Article 15 in Constitution of India [Constitution]
provides special preference to Women and Children as a matter of positive discrimination. It entails that nothing in this Article can stop the state from
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Rights included in Part III of the Constitution are given a "transcendental position" under the Constitution and are kept beyond the reach of Parliament ... provides special preference to Women and Children as a matter of positive discrimination. It entails that nothing in this Article can stop the state from
Mr. Yash Pramesh Rana And 25 Ors vs State Of Maharashtra And Ors on 29 May, 2020
known as 'affirmative action' in
the USA, 'positive discrimination' in the UK, 'reservations' in India,
'standardization ... compensatory discrimination" or "protective discrimination."
49Gerapetritis (n 30) 177
50Ibid
40/75
WP 775/2014
Positive discrimination is therefore a policy aiming
Janhit Abhiyan vs Union Of India on 7 November, 2022
address these
historical inequalities that, as a vehicle of positive discrimination, the
socially oppressed sections were provided reservations and special
provisions so as to give ... social ‘or’ educational backwardness as a criterion to determine positive
discrimination in favour of a class. This foundation of social justice for
historically marginalised
Mamta Dinesh Vakil vs Bansi S. Wadhwa on 6 November, 2012
Court concluded that
the only reason for discrimination was not sex; it was the social
system. The discrimination in favour of the women ... abettor was, therefore, in fact held to be
covered by the positive discrimination under article 15(3)
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Ashok Kumar Gupta , Vidya Sagar Gupta & ... vs State Of U.P. & Ors on 21 March, 1997
constitutional rights. The Constitutional has provided
in their favor protective and positive discrimination by
providing for reservation in promotions are part of equality
of opportunity ... each member of the
community, whatever is his birth,
occupation or social position may
enjoy equal opportunity of using to
the full his natural endowments
Ashoka Kumar Thakur vs Union Of India & Ors on 10 April, 2008
educationally backward
sections of the society by the process of positive discrimination. It
was argued that the Ninety-Third Constitutional Amendment is
destructive
Deepak Sibal & Ors vs Punjab University And Another on 14 February, 1989
provision of Article 15 of the Constitution of India which
allows positive discrimination, despite the merit principle,
on the basis that the equality clause will
Government Of Andhra Pradesh vs P.B. Vijayakumar & Anr on 12 May, 1995
special provision,
envisages programmes of positive action while Article 16(4)
is a provision warranting programmes of positive
discrimination. This Court observed ... would not be correct to
confine Article 15(4) to programmes of positive action
alone. Article 15(4) is wider than Article
Chattar Singh & Ors vs State Of Rajasthan & Ors on 24 September, 1996
species of
Article 14. Article 16(1) prohibits discrimination and gives
equality of opportunity to every citizen in matters relating
to employment or appointment ... unequals is secured by
treating them unequally. Affirmative action or positive
discrimination, therefore, is inbuilt in equality of
opportunity in status enshrined in Articles