Caste, Constitution, Court, Equality: The Social Justice Imbroglio in Contemporary India

Abstract

How do democratic ideals and constitutional provisions of inclusive citizenship and “reasonable classification” of universal rights to combat social oppression and promote social justice get worked out in the crannies of state policies, citizen politics and legislative and legal pronouncements? This article addresses these issues by revisiting the convoluted trajectory of positive discrimination (termed “reservation”) in India as an illustrative and instructive example. It combines an innovative reading of Constitutional Assembly Debates, constitutional provisions, constitutional amendments, and crucial Supreme Court rulings to trace the gradual undoing of constitutional ideals and provisions. An exploration of changing state policies in tune with the imperatives of a neo-liberal Hindu authoritarian regime, and shifting electoral demands of privileged upper castes and classes, allows the article to underscore a radical shift in ethos that has resulted in an interrogation of constitutional provisions for social equality and justice. A lack of consensus on the justifiability of (re)distribution of resources by extending special benefits to the socially suppressed (“backward”) castes and classes of citizens, has laid bare the ambiguities inherent in constitutional ideals and provisions, highlighted the resourceful use of such ambiguities by the socially entitled citizens to disavow caste-based social oppression, and insist on economic weakness that hampers equal opportunity as the fair ground for “reservation.” A shift in emphasis from “social backwardness” of the oppressed to “economic weakness” of the advantaged in the language of the state ratified by the Supreme Court, underscores the undemocratic consequences of democratic provisions. A serious interrogation of the fairness of reasonable classification of equality and the justifiability of distribution on the part of the socially privileged, has served to disavow calls for social justice and recognition of difference by the oppressed, and overturned the basic premise of equal respect that ground liberal theories of social justice and social democracy