In Rawls's theory of justice, the "difference principle" holds that social and economic inequalities are just only if they:

Benefit the least advantaged members of society

Reward those with the greatest merit

Are approved by a majority vote

Result from free market exchange

The ceiling of 50 per cent on total reservations was laid down in:

Indra Sawhney v. Union of India (1992)

The Mandal Commission report (1980)

Article 16(4) of the Constitution

Indra Sawhney v. Union of India (1992)

Which of the following statements about the Union ministries for welfare are correct? Select all that apply.

Women and Child Development became a separate ministry in 2006

The Ministry of Tribal Affairs was created in 1999

The Ministry of Minority Affairs was created in 2006

Welfare of Scheduled Tribes falls under the Ministry of Social Justice and Empowerment

Women and Child Development became a separate ministry in 2006

The Ministry of Tribal Affairs was created in 1999

The Ministry of Minority Affairs was created in 2006

Assertion (A): Special provisions for disadvantaged groups are consistent with the right to equality under Article 14. Reason (R): Since N. M. Thomas (1976), the Supreme Court has read equality of opportunity as substantive rather than merely formal. Choose the correct option.

Both A and R are true, and R is the correct explanation of A

Both A and R are true, but R is not the correct explanation of A

Which of the following were held or done in the reservation cases and amendments? Select all that apply.

The First Amendment added Article 15(4) after Champakam Dorairajan

Indra Sawhney excluded the creamy layer from OBC reservation

Davinder Singh (2024) held that Scheduled Castes cannot be sub-classified

Janhit Abhiyan (2022) struck down the EWS quota

The First Amendment added Article 15(4) after Champakam Dorairajan

Indra Sawhney excluded the creamy layer from OBC reservation

Which law regulates the receipt of foreign contributions by NGOs in India?

The Foreign Exchange Management Act, 1999

In Wilensky and Lebeaux's distinction, a "residual" conception of social welfare holds that welfare services should:

Step in only when the family and the market fail to meet a person's needs

Be provided only by religious charities

Be a normal, first-line function of modern society available to all

Social Welfare Administration I: Social Welfare, Social Justice and Social Change; Equity and Inclusiveness; Affirmative Action and Reservations; the Institutional Arrangement for Welfare and Justice Administration; NGOs, Civil Society and Voluntary Agencies

Unit VII begins: "Social Welfare Administration: Concept of Social Welfare, Social Justice and Social Change; Concept of Equity and Inclusiveness in Social Justice; Concept of Affirmative action-Reservations; Institutional arrangement for Social Welfare & Social Justice Administration; NGOs, Civil Societies and Voluntary Agencies." This chapter takes the concepts and the machinery; the next takes the programmes for particular groups, the commissions and disaster management. Social welfare administration is where the welfare state becomes concrete — the ministries, boards, corporations, departments and voluntary bodies through which the state tries to deliver on the Constitution's promise of justice, social, economic and political. The concepts matter because they decide what the machinery is for.

1. Social welfare, social justice and social change

Social welfare has a narrow and a broad sense. Narrowly, it means organised services for vulnerable groups who cannot meet their needs through the market or family — children, women in distress, the aged, persons with disabilities, destitute people — delivered through institutions, allowances and rehabilitation. Broadly, it means the whole system of social services and social security by which a society secures the well-being of its members. Wilensky and Lebeaux distinguished a residual conception, in which welfare steps in only when family and market fail, from an institutional conception, in which welfare is a normal, first-line function of modern society. The Indian Constitution leans toward the institutional view in its Directive Principles (Articles 38, 39, 41, 46), though the delivery system remains largely residual.

Social justice is the fair distribution of the benefits and burdens of social cooperation. John Rawls's A Theory of Justice (1971) derived two principles from an "original position" behind a "veil of ignorance": equal basic liberties for all, and the difference principle, under which social and economic inequalities are just only if they benefit the least advantaged and are attached to offices open to all under fair equality of opportunity. In India the concept has a strongly group-based meaning, shaped by Ambedkar: the removal of caste-based exclusion and the uplift of historically disadvantaged communities. Social change is the alteration of social structures, relationships and values over time; the state tries to induce planned change through law (abolition of untouchability, land reform, anti-dowry and child-marriage laws), education and economic programmes — with the recurrent problem that law runs ahead of social attitudes.

