• Dr. Sunaina
• Dinesh Kumar

The Indian Constitution is supreme law of the land and all the other laws of the country must be according to the provisions of the Constitution of India. It provides for various fundamental rights which are available to citizens of India as well as foreigners. Article- 14 of the Constitution of India imposes a duty upon the State to ensure equality before the law and equal protection of laws to every person within the territory of India. This article is part of the right to equality which has been provided in Articles 14 to 18 of the Constitution of India. The expression “equality before the law” and “equal protection of laws” are not absolute because absolute equality is not possible in any society rather these are subject to some exceptions. Article 361 of the Constitution of India is the exception of the expression “equality before the law” because it gives some privileges to the president of India and Governor of a state regarding prosecution for certain offences. The expression “equal protection of laws” is also subject to some exceptions like a reservation to the weaker sections of society. The concept of the reservation is not against the spirit of the right to equality rather it is positive discrimination in the favour of various weaker sections of the society. The main purpose of the reservation is to bring the weaker sections of society into the mainstream of society. In this article, an attempt is made to critically discuss the various constitutional provisions regarding positive discrimination or reservation in the favour of Schedule Tribes.

Equality, Law, Protection, Reservation, Sheduled, Tribe

"A CRITICAL ANALYSIS OF THE CONSTITUTIONAL PROVISIONS REGARDING THE RIGHT OF PROTECTIVE DISCRIMINATION IN FAVOUR OF SCHEDULED TRIBES", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 12, page no.d210-d215, December-2022, Available :http://www.jetir.org/papers/JETIR2212330.pdf

"A CRITICAL ANALYSIS OF THE CONSTITUTIONAL PROVISIONS REGARDING THE RIGHT OF PROTECTIVE DISCRIMINATION IN FAVOUR OF SCHEDULED TRIBES", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 12, page no. ppd210-d215, December-2022, Available at : http://www.jetir.org/papers/JETIR2212330.pdf