Day 8: “From Constituent Assembly to Constitutional Morality: The Journey of Affirmative Actions in India” by Hon'ble Mr. Justice Uday Umesh Lalit, Former Chief Justice of India.

Event Date: 18th October 2025

Event brief description

The Masterclass Series at Galgotias University commenced on 23rd August 2025 with its inaugural lecture titled “From Constituent Assembly to Constitutional Morality: The Journey of Affirmative Actions in India” by Hon'ble Mr. Justice Uday Umesh Lalit, Former Chief Justice of India. The event was graced by Prof. (Dr.) Aditya Tomer, Dean, School of Law, Galgotias University. In continuation with earlier lectures in this series, Justice U. U. Lalit in the current lecture traced the evolution of affirmative action and the Right to Education in India. Beginning with the Gandhi–Ambedkar debate and the Poona Pact of 1932, he explained how these ideas shaped India’s reservation system. He elaborated on constitutional provisions under the 73rd and 74th Amendments ensuring representation for SCs, STs, and women, and discussed the forthcoming 106th Amendment reserving seats for women in Parliament and State Assemblies. Citing Mohini Jain and Unnikrishnan, he linked education to the Right to Life and the Directive Principles, emphasizing the State’s duty to ensure equal access. 

Event Detailed Description

Justice U.U. Lalit began his lecture by tracing the historical evolution of affirmative action in India, grounding it in the early constitutional debates and the ideals of social justice embodied in the Preamble. He explained how affirmative action emerged as a mechanism to realize substantive equality and correct historical injustices. Reflecting on the ideological debates between Mahatma Gandhi and Dr. B.R. Ambedkar on separate electorates, he revisited the Poona Pact of 1932, where Dr. Ambedkar agreed to a system of reservations within the general electorate. This compromise, Justice Lalit noted, laid the foundation for India’s post-independence reservation policy, balancing representation with national unity.

Justice Lalit then elaborated on the constitutional framework governing reservations in local self-governance, focusing on the 73rd and 74th Constitutional Amendments (1992). He highlighted how Articles 243D and 243T ensure reservation of seats in Panchayats and Municipalities for Scheduled Castes (SCs), Scheduled Tribes (STs), and women. Article 243D(6), he explained, empowers state legislatures to provide additional reservations, while Article 243N ensures conformity between state laws and the constitutional scheme. Drawing from Maharashtra’s municipal governance practices, he illustrated how these provisions translate into real-world political empowerment, particularly for marginalized communities and women in local bodies.

Justice Lalit discussed the forthcoming 106th Constitutional Amendment, which mandates one-third reservation for women in the Lok Sabha and State Legislative Assemblies. He observed that whereas reservations for SCs and STs followed a top-down trajectory—from Parliament to local bodies—women’s reservation evolved in the opposite direction, beginning at the grassroots level and now ascending to the national stage. This, he remarked, marks a significant milestone in India’s democratic inclusivity.

Transitioning to the Right to Education, Justice Lalit analyzed Mohini Jain v. State of Karnataka (1992), which struck down capitation fees in private institutions, and Unnikrishnan v. State of Andhra Pradesh (1993), which read the Right to Education as implicit in the Right to Life under Article 21. He discussed the opinions of Justices Mohan and Reddy, emphasizing the State’s obligation to make education accessible within its financial capacity. Linking education to the Directive Principles of State Policy (Articles 38, 39, 41, 45, and 46), he underscored that the Constitution envisions education as central to welfare and equality.

He also invoked India’s obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR), and cited measures like the midday meal scheme and the prohibition of child labour as constitutional tools ensuring children remain in school. Quoting Neeti Satakam by Bhartrhari, he described education as a means of moral and intellectual liberation. True equality, he emphasized, depends on effective implementation, civic responsibility, and the collective will to uphold constitutional ideals. In conclusion, Justice Lalit asserted that education and affirmative action are twin pillars of social justice. 

Department Name – School of Law

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