Affirmative Action in the United States, India, and South Africa – Evolution and Foundational Principles

Abstract

Affirmative Action is a Constitutional tool that aims at redressing the effects of discrimination faced by historically disadvantaged communities. It attempts to do so by using methods that will enhance the chances of these traditionally disadvantaged communities, particularly in education and employment. Grounded in principles of equity and distributive justice, this study explores the affirmative action concept in three distinct jurisdictions: the United States, India, and South Africa. This paper studies the theoretical underpinnings of Affirmative Action policies in employment in India, South Africa, and the United States. The paper delves into the origins and foundations of the notions of Caste and race, examining how they have shaped the societies in the United States, India, and South Africa, and subsequently exploring the resulting discrimination stemming therein. With the investigation into the historical foundations of this system in these three jurisdictions, I attempt to understand if such historical context influences the design and implementation of Affirmative Action in each jurisdiction.