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  • Previously, under “Diversity, Equity, and Inclusion” (DEI) programs, many American universities had given special consideration to minority students for bridging inequalities.
  • However, in June 2023, the Supreme Court of the US put an end to affirmative action in university admissions.
    • Affirmative actions are positive steps taken to increase the representation of certain historically oppressed group(s) in the society, in areas of education, employment, etc.

 

Comparison of Affirmative Action in India and the US

 

India 

USA

Constitutional Origin

Constitution explicitly provides for affirmative action.  Equal Protection Clause of 14th Amendment has been interpreted to permit affirmative action. 

Provisions

Articles 15 (4), 16 (4), etc., enables the state to provide for reservation.Began through an executive order in 1961. Later, Civil Rights Act of 1964 was enacted to give it a legal backing.

Purpose 

To remedy historical discrimination against groups such as ex-untouchables. 

To fight discrimination against minority groups and women.

Targeted Groups 

Socially and Educationally Backward Classes and Economically Weaker Sections.African Americans, Hispanics, Asian Americans, etc.

System 

Based on the Quota System.Based on Diversity, Equity, and Inclusion (DEI) programs

Upper ceiling for reservation

Upper ceiling of 50% set by the SC in Indra Sawhney judgment.No upper legal limit.
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