Compensatory Discrimination in India: Breaking the Dichotomy of Affirmative Action

This paper examines the legal and philosophical foundations of compensatory discrimination in India, framing reservation not as a departure from equality, but as an essential instrument for substantive justice. Drawing on John Rawls’ theory of fairness and the vision of India’s constitutional architects, the study analyzes how Articles 14, 15, and 16 balance individual rights with historical correctives. By tracing critical judicial milestones from M.R. Balaji to Indra Sawhney, the essay evaluates how courts have balanced social backwardness, vertical and horizontal representation, and administrative limits. While highlighting achievements in political empowerment and social mobility, it addresses unresolved structural tensions—including the "creamy layer" dynamic, the entrenchment of caste categories, and the recent EWS quota. Ultimately, the paper argues that reservation is a vital bridge to systemic parity, requiring continuous evaluation alongside broader investments in public infrastructure.