MAINS DAILY QUESTIONS & MODEL ANSWERS
Q1. Analyze how the Indian Constitution’s Directive Principles of State Policy support social justice.
GS II – Constitution related issues
Introduction:
- Part IV of the Indian Constitution contains a series of recommendations known as the Directive Principles of State Policy (DPSP). Despite not being subject to the courts, they are an important tool for advancing social justice in India.
Social Welfare Policy Framework:
- A framework for creating laws and policies that advance social justice is provided by DPSP.
- As an illustration, Article 39 requires the state to guarantee equal compensation for equal labour, which has resulted in the adoption of labour assistance programmes and minimum wage legislation, which have reduced economic inequities.
Eliminating Inequalities in Society:
- The goal of articles 38 and 39 is to reduce income, status, and opportunity disparities.
- One way to rectify historical injustices and advance social equality is through policies like the reservation of jobs and education for socially disadvantaged groups like Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
Encouraging Learning Possibilities:
- Up until the age of fourteen, children must get free and compulsory education from the state, according to Article 45.
- Because of this clause, programmes like the Right to Education Act and Sarva Shiksha Abhiyan (SSA) have been established, guaranteeing marginalised groups in society access to education and fostering social inclusion.
Strengthening Weaker Sections:
- The protection and empowerment of society’s vulnerable segments is emphasised by DPSP.
- The necessity of giving Scheduled Castes, Scheduled Tribes, and other marginalised populations extra consideration and attention for their socioeconomic development is emphasised in Articles 46 and 47.
- Affirmative action laws and programmes for the reduction of poverty are examples of initiatives that work to elevate certain groups and close social divides.
Social justice with environmental sustainability:
- Articles like 48A emphasise how crucial sustainable development and environmental preservation are.
- Vulnerable groups are frequently disproportionately affected by environmental degradation.
- Sustainable development policies protect the interests of marginalised groups whose livelihoods depend on natural resources, as well as environmental justice.
Labour Welfare Measures:
- The DPSP works to safeguard workers’ rights and promote their well-being.
- The provision of fair and humane working conditions as well as maternity leave is emphasised in Articles 42 and 43.
- By improving the socioeconomic circumstances of workers, labour laws, minimum wage requirements, and programmes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) seek to promote social justice.
Increasing the Cohesion of Society:
- DPSP are essential for promoting harmony and social cohesion.
- Articles such as 44 highlight the need to establish a common civil code in order to end caste, gender, and religious discrimination.
- These policies support the notion of a pluralistic society in which all people, regardless of background, have equal rights and opportunities.
DPSP and Judicial Activism:
- Despite not being subject to legal action, DPSPs have shaped court rulings and contributed to the development of socioeconomic rights law.
- In interpreting fundamental rights, the judiciary has frequently referred to the DPSP, broadening the definition of social justice.
- Important rulings such as Minerva Mills v. Union of India and Kesavananda Bharati v. State of Kerala demonstrate the mutually beneficial relationship between DPSP and basic rights.
- In the Indian Constitution, social justice is promoted through the Directive Principles of State Policy. By utilising a multifaceted strategy that encompasses political, social, economic, and environmental aspects, DPSP helped to establish the foundation for a society that is more inclusive and egalitarian.
Q2. Examine the success of affirmative action initiatives in India’s pursuit of social justice, taking into account obstacles and possible changes.
GS II – Social Justice Issues
Introduction:
- In India, affirmative action laws have been put into place to combat past prejudice and advance social fairness. The goal of these laws, which include hiring and educational reservations, is to improve marginalised groups like Other Backward Classes (OBCs), Scheduled Tribes (STs), and Scheduled Castes (SCs).
- Articles 15(4) and 16(4) of the Indian Constitution, which permit reservations in government employment and educational institutions, are the foundation of affirmative action in that country. OBCs were added to the reservation in the Mandal Commission report of 1980, which showed a dedication to resolving caste-based inequality.
Affirmative action policies’ effectiveness:
Economic and Socio-Empowerment:
- More members of marginalised communities are now represented in the workforce and in school thanks to affirmative action.
- As of January 1, 2016, the percentage of SCs, STs, and OBCs holding posts and receiving services from the Central Government has risen to 17.49%, 8.47%, and 21.57%, respectively.
Political Representation:
- Political empowerment has been made easier by affirmative action, as reserved seats in legislatures guarantee the representation of underrepresented communities.
- For instance, the goal of the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is to shield marginalised groups from violence and discrimination.
Possibilities for Education:
- Reservation policies have helped marginalised people get more access to education, which has aided in their social mobility.
- This goal has been advanced by the introduction of the Right to Education Act, 2009, which guarantees free and compulsory education for kids from underprivileged families.
Problems:
Elite Capture and Creamy Layer:
- The idea of the creamy layer has drawn criticism for favouring wealthy people who fall into reserved categories while penalising others who are actually marginalised.
- The term “elite capture” describes the concentration of wealth and power in certain categories, hence limiting the advantages to the most disadvantaged.
Quality vs. Quantity
- Reservations, according to critics, undermine meritocracy and quality, which causes inefficiencies in institutions of higher learning and employment.
- Affirmative action’s efficacy has been impacted by the mismatch between educational standards and job requirements.
Discrimination and Social Stigma:
- Despite reservations, marginalized communities continue to face social stigma and discrimination, hindering their holistic development.
- The perpetuation of stereotypes and biases poses challenges to the integration of marginalized communities into mainstream society.
Resistance and Backlash:
- There is often resistance from dominant groups who perceive these policies as unfair, leading to social tensions and conflicts.
Potential Reforms:
Strengthening Implementation Mechanisms:
- Enhancing monitoring and evaluation mechanisms to ensure the effective implementation of affirmative action policies.
- Implementing stricter penalties for non-compliance with reservation norms to deter violations.
Addressing Creamy Layer and Elite Capture:
- Introducing income criteria to identify beneficiaries, ensuring that reservations benefit the economically disadvantaged within reserved categories.
- Promoting transparency in selection processes to prevent elite capture and ensure equitable distribution of benefits.
Promoting Social Inclusion and Awareness:
- Launching campaigns to raise awareness about the importance of social inclusion and the detrimental effects of discrimination.
- Implementing programs to promote interaction and understanding between different communities, fostering a culture of inclusivity.
Socio-Educational Index:
- A more nuanced approach that considers the socio-educational status of individuals, in addition to their caste, can ensure that the most marginalized within each group receive the benefits.
Diversification of Beneficiaries:
- Including other marginalized groups like religious minorities, transgender individuals, and the disabled in affirmative action policies can make them more inclusive.
- Affirmative action policies in India have played a crucial role in promoting social justice and empowering marginalized communities. However, challenges such as creamy layer issues, quality concerns, and social stigma persist. Addressing these challenges through reforms that strengthen implementation, address elite capture, and promote social inclusion is essential to enhancing the effectiveness of affirmative action policies and realizing their goal of ensuring social justice for all.