2. Equity and inclusiveness in social justice

Equality means treating everyone the same; equity means treating people according to their needs so that outcomes are fair — which may require unequal treatment in favour of the disadvantaged. The Supreme Court has read Article 14 in this way since State of Kerala v. N. M. Thomas (1976): equality of opportunity is substantive, not merely formal, and special provisions for the disadvantaged are part of equality rather than exceptions to it. Inclusiveness — the idea behind the Eleventh Plan's goal of "faster and more inclusive growth" — means that the benefits of development reach excluded groups, and that those groups take part in the institutions that make decisions.

💡 Equality, equity and the fence

Three spectators of different heights watch a match over a fence. Equality gives each one box of the same size — the tallest did not need it and the shortest still cannot see. Equity gives the boxes according to need, so all three see. Inclusion asks why there is a solid fence at all and replaces it with a transparent one — changing the structure so that no one needs a box.

3. Affirmative action and reservations

Affirmative action means positive measures to remedy the effects of past and present discrimination against disadvantaged groups — the term comes from the United States (Executive Order 10925, 1961). India's version, reservation, is the most extensive in the world, covering legislatures (Articles 330 and 332), public employment (Articles 16(4) and 16(4A)), and education (Article 15(4) and 15(5)), with Article 46 directing the state to promote the educational and economic interests of the weaker sections. Its constitutional history has been shaped by a dialogue between courts and Parliament.

Reservation: the court–Parliament dialogue
Year	Development	Significance
1951	State of Madras v. Champakam Dorairajan; First Amendment	Court struck down caste-based quotas in college admissions; Parliament added Article 15(4) permitting special provisions for socially and educationally backward classes, SCs and STs
1980; 1990	Mandal Commission report (B. P. Mandal); implementation of 27 per cent OBC reservation in central jobs	The Second Backward Classes Commission (1979–80) identified backward classes largely by caste; implemented by office memorandum in 1990
1992	Indra Sawhney v. Union of India	Upheld OBC reservation; excluded the creamy layer; held that total reservation should ordinarily not exceed 50 per cent; no reservation in promotions (later reversed by amendment)
1995–2001	77th, 81st, 82nd and 85th Amendments	Article 16(4A) for reservation in promotion for SCs and STs, with consequential seniority; carry-forward of unfilled vacancies outside the 50 per cent ceiling; relaxation of qualifying marks
2006	M. Nagaraj v. Union of India; 93rd Amendment (Article 15(5))	Upheld reservation in promotion subject to data on backwardness, inadequacy of representation and efficiency; 15(5) permitted reservation in private educational institutions (except minority institutions)
2019; 2022	103rd Amendment; Janhit Abhiyan v. Union of India	Up to 10 per cent reservation for economically weaker sections not covered by other reservations (Articles 15(6) and 16(6)); upheld by a 3–2 majority in November 2022
2024	State of Punjab v. Davinder Singh	A seven-judge bench held that states may sub-classify the Scheduled Castes to give preference to the more backward among them

⚠️ The 50 per cent rule is a rule, not a text

No article of the Constitution states a fifty per cent ceiling; it comes from Indra Sawhney (1992), which allowed exceeding it only in extraordinary situations. The EWS quota took total central reservation above fifty per cent, and the majority in Janhit Abhiyan held that the ceiling applies to the caste-based reservations it was framed for, not to the separate economic criterion.

4. The institutional arrangement for social welfare and social justice

Social welfare is primarily a state subject (the State List covers relief of the disabled and unemployable; the Concurrent List covers social security, social insurance, and welfare of labour), but the Union shapes it through legislation, centrally sponsored schemes and national institutions. At the Union level the work is divided among several ministries: the Ministry of Social Justice and Empowerment (Scheduled Castes, Other Backward Classes, senior citizens, victims of substance abuse, transgender persons, and — through its Department of Empowerment of Persons with Disabilities — persons with disabilities); the Ministry of Tribal Affairs (created in 1999); the Ministry of Minority Affairs (2006); and the Ministry of Women and Child Development (a separate ministry from 2006, having been a department since 1985).

