The Indian constitution provided the state to make special provisions for the upliftment of backward classes. Since then, the topic has become debatable. These special provisions promulgated at different space and time have evolved as a preferential policy. The constitutional objective behind this policy is to ensure social justice for disadvantaged sections of people. Unfortunately the political motif has overshadowed the constitutional intent.
The notion of justice is essentially apolitical; however, there has been criticism, oppositions and prolonged protests in this regard. These development are not conducive to Indian polity. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens.
This work attempts to perform a cost –benefit, what if analysis in the light of preceding chapters. It also explores complementarities of legal doctrines in India and US. The common area of concerns were identified through covering and addressing questions before law and ideas worth accommodating from US part. Some doctrines are also developed in this regard.
Table of Contents
Chapter 1 Introduction
Chapter 2 Promotion of social justice
Chapter 3 Preferential policy and juristic work
Chapter 4 Promotion of preferential policy-legal approach in India and U.S.A
Chapter 5 Preferential policy and judicial response
Chapter 6 Assessing Educational Access
Chapter 7 Assessing Competitive Positioning
Research Objectives and Themes
The research examines the effectiveness of preferential discrimination policies in Indian higher education through a comparative analysis with the United States model. It evaluates whether such policies, aimed at achieving social justice for disadvantaged sections, successfully promote equitable educational access and competitive positioning without undermining merit or institutional quality.
- Comparative analysis of legal frameworks for preferential policies in India and the USA.
- Evaluation of the impact of reservation policies on higher education enrollment and equity.
- Assessment of the role of judiciary in balancing constitutional equality with social justice goals.
- Analysis of the correlation between social class, economic status, and educational success.
- Identification of gaps in policy implementation and exploration of complementary legal doctrines.
Excerpt from the Book
Chapter 1 Introduction
Traditional Indian social hierarchical system has resulted advantaged and disadvantaged sections of the people in the country. The cause for resulting dis-advantaged section is unequal treatment sustained for the long time in history. Resultantly the backwardness prolonged for generations. With the adoption of Indian constitution, the constituent assembly conceived for an egalitarian society where opportunities are equally distributed among all of its citizens. But the constitutional objective was not able to promote the interest of large section of backward citizens. There was necessity to empower this class of citizens. In view of this, the constitution also provided for a differential treatment in the form of political representation, reservation in government employment and educational institutions. The Indian constitution provided the state to make special provisions for the upliftment of backward classes. Since then, the topic has become debatable. These special provisions promulgated at different space and time have evolved as a preferential policy. The constitutional objective behind this policy is to ensure social justice for disadvantaged sections of people. Unfortunately the political motif has overshadowed the constitutional intent. The notion of justice is essentially apolitical; however, there has been criticism, oppositions and prolonged protests in this regard. These development are not conducive to Indian polity. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens.
Summary of Chapters
Chapter 1 Introduction: Provides the background and objectives of the dissertation, detailing the constitutional necessity for preferential policies in India to address historical social hierarchies.
Chapter 2 Promotion of social justice: Compares the philosophical and contextual roots of social injustice in India and the USA, highlighting the role of statutory commissions.
Chapter 3 Preferential policy and juristic work: Reviews scholarly works, identifies research gaps, and compares Indian and Western theories regarding disadvantage and policy evaluation.
Chapter 4 Promotion of preferential policy-legal approach in India and U.S.A: Analyzes the legal and legislative frameworks governing policy implementation in both nations.
Chapter 5 Preferential policy and judicial response: Examines judicial case laws that have shaped, challenged, or reinforced reservation policies over time.
Chapter 6 Assessing Educational Access: Empirically evaluates the quantitative impact of policies on Gross Enrolment Ratios (GER) across various disadvantaged demographic groups.
Chapter 7 Assessing Competitive Positioning: Investigates whether quality higher education is equitably accessible to all social groups using case analyses of premier institutions.
Keywords
Preferential policy, protective discrimination, social justice, Indian constitution, higher education, reservation, equality, affirmative action, caste, class, judiciary, competitive positioning, educational access, legal framework, comparative study.
Frequently Asked Questions
What is the core focus of this research?
The work primarily investigates the effectiveness and impact of "protective discrimination" or "preferential policy" in Indian higher education, comparing these practices with affirmative action models used in the United States.
What are the central themes discussed?
Central themes include the tension between formal equality and social justice, the constitutional basis for reservations, the role of judicial oversight in policy interpretation, and the long-term socioeconomic effects of these policies on disadvantaged groups.
What is the primary goal of the study?
The study aims to evaluate legal doctrines of preferential treatment, assess the costs and benefits of equal protection, study legislature-judicial interactions, and derive learning points to improve future policy implementation in India.
What research methods are employed?
The research adopts an analytical, descriptive, and to a certain extent, empirical and quantitative case survey methodology, utilizing secondary data from government sources, reports, and legal databases.
What does the main body of the work address?
The main chapters systematically cover the philosophical basis of social justice, legal frameworks, case law jurisprudence, and detailed statistical evaluations of educational access and competitive performance in premier institutions.
What defines the core keyword set?
The keywords are selected to reflect the intersection of law, education policy, and sociology, specifically focusing on mechanisms of inequality correction, legal definitions like "creamy layer," and the comparative scope of the study.
How do the Indian and US models of equality differ in this study?
The study highlights that Indian jurisprudence often relies on collective, class-based approaches due to historical caste-based disparities, whereas US models tend to focus more on individual rights and race-conscious "plus factor" approaches.
What is the "Doctrine of complementary legislations" mentioned?
It is a proposed framework suggesting that affirmative action quotas alone are insufficient; their effectiveness is maximized only when supported by broader, enabling social and educational policies implemented in coordination with the quota systems.
- Quote paper
- Ph.D. Dhwani Sharma (Author), 2014, Protective discrimination in Indian higher education, Munich, GRIN Verlag, https://www.grin.com/document/334985
