The Principle Of Equality In The Indian Constitutionalism
- IJLLR Journal
- Apr 9
- 1 min read
Jordano Paiva Rogério, PhD advanced candidate, University of Lisbon – Faculty of Law, Researcher at the Ludwig-Maximilians-Universität-München
ABSTRACT
This article examines the principle of equality within Indian constitutionalism, analyzing its historical conception, legal articulation, and its implementation in the world’s largest democracy. Emerging from colonial rule and the trauma of Partition, India’s 1950 Constitution established a transformative framework to reconcile Enlightenment ideals of equality with a society marked by caste hierarchies, religious pluralism, and socioeconomic disparities. Through a legal-interpretative methodology, the study engages with primary sources, including constitutional provisions, landmark Supreme Court rulings, and affirmative action policies, alongside secondary scholarly critiques. The Constitution’s innovative system of a model prohibiting discrimination, abolishing untouchability and mandating compensatory measures for marginalized groups - reflects a pioneering commitment to substantive equality. While this framework has enabled progress in political representation and judicial safeguards, entrenched inequalities might persist. The analysis reveald a paradox: constitutional equality, though normatively robust, confronts historical and cultural legacies that resist rapid transformation. Ultimately, the study concludes that India’s constitutional project represents a bold yet incomplete experiment in egalitarian democracy. While legal mechanisms provide critical tools for justice, their efficacy is tempered by the inertia of tradition. The Indian experience underscores the complex interplay between law and society, illustrating how constitutional ideals must continually adapt to bridge the gap between normative aspirations and grassroots realities in pluralistic democracies.
Keywords: Indian constitutionalism, independence, principle of equality, pluralism.
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