Chapter 7 The Supreme Court and the Constitution 182 Chapter 7 Role of Supreme Court in Arresting Social Democracy Ayaz Ahmad “If we wish to maintain democracy not merely in form, but also in fact, what must we do?..thing we must do is not to be content with mere political democracy. We must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life which recognizes liberty, equality and fraternity as the principles of life.” Dr. B R Ambedkar 1 1. Introduction Realisation of social democracy through constitutional methods is often termed as ‘silent revolution 2 ’. The Constitution of independent India, therefore, made elaborate provisions to bring about social democracy on Indian soil to ground the political democracy on it. From the perspective of social democracy, the most prominent among them are provisions that relate to substantive equality under Article 14, for the advancement of socially and educationally backward classes (SEBCs) under Article 15(4) and for the reservation of appointments or posts in their favor under Article 16(4). These provisions are meant to bring social democracy by providing representation to socially backward classes in educational, living and bureaucratic spaces. The idea was that through certain measures under the equality clause, SEBCs could educate themselves for social mobility and sit on policy tables as equals to influence decisions concerning the shape and form of their future. The performance of the Supreme Court with respect to the equality clause, therefore, is the key yardstick to assess its role in promoting or for that matter arresting the march of social democracy. How has the Supreme Court responded to the schemes framed under Articles 14, 15(4) and 16(4) for the upliftment of socially backward classes? Has the apex court facilitated the implementation of these schemes by interpreting relevant provisions of the Constitution with the spirit of social democracy imbued with them? On the contrary, has the Supreme Court acted as the guardian of the interests of socially advanced classes whose interests clash with those of socially backward classes? Social democracy by postulating the principle of equality among different social groups inevitably entails a clash of interests among different identities which generates partisan subject positions. Which of the subject positions has 1 Dr. Babasaheb Ambedkar, Writings and Speeches, Vol 13, P-1216. 2 Christophe Jafferlot, India's Silent Revolution: The Rise of the Lower Castes in North India (Orient Blackswan 2003).