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Affirmative Action and Equality in State of Kerala v. N.M. Thomas
The landmark judgment in State of Kerala v. N.M. Thomas [(1976) 2 SCC 310; AIR 1976 SC 490] marked a pivotal moment in the constitutional understanding of equality and affirmative action in India. While the case ostensibly dealt with service regulations and departmental examinations for Scheduled Castes, its deeper importance lay in how Justices Krishna Iyer and Fazl Ali redefined the constitutional promise of substantive equality as envisioned under Articles 14, 15(4), and 16(4).
In India's continuing legal journey toward social justice, N.M. Thomas occupies a place of profound significance. It was not merely about bureaucratic procedures or employment norms—it raised the fundamental question of what "equality" truly means in a society historically shaped by entrenched social and caste-based disparities.
The case challenged a Kerala government order that allowed Scheduled Castes (SCs) and Scheduled Tribes (STs) additional time to qualify for promotion exams. At first glance, it seemed like preferential treatment. But at its core, it raised the question: Does treating unequals equally really serve justice?
Two towering judges of their time—Justice V.R. Krishna Iyer and Justice Fazl Ali—offered bold, empathetic, and visionary interpretations of Articles 14, 16(1), and 16(4) of the Constitution.
Justice V.R. Krishna Iyer: Equality is not Uniformity
Justice V.R. Krishna Iyer’s contribution to Indian constitutional law stands as one of the most powerful expressions of judicial activism. He firmly believed that equality under the Constitution must be dynamic, responsive, and grounded in lived social realities, not confined to rigid formalism. As he famously observed, “equality is not always identity of treatment.”
- Article 14 must not be read in a sterile or mechanical way. Real equality demands an awareness of India’s deep-rooted social and economic inequalities.
- Affirmative action is not a deviation from equality but an integral part of its realisation.
- Reservations and relaxations in service rules are not special favours, but tools of compensatory justice for correcting historical wrongs.
Key Quote:
"The guarantee of equality is not a guarantee of identical treatment; it is a guarantee of equal laws for people who are equally situated."
— Justice Krishna Iyer
Transformative Equality Over Formal Uniformity
Justice Iyer categorically rejected a narrow, literal approach to constitutional interpretation. He viewed the Constitution as a living document, one that must adapt to India’s complex social fabric. Equality, for him, was not about applying the same rule to everyone regardless of their background— it was about enabling meaningful access to opportunity.
“Equality is not always about identical treatment; sometimes, it demands differentiation to uplift the disadvantaged.”
He interpreted Article 16(1) as a platform for proactive justice rather than a prohibition against classifications. In his eyes, Article 16(4) was not an exception to Article 16(1), but a natural extension of its egalitarian mandate.
Justice Krishna Iyer’s jurisprudence emphasized substantive equality—not as a mere procedural formality, but as a transformative tool to achieve just and fair outcomes.
“Law is not a brooding omnipresence in the sky but the articulate voice of the people rooted in social reality.”
Justice Fazl Ali: Affirmative Action as Constitutional Compassion: A Concurring Yet Distinct Insight on Equality
Justice Fazl Ali, in his separate but concurring opinion in State of Kerala v. N.M. Thomas, reinforced the idea that the Constitution does not mandate a rigid or mechanical notion of equality. Instead, it envisions a more nuanced and compassionate approach that allows for differential treatment to address deep-seated social disadvantages.
He rejected the concept of formal equality—where everyone is treated exactly the same regardless of their circumstances—and supported the idea of substantive equality, which recognizes historical injustice and enables measures to correct it.
Key Insight:
"Justice means treating unequals unequally when required, to bring them to a level playing field."
— Justice Fazl Ali
Endorsing Positive Discrimination
Justice Fazl Ali upheld the Kerala government’s rule as a valid example of affirmative action, grounded in the Constitution’s commitment to social justice. His observations include:
- An affirmation of reasonable classification under Article 14—recognizing that treating people differently in relevant circumstances does not violate the principle of equality.
- Support for affirmative action as a constitutional means to reduce inequality.
- A clear interpretation that Article 16(4) is not an exception to Article 16(1), but an instrument to actualize equal opportunity by addressing historical exclusion.
In his view, provisions that grant concessions or exemptions to Scheduled Castes and Scheduled Tribes do not undermine the equality clause—they fulfill its true purpose by correcting historical imbalances and empowering the marginalized.
"The Constitution does not command mechanical equality. It permits—and even demands—differential treatment to remedy deep-seated disadvantage."
Legacy and Relevance
The State of Kerala v. N.M. Thomas judgment laid a critical foundation for India’s evolving jurisprudence on affirmative action. It influenced landmark rulings such as:
- Indra Sawhney v. Union of India (1992) – which upheld reservations in public employment and permitted sub-classification among OBCs.
- Ashoka Kumar Thakur v. Union of India (2008) – which upheld OBC reservations in higher education.
- Jarnail Singh v. Lachhmi Narain Gupta (2018) – which endorsed the exclusion of the "creamy layer" even within SC/ST categories for promotions.
The opinions of Justices Krishna Iyer and Fazl Ali were ahead of their time. By anchoring the principle of substantive equality—often termed “protective discrimination”—within the constitutional framework, they paved the way for a deeper understanding of social justice. Their reasoning continues to shape contemporary discourse on reservations, sub-classifications, and the pursuit of true equality in India.
Conclusion
Justices Krishna Iyer and Fazl Ali’s opinions in State of Kerala v. N.M. Thomas mark a pivotal shift in India’s constitutional understanding of equality. They moved the discourse beyond rigid formalism toward a vision grounded in social justice and real-world disparities.
Their judgments remind us that in a society marked by deep-rooted inequality, true equality often demands unequal measures to uphold equal dignity. Affirmative action, in this view, is not merely allowed by the Constitution—it is a constitutional imperative.
That’s a wrap for today. I’ll return next week with another judgment that could change the game!
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– Anupama
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Written by: Anupama Singh | Legal Blogger
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