Social Justice and Positive Discrimination in Favour of the Under-privileged for RBI Grade B ESI

Last updated: 2026-11-11 · MockMentor

"Social Justice" and "Positive Discrimination in favour of the under-privileged" are part of the Social Structure in India unit of the RBI Grade B Phase 2 Economic and Social Issues (ESI) syllabus. India's Constitution promises justice, social, economic and political, to groups that were excluded for centuries. This chapter explains social inequality, the position of historically marginalised groups, the constitutional and legal tools of social justice, including reservations and the key court judgments, and the rights of persons with disabilities, children and older people.

In one line: social justice in India aims to undo historical disadvantage through equal rights, special protections and reservations, and the debate now is about who should benefit, how much, and how to reach the most deprived within each group.

Basic concepts

• Social justice: a fair distribution of rights, opportunities and resources in society, with special attention to those who are disadvantaged.
• Social inequality: unequal access to resources, status and power among groups, based on caste, class, gender, religion, disability and other factors.
• Prejudice, stereotype and discrimination: prejudice is a pre-formed opinion, usually negative, about a group; a stereotype is a fixed and oversimplified image of a group; discrimination is behaviour that treats people unfairly because of their group.
• Positive discrimination (affirmative action): special measures, such as reservations, to help groups that have faced historical discrimination reach equality.
• Social exclusion: the denial of full participation in social, economic and political life to some groups.
• Creamy layer: the better-off members of backward classes who are excluded from reservation benefits.

Why in News?

1. On 1 August 2024, a seven-judge bench of the Supreme Court (State of Punjab v. Davinder Singh) held, by 6 to 1, that states can sub-classify Scheduled Castes to give a larger share of reservation to the most backward among them.
2. Census 2027 will collect caste data for all communities for the first time since 1931, which will shape debates on reservation and welfare.
3. The Pradhan Mantri Janjatiya Adivasi Nyaya Maha Abhiyan (PM-JANMAN), launched in November 2023 with about ₹24,000 crore for Particularly Vulnerable Tribal Groups (PVTGs), and the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (2024) for tribal villages continue.

Understanding social inequality

Social inequality is not natural; it is created and kept in place by social institutions. In India, caste has been the most rigid basis of inequality, joined by class, gender, tribe, religion and disability. Inequality in one area (caste) often leads to inequality in others (land, education, jobs, political voice), so disadvantage builds up over generations. Social justice matters because it is a constitutional promise, because exclusion wastes human potential, and because a society where large groups feel shut out cannot be stable.

Historically marginalised groups

Scheduled Castes and untouchability

The caste system divided society into hereditary, hierarchical groups with fixed occupations and strict rules on marriage and contact. Those at the bottom, treated as "untouchable", faced exclusion from temples, wells, schools and public places, and were forced into degrading work such as manual scavenging. Social reformers such as Jyotirao Phule, Narayana Guru, Periyar and B.R. Ambedkar led movements against caste oppression. Article 17 of the Constitution abolished untouchability and made its practice in any form an offence. Scheduled Castes (SCs) were 16.6% of the population in Census 2011.

Scheduled Tribes

Scheduled Tribes (STs), about 8.6% of the population in 2011, live mainly in central India and the north-east. Their main problems have been loss of land and forests to development projects, mines and dams, displacement, poverty, poor access to health and education, and exploitation by moneylenders and traders. Their struggles, from the Santhal rebellion (1855) and Birsa Munda's Ulgulan (1899 to 1900) to modern movements for forest rights, have shaped tribal policy.

Other Backward Classes

Other Backward Classes (OBCs) are socially and educationally backward classes other than SCs and STs. The Mandal Commission (1979 to 1980) identified 3,743 castes as backward and recommended 27% reservation in central government jobs, which was implemented in 1990. The National Commission for Backward Classes was given constitutional status by the 102nd Amendment (2018) under Article 338B.

Particularly Vulnerable Tribal Groups

PVTGs are the most deprived tribal groups, identified by a pre-agricultural level of technology, low literacy, a stagnant or declining population and a subsistence economy. There are 75 PVTGs across 18 states and one union territory. PM-JANMAN provides them with housing, roads, water, electricity, health, education and livelihoods.

