Case Study India

The Indian Constitution explicitly incorporates both an equal protection and an anti-discrimination clause. It also provides for affirmative action measures in favor of the socially, economically, and educationally backward classes of people. This case study examines how the court incorporates the social, economic, and communal diversity of the country as well as the specific challenges arising from it within the constitutional framework. First, it describes the judicial test developed by the Court. Second, it aims to understand if the Court takes into consideration other external variables not explicitly incorporated within the test. The analysis highlights how the Court does acknowledge the perverse political incentives created around affirmative action (reservation) politics in the country and has passed multiple judicial legislations to minimize the risk of such politically motivated government actions.