Diritto Pubblico Comparato ed Europeo

Sommario

1. Azioni positive e società multiculturali: l’utilità dell’esperienza indiana. – 2. L’eguaglianza nella Costituzione indiana. – 3. Le “categorie deboli”. – 4. La giurisprudenza della Corte suprema. – 5. Il Novantatreesimo emendamento e la legislazione successiva. – 6. Per non concludere: alcuni spunti di ricerca.

Abstract

The Author analyses positive actions in multicultural states in the context of the Indian Federal Union. Positive actions are a consolidated part of the Indian legal system and they are codified in the Constitution. The latter in fact provides for positive actions in the chapter devoted to the principle of equality in order to grant equal rights in public employment and equal rights to access all levels of education. The case law of the Supreme Court recognizes the Constitutional foundation of the State’s duty to act in favour of disadvantaged minorities, but it has also set a series of limits to the implementation and the content of laws providing for positive actions. In fact, positive actions, and particular reserved quotas in favour of disadvantaged minorities, are a central issue of the political debate because political parties are accused of using them in order to gain the support of the poorest groups of Indian society. In fact, the votes of the lower class are strategic in order to win the majority of seats in the federal Parliament (and particularly in the House of the People). As a consequence, a 2005 Constitutional reform has extended the possibility to impose reserved quotas to schools and private Universities. The Author outlines the content of the Constitutional