BharatNotes Protective Discrimination
noun phraseUsage in a UPSC answer
The Supreme Court in State of Kerala v. N.M. Thomas (1976) held that reservation provisions constituted protective discrimination, not a violation of equality, affirming the constitutional logic of compensatory justice.
Synonyms
Antonyms
Word Family
protective discrimination (n phrase), discriminate (v), discriminatory (adj), discrimination (n)
Root
Latin protegere = to protect (pro- = in front + tegere = to cover) + Latin discriminare = to distinguish (discrimen = distinction)
Etymology
The term was judicially coined in Indian constitutional discourse; Justice Gajendragadkar and later the Supreme Court used 'protective discrimination' to distinguish constitutional reservation from invidious discrimination prohibited under Article 15(1)
Memory Hook
PROTECTIVE DISCRIMINATION: instead of harming a group, this discrimination PROTECTS it — discrimination used as a shield, not a sword
How This Word Works in UPSC Writing
The older descriptive term for constitutionally sanctioned special provisions favouring disadvantaged groups. The framing that earns marks is that these provisions are not exceptions to equality but a means of achieving it in substance, since identical treatment of unequally placed groups preserves the inequality. Note the term has largely given way to affirmative action in contemporary writing, and either is acceptable provided the reasoning is right.
Don’t Confuse It With
Protective discrimination is the older Indian term for constitutionally permitted special provisions. Affirmative action is the contemporary and more general term. Reservation is the specific quota instrument. Discrimination in the ordinary sense means adverse differential treatment, which is why the phrase confuses students who read only the second word.
Hindi Meaning
संरक्षात्मक विभेद (sanrakshātmak vibhed) or संरक्षणात्मक भेदभाव.
Common Questions
- What is protective discrimination?
- Constitutionally sanctioned special provisions in favour of disadvantaged groups, intended to secure substantive rather than merely formal equality.
- Is protective discrimination a violation of equality?
- No. It is understood as a means of achieving equality in substance, since treating unequally placed groups identically would preserve existing disadvantage.
Tip: press Alt+S to hear pronunciation
