November 23 – GS2/Social Justice: 2025 | UPSC Daily Answer Writing Practice PDF Download

Q: Assess the role of constitutional mechanisms in addressing social inequalities and maintaining social harmony. Analyze their effectiveness and limitations. (250 words)

Introduction

• Social inequalities in India are deeply rooted in historical caste divisions, gender hierarchies, and economic disparities.
• The Constitution offers a strong framework to tackle these issues and encourage social harmony.
• Provisions like Fundamental Rights and Directive Principles of State Policy (DPSPs) aim to build an inclusive society.

Constitutional Mechanisms Addressing Social Inequalities and Promoting Social Harmony

Fundamental Rights (Part III):

• Article 14: Guarantees equality before the law and equal protection for all.
• Article 15: Forbids discrimination based on religion, race, caste, sex, or place of birth.
  • Example: The Supreme Court's decision in Navtej Singh Johar v. Union of India (2018) decriminalized Section 377, supporting LGBTQ rights.
• Article 17: Abolishes untouchability, fostering social integration.
  • Example: The Supreme Court in State of Karnataka v. Appa Balu Ingale upheld strict actions against untouchability practices.

Directive Principles of State Policy (Part IV):

• Article 38(2): Instructs the state to reduce inequalities in income, status, facilities, and opportunities.
• Article 46: Focuses on promoting the educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections.
  • Example: Reservation policies in education under the 93rd Constitutional Amendment (2005).

Special Provisions for Minorities and Tribes:

• Article 29 and 30: Safeguard the cultural and educational rights of minorities.
• Article 244: Covers the administration of Scheduled and Tribal Areas.
  • Example: The PESA Act (1996) supports self-governance in tribal regions.

Independent Institutions:

• National Commission for Scheduled Castes (Article 338): Oversees and monitors the welfare of SCs.
• National Commission for Minorities: Advocates for minority rights and harmony.

Effectiveness of Constitutional Mechanisms

Empowerment of Marginalized Communities:

• Affirmative Actions: Reservation policies have improved the participation of SCs, STs, OBCs, and women in education and jobs.
• Political Representation: Provisions like Article 330ensure representation for SCs and STs.
  • Example: About 84 seats in the Lok Sabha are reserved for SCs, enhancing their legislative power.

Reduction in Socio-Economic Disparities:

• Targeted Welfare Programs: Policies based on Directive Principles have helped reduce poverty and improve the economy.
  • Example: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provided jobs to 80 million people in FY 2022-23, with many beneficiaries from SC/ST communities.
  • Approximately 415 million Indians moved out of poverty between 2005-06 and 2019-21.

Promotion of Social Harmony:

• Secular Framework: Constitutional guarantees like Article 25-28ensure freedom of religion and peaceful living together.
  • Example: The Supreme Court maintained the secular principle in S.R. Bommai v. Union of India.
• Cultural and Educational Safeguards: Articles like Article 29 and 30empower minorities to protect their culture and manage educational institutions.
  • Example: Aligarh Muslim University is recognized for its autonomy under Article 30, showcasing minority rights.

Limitations of Constitutional Mechanisms

Implementation Challenges:

• Despite having progressive laws, implementationis often inconsistent, especially in rural areas.
  • Manual scavenging persists even though it is banned by the Prohibition of Employment as Manual Scavengers Act (2013).
• Bureaucratic Delays: Welfare schemes frequently experience delays due to administrative inefficienciesand corruption.
  • Example: Slow processing of scholarships for SC/ST students in some states.
• Socio-Economic Gaps: While constitutional provisions promote equality, significant disparities in education, health, and incomecontinue.
  • Limited digital literacy and infrastructure among marginalized groups exacerbate inequalities.

Political and Social Misuse:

• Claims of "creamy layer" misuse in OBC reservations weaken the benefits meant for the most vulnerable.
• Caste and community identities can be politicized, which undermines the spirit of constitutional harmony.

Inadequate Representation of Emerging Groups:

• The LGBTQ community, despite recognition in Navtej Singh Johar v. Union of India, lacks specific constitutional protections for marriage, adoption, and inheritance rights.

Limited Awareness and Accessibility:

• Many marginalized groups are unaware of their constitutional rights and entitlements, which restricts their ability to seek legal or administrative help.
• Tribal communities in remote areas lack legal literacy and administrative outreach, leading to exclusion from land rights protections.

Way Forward

• Strengthen Implementation: Use technology for direct benefit transfers (DBT) to reduce waste in welfare programs aimed at SCs, STs, and women.
• Awareness Campaigns: Raise awareness of rights among marginalized groups to boost their involvement in governance.
• Judicial and Administrative Reforms: Create fast-track courts for cases involving caste violence and gender crimes.
• Provide improved training for local administrators to address sensitive social issues effectively.
• Empowering Grassroots Institutions: Strengthen Panchayati Raj and tribal councils to ensure local decision-making meets diverse needs.
• Promoting Interfaith and Inter Caste Dialogue: Encourage initiatives like Ek Bharat Shreshtha Bharat to foster mutual understanding and respect.