Eguaglianza e diversità nel costituzionalismo democratico dell'Unione indiana

Among the original features of contemporary Indian constitutionalism, there is the ability to reconcile a strong egalitarian inclination with a full recognition of diversity, in the framework of a multicultural society. The essay begins with a reconstruction of the Indian legal order in post-modern terms and with an analysis of the main doctrines leading to the establishment of a complex and strong “right to equality", which is structured, within the Indian Bill of Rights, in 5 articles. The Author describes the peculiar balance between equality and diversity through some references to the "affirmative action" policies in favour of some weak section of society, which marked, since 1950, the affirmation and growth of Indian democracy. In the conclusions, the Author emphasizes that the responses adopted by the Indian legal order to reconcile equality of opportunity and protection of minorities, offer particularly interesting insights for the resolution of the problems of coexistence between different identities, within the contemporary multicultural State.