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Does Affirmative Action Conflict with Efficiency?

Article 335 of the Constitution states that government will consider the representation of SC/ST communities as a factor when they make appointments to posts or services, subject to the condition that the efficiency of administration will be maintained. The Supreme Court of India is currently hearing a case in which questions concerning Article 335 are […]

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Affirmative Action in Indian Constitutional History: An Overview

In 1902, Rajarshi Shahu Maharaj, the first king of the Princely State of Kolhapur (1900 – 1923), reserved 50% of government jobs in his state for backward communities. This was a rather novel policy for the time and an early instance of what we now commonly refer to as affirmative action – special measures that […]

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Desk Brief: Extending Affirmative Action to the Supreme Court?

The Constitution of India 1950 frames a comprehensive architecture for affirmative action in India. A key element of this is the representation of members from marginalised communities in different organs of the State including the legislature, executive bodies and public services. The Constituent Assembly, in its plenary debates and Committees extensively debated the need for […]