basis of the current study, while denoting its significance and effect over the society. The virtual and realistic meaning of the term “compensatory discrimination” is thus highlighted in consonance.
Keywords: Compensatory Discrimination, Affirmative Action, Protective Discrimination, Backward classes, Enforceability
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