Constitutional Safeguards against Caste Discrimination

Students in public educational institutions are protected by the constitutional guarantees of equality and non-discrimination, which bind the State and its instrumentalities. The Constitution also permits affirmative action to remedy the educational disadvantages faced by historically excluded communities.

Equality and protection against exclusion

• Article 14 guarantees equality before law and equal protection of the laws, requiring public institutions to act fairly and without arbitrary caste distinctions.
• Article 15(1) prohibits the State from discriminating against any citizen on grounds only of caste, religion, race, sex or place of birth.
• Article 29(2) prohibits denial of admission to a State-maintained or State-aided educational institution on grounds only of religion, race, caste or language.
• Article 17 abolishes untouchability and forbids the enforcement of any disability arising from it.

Educational access and affirmative action

Substantive equality allows the State to take special measures so that formal non-discrimination does not perpetuate historical exclusion.

• Article 15(4) enables special provisions for socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes.
• Article 15(5) enables special provisions concerning admission for these groups in educational institutions, including private aided and unaided institutions, except minority institutions protected by Article 30(1).
• Article 21A guarantees free and compulsory education to children aged 6-14 years, while Article 46 directs the State to promote the educational interests of weaker sections, particularly Scheduled Castes and Scheduled Tribes.

Remedies and oversight

A student may approach the Supreme Court under Article 32 or a High Court under Article 226 for enforcement of fundamental rights. The National Commissions for Scheduled Castes, Scheduled Tribes and Backward Classes may monitor constitutional safeguards and inquire into complaints concerning deprivation of their respective communities' rights.