The Constitution and social justice

Fifth and Sixth Schedules

Laws for social justice

Reservations and key judgments

Arguments for and against reservation

The shrinking share of public sector jobs, the rise of private employment and the demand of new groups for inclusion have made the debate more complex. Many argue for better schooling, scholarships and support for entrepreneurship alongside reservation.

Schemes for SCs, STs and OBCs

Since 2017-18, the Scheduled Caste Sub-Plan and Tribal Sub-Plan have been replaced by the Development Action Plans for SCs and STs, under which central ministries must earmark funds.

Persons with disabilities

Census 2011 counted about 2.68 crore persons with disabilities, 2.2% of the population, though surveys suggest the real number is higher.

The Rights of Persons with Disabilities Act, 2016

• Expanded the types of disabilities from 7 to 21, including acid attack victims, autism, specific learning disabilities and Parkinson's disease.
• 4% reservation in government jobs and 5% in government and aided higher education institutions for persons with benchmark disabilities (40% or more).
• Free education for children aged 6 to 18 with benchmark disabilities.
• Accessibility in public buildings, transport and information.
• Penalties for discrimination.

The Accessible India Campaign (Sugamya Bharat Abhiyan, 2015), the Unique Disability ID card and assistance for aids and appliances (the ADIP scheme) support these goals.

Children

Issues

Child labour, malnutrition, trafficking, child marriage, sexual abuse, school dropouts and online risks.

Constitutional and legal protection

• Article 21A: free and compulsory education for children aged 6 to 14.
• Article 24: no child below 14 in factories, mines or hazardous work.
• Article 39(e) and (f): protection of children from abuse and exploitation.
• Article 45: early childhood care and education up to the age of six.
• Protection of Children from Sexual Offences (POCSO) Act, 2012.
• Juvenile Justice (Care and Protection of Children) Act, 2015.
• Child Labour (Prohibition and Regulation) Amendment Act, 2016, which bans employment of children below 14 in all occupations, except in family enterprises after school hours.

Institutions and schemes

Older people

India's population aged 60 and above is projected to double to about one-fifth of the total by 2050. Their main problems are lack of income security, poor health care, loneliness and abuse. Schemes include the Indira Gandhi National Old Age Pension Scheme, the Atal Vayo Abhyuday Yojana, Ayushman Bharat PM-JAY for all aged 70 and above (2024) and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Our chapter on demographic trends discusses ageing in more detail.

Challenges

• Continuing caste discrimination and atrocities.
• Poor implementation of PESA and the Forest Rights Act, and rejection of many forest rights claims.
• Unequal distribution of reservation benefits within groups.
• Unfilled reserved posts and shrinking public jobs.
• Low accessibility for persons with disabilities.
• Weak data on many groups, which caste and disability counts in the census may help address.

Way forward

• Strengthen early childhood care, school quality and scholarships, which matter most for the poorest.
• Implement PESA and the Forest Rights Act fully, with real powers for Gram Sabhas.
• Use new census data to target the most deprived within each group.
• Promote entrepreneurship and access to credit for SC, ST and OBC communities.
• Make public spaces, transport and digital services accessible.
• Enforce anti-discrimination and atrocity laws firmly, with fast trials.

Possible exam and interview questions

1. What is meant by positive discrimination? Critically evaluate the role of reservations in achieving social justice in India. (420 words)
2. Examine the constitutional and legislative measures for the protection and development of Scheduled Tribes. Why have PESA and the Forest Rights Act not achieved their goals fully? (620 words)
3. Discuss the significance of the Supreme Court's 2024 judgment on sub-classification of Scheduled Castes.
4. What are the main provisions of the Rights of Persons with Disabilities Act, 2016?
5. Interview: Should reservation be based on economic criteria alone?

Related reading: multiculturalism, social movements, and poverty in India.

More in ESI

• National Income
• Human Development
• Poverty
• Employment
• Sustainable Development

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