Protection of Minorities under the Constitution of India

The Constitution of India is founded on the ideals of equality and justice in both social and political fields. It explicitly abolishes any discrimination either in favor of or against any class of persons on the grounds of religion, race, or place of birth.

Abolition of Communal Representation

• The Constitution eliminated communal representation and reservation of seats in the Legislature or public offices on the basis of religion.

• However, the framers recognized the need for special provisions to assist socially and economically backward sections of society to ensure a democratic march of the nation.

• Democratic equality, as envisaged in the Preamble, requires that all sections of society be brought to a comparable level, as far as practicable.

• The Constitution, therefore, provides:

  • Temporary measures to help backward sections catch up with the rest of the nation.

  • Permanent safeguards to protect the cultural, linguistic, and similar rights of minority communities to prevent oppression by the numerical majority.

Criticism by Sir Ivor Jennings

• Sir Ivor Jennings criticized Indian federalism, claiming a disregard for minority claims and attributing the refusal of Indian independence before 1940 partly to competing religious and ethnic claims.

• The Constitution’s framers, especially Congress leaders, rejected communal representation, viewing it as an artificial growth imposed by the Morley-Minto Reforms rather than a natural aspect of Indian political life.

• After partition, minority communities choosing to remain in India were expected to live as equal members of the national family, upholding the fraternity promised in the Preamble.