The welfare administration from Union to village
Level	Institutions
Union	Ministries listed above; the Central Social Welfare Board (1953, set up under Durgabai Deshmukh to fund and guide voluntary organisations); national finance and development corporations for SCs, STs, OBCs, minorities, safai karamcharis and persons with disabilities; national institutes for the disabled
Constitutional and statutory commissions	National Commissions for Scheduled Castes, Scheduled Tribes, Backward Classes, Women, Minorities, Protection of Child Rights and Safai Karamcharis — the subject of the next chapter
State	State departments of social welfare, tribal welfare, women and child development; directorates; State Social Welfare Advisory Boards; state commissions and corporations
District and local	District social welfare officers; child development project officers under ICDS; anganwadi workers; panchayats and municipalities (welfare of weaker sections is in both the Eleventh and Twelfth Schedules)

5. NGOs, civil society and voluntary agencies

Voluntary agencies — organisations formed by citizens on their own initiative, not for profit, to serve a public purpose — have a long history in India, from religious charities and the social reform movements of the nineteenth century to Gandhian constructive work. NGO (non-governmental organisation) is the broader modern term; civil society is broader still, meaning the whole space of voluntary association between the family, the market and the state — NGOs, community-based organisations, trade unions, professional bodies, cooperatives, self-help groups, social movements and the media. The state works with them in several capacities: as funder (the Central Social Welfare Board's grants; the Council for Advancement of People's Action and Rural Technology, CAPART, 1986), as partner in service delivery (from anganwadis to HIV programmes), as regulator (registration under the Societies Registration Act, 1860, the Indian Trusts Act, 1882 or Section 8 of the Companies Act; foreign contributions under the Foreign Contribution (Regulation) Act, 2010, tightened by a 2020 amendment), and as the object of their advocacy and watchdog activity. NITI Aayog's NGO-Darpan portal registers voluntary organisations that seek government grants.

The voluntary sector in welfare administration
Strengths	Limitations
Closeness to the poor and flexibility; ability to innovate and pilot	Dependence on government or foreign funds, which can compromise independence
Mobilising participation and giving voice to the excluded	Uneven spread — concentrated in some states and cities
Lower cost of delivery in some services	Weak accountability and transparency in some organisations; "briefcase" NGOs
Watchdog and advocacy role — the Right to Information movement came from civil society	Tension with the state over advocacy and foreign funding

Key takeaways

Social welfare can be residual (stepping in when family and market fail) or institutional (a normal function of society), in Wilensky and Lebeaux's distinction.
Rawls's difference principle allows inequalities only if they benefit the least advantaged; equity may require unequal treatment, and N. M. Thomas (1976) read Article 14 as substantive equality.
Indra Sawhney (1992) upheld OBC reservation, excluded the creamy layer and set a 50 per cent ceiling; the 103rd Amendment (2019) added 10 per cent for EWS, upheld in 2022.
Welfare is administered through several Union ministries (Social Justice, Tribal Affairs 1999, Minority Affairs 2006, Women and Child Development 2006), the Central Social Welfare Board (1953) and state departments.
The state funds, partners with and regulates NGOs (FCRA 2010, amended 2020); their strength is closeness and voice, their weakness dependence and uneven accountability.

