Today marks the 76th anniversary of the adoption of the Indian Constitution. Born amidst a bloody partition and transfer of power from colonial rule, it was ahead of its time. It departed in several respects from the Western constitutions that it is often charged with borrowing from. Constitutional rights in India incorporate, but also go beyond, the Western notion of the protection of individual civil and political liberties. These envisage state action to address inequities in social life and recognise group-differentiated rights.

First, the Indian Constitution asserts a right to equality and, unlike Western constitutions, also expands upon its implications in a deeply unequal society. Provisions such as Article 14 — equality before the law and the equal protection of laws for all persons — and Article 15 — prohibitions on discrimination by the state against citizens — marked a new departure. Unlike Western constitutions, its equality provisions identify societal sources of discrimination against individuals, particularly in relation to caste. Thus, under Article 15 (2),........

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