Practice questions (10)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

In Rawls's theory of justice, the "difference principle" holds that social and economic inequalities are just only if they:
1. Benefit the least advantaged members of society
2. Reward those with the greatest merit
3. Are approved by a majority vote
4. Result from free market exchange
Show answer
Answer: A — Benefit the least advantaged members of society
The difference principle permits inequality only when it works to the greatest benefit of the least advantaged, under fair equality of opportunity. Market outcomes, majorities and merit alone do not justify inequality for Rawls.
The ceiling of 50 per cent on total reservations was laid down in:
1. The 103rd Amendment (2019)
2. The Mandal Commission report (1980)
3. Article 16(4) of the Constitution
4. Indra Sawhney v. Union of India (1992)
Show answer
Answer: D — Indra Sawhney v. Union of India (1992)
The ceiling is judge-made, from Indra Sawhney; no article states it. The Mandal report recommended 27 per cent for OBCs, and the 103rd Amendment added the EWS quota.
Up to what percentage of reservation for economically weaker sections does the 103rd Amendment permit? Type a number.
Numerical answer — type the value.
Show answer
Answer: 10
Articles 15(6) and 16(6), added in 2019, allow up to ten per cent reservation for EWS not covered by existing reservations; the Supreme Court upheld the amendment in Janhit Abhiyan (2022).
Which of the following statements about the Union ministries for welfare are correct? Select all that apply.
1. Welfare of Scheduled Tribes falls under the Ministry of Social Justice and Empowerment
2. Women and Child Development became a separate ministry in 2006
3. The Ministry of Tribal Affairs was created in 1999
4. The Ministry of Minority Affairs was created in 2006
Show answer
Answer: B — Women and Child Development became a separate ministry in 2006; C — The Ministry of Tribal Affairs was created in 1999; D — The Ministry of Minority Affairs was created in 2006
Tribal Affairs (1999), Minority Affairs (2006) and Women and Child Development (2006) are correctly dated. Scheduled Tribes are the concern of the Ministry of Tribal Affairs, not of Social Justice and Empowerment.
Assertion (A): Special provisions for disadvantaged groups are consistent with the right to equality under Article 14. Reason (R): Since N. M. Thomas (1976), the Supreme Court has read equality of opportunity as substantive rather than merely formal. Choose the correct option.
1. Both A and R are true, and R is the correct explanation of A
2. Both A and R are true, but R is not the correct explanation of A
3. A is true, but R is false
4. A is false, but R is true
Show answer
Answer: A — Both A and R are true, and R is the correct explanation of A
Both are true and R explains A: because equality is read substantively, measures that treat the disadvantaged unequally in order to equalise outcomes are part of equality, not exceptions to it.
The Central Social Welfare Board, set up in 1953 to fund and guide voluntary organisations, was established under the leadership of:
1. Balwantrai Mehta
2. B. P. Mandal
3. Durgabai Deshmukh
4. K. Santhanam
Show answer
Answer: C — Durgabai Deshmukh
Durgabai Deshmukh was the Board's first chairperson and architect. Mandal chaired the Second Backward Classes Commission, Mehta the panchayati raj committee, and Santhanam the anti-corruption committee.
Which of the following were held or done in the reservation cases and amendments? Select all that apply.
1. Davinder Singh (2024) held that Scheduled Castes cannot be sub-classified
2. Janhit Abhiyan (2022) struck down the EWS quota
3. The First Amendment added Article 15(4) after Champakam Dorairajan
4. Indra Sawhney excluded the creamy layer from OBC reservation
Show answer
Answer: C — The First Amendment added Article 15(4) after Champakam Dorairajan; D — Indra Sawhney excluded the creamy layer from OBC reservation
The creamy-layer exclusion and the First Amendment's Article 15(4) are correct. Davinder Singh allowed sub-classification of SCs, and Janhit Abhiyan upheld the EWS quota by a 3–2 majority.
Which law regulates the receipt of foreign contributions by NGOs in India?
1. The Foreign Exchange Management Act, 1999
2. The Societies Registration Act, 1860
3. The Companies Act, 2013
4. The Foreign Contribution (Regulation) Act, 2010
Show answer
Answer: D — The Foreign Contribution (Regulation) Act, 2010
FCRA 2010, tightened in 2020, governs foreign contributions to associations. FEMA deals with foreign exchange generally; the Societies Registration Act and the Companies Act govern how NGOs are registered.
In Wilensky and Lebeaux's distinction, a "residual" conception of social welfare holds that welfare services should:
1. Replace the family entirely
2. Step in only when the family and the market fail to meet a person's needs
3. Be provided only by religious charities
4. Be a normal, first-line function of modern society available to all
Show answer
Answer: B — Step in only when the family and the market fail to meet a person's needs
The residual model treats welfare as a safety net for when normal institutions break down; the institutional model treats it as a regular function of society. India's Directive Principles lean institutional, its delivery residual.
Which constitutional provision enables reservation in promotion for Scheduled Castes and Scheduled Tribes?
1. Article 16(4A)
2. Article 330
3. Article 46
4. Article 15(5)
Show answer
Answer: A — Article 16(4A)
Article 16(4A), added by the 77th Amendment (1995) and extended to consequential seniority by the 85th, enables reservation in promotion. Article 15(5) covers education, Article 330 seats in the Lok Sabha, and Article 46 is a Directive Principle.