Reservation Policy and Social Justice in India: A Constitutional Perspective

Reservation, as a significant policy, has been employed to address historical inequalities and uplift marginalised communities. This paper explores the relationship between reservation policies and social justice in India. It examines the theoretical concepts of social justice and analyses the Indian Constitution's approach to equality and affirmative action. It also delves into the role of reservation as a tool for achieving social justice. The study examines how the Indian Constitution adopts a multifaceted approach to social justice. The study argues that reservation policies play a crucial role in achieving social justice by rectifying historical discrimination.

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Partly prompted by the current social unrest in India regarding the reservation policy and partly stimulated by the facts of the matter, I begin the process here of looking at the issue of reservation and social justice in a slightly different way. I leave it to you to say what, if anything, is different about this way.

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Post-independence reservation policy in India is based on the values of compensation for past injuries, protection of vulnerable, proportional equality, distributive social justice and social welfare. Even after sixty-eight years of incessant implementation, „classless and casteless‟ Indian society has not been realised; on the contrary there are ever-increasing demands of various castes through active and aggressive casteism for inclusion in Other Backward Classes category for getting reserved quotas in educational institutes and governmental jobs. It implies that the current reservation scheme is not being successful in eradication of social and educational inequality making its review and restructure imperative. Indian judiciary through sagacious interpretations from time to time channels Indian democracy towards more apposite reservation policy. This Article attempts to rekindle the thought-process that criterion of „backwardness‟ has to be re-defined on „scale of neediness‟ for being eligible for constitutional policy of protective discrimination; substantiating it‟s assessments with landmark judicial pronouncements.

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The reservation system is an affirmative action that addresses historical and social inequalities marginalized communities face. The reservation policy in India was introduced after independence to promote social justice and upliftment of historically disadvantaged groups such as the Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The Indian Constitution provides for reservation in education, employment, and political representation. The reservation policy has been a subject of debate and controversy in India. While some argue that correcting historical injustices is necessary, others believe it is discriminatory and hinders merit-based selection. This research paper provides an overview of the reservation policy in India, examining the constitutional provisions that underpin this contentious issue. Through a comprehensive analysis of the historical and legal context, the study aims to shed light on the origins, implementation, and impact of reservation policy in India. By highlighting the challenges and opportunities this policy presents, the study seeks to contribute to the ongoing debate on affirmative action and social justice in India. Ultimately, this research paper offers a nuanced and insightful perspective on one of India's most complex and enduring issues.

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ASIAN JOURNAL OF ACADEMIC STUDIES

This Article endeavors to analyze and do a comprehensive study of the reservation policy of India as mandated by Article 15 and 16 of the Indian Constitution. The study attempts to trace the course of reservation policies since the Independence and how it has become a political tool in the hands of different governments to forward their political interests. The article evaluates ‘cast’ as a criteria employed by state to determine ‘backward classes’ on the touchstone of reasonableness and fairness. The article mainly deals with the issue in two steps. Firstly, by doing a critical analysis of Mandal Commission report and subsequent Indra Swahney case, secondly, by focusing on the transforming view of the Apex Court in different cases overtime and the conflicting opinions of different benches. This is done by an in-depth analysis of important pronouncements in this regard. In the research the author highlights the views of eminent jurists and also incorporates his own view regarding the widely politicized issue.

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Economies and Politics Weekly

The article provides a comprehensive analysis of the reservation system in India, exploring its historical evolution and the key judicial judgments that have shaped it. It begins by emphasizing the constitutional commitment to securing social, economic, and political justice for marginalized communities. The historical context is then discussed, focusing on the early 20th-century dissatisfaction among non-Brahmins and the formation of the Justice Party to challenge Brahmin dominance. The Justice Party's success in securing reservations for non-Brahmins is highlighted, as well as the subsequent shifts in the Congress party's stance on reservations. The article delves into the Champakam Dorairajan case, which challenged caste-based reservations, and the subsequent constitutional amendments that introduced economic criteria into reservations. It discusses various Supreme Court cases that clarified reservation percentages, the concept of the "creamy layer," and the 103rd Constitutional Amendment, which introduced economic criteria in reservations. The conclusion emphasizes the challenges of maintaining a balance in reservation policies, ensuring that opportunities are provided to genuinely backward individuals while preventing misuse. The article acknowledges the social tensions that have arisen from reservations and calls for careful calibration to achieve social harmony and inclusive development. The reservation system in India is presented as a critical tool in addressing historical inequalities while fostering equitable access to education and employment opportunities.

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A common debates in Indian is to equate affirmative action with the reservation of seats in academic institutions and the reservations of posts in public employment. This popular misunderstanding was entrenched in the 1990s with the intense media focus on the Mandal Commission's Recommendations. Marc Galanter's socio-legal study of affirmative action programmes in India-titled 'Competing Equalities' 3-provides us with a broad typology of the nature of programmes being pursued to advance the interests of the lower and weaker castes. These programmes range, besides the current reservations model, from the preferential allotment of petrol bunks and other state assistance to scholarships and the construction of hostels for lower-caste students. Debates on affirmative action often ignore the reservation of seats in different levels of government for women and Scheduled Castes and Scheduled Tribes, which are arguably the most important programme currently in operation. Thi.

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Abstract:- A true democracy is recognized when all people have the same ability to make the decisions regarding the government. In this view the theme of reservations is adopted to bring this equality in thought and goal. "If some members are too advanced socially, the link between them and the rest of the class is needed. That’s way preamble of our constitution contains the phrase: “Justice – as social economic and political”. For this reason reservation policy is an exception to the equality rule it is still considered a key element of equality. As equality has many dimensions and one such dimension is the reservation policy for the backward classes and to achieve the equality of status and of opportunity for this reservation considered necessary. Thus, reservation may be a means to achieve equality but if it not administered properly, it can also achieve inequality. I would start my paper by pointing out the historical reasons for giving reservation and this paper looks at some of the more important chronological, constitutional and lawful moments in the development of a reservations procedure in India. Keywords: Equality, Reservation, Discrimination, Economically and Socially Backward classes, Creamy layer Reasonable and fair manner.

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Affirmative action in the form of reservation/quota has acquired significant attention in public policy discourse right since India achieved Independence. Despite the existence of genuine limitations of the reservation system in terms of its application to the kind of social inequalities that persist in our society, other forms of affirmative action have received very little attention in India.

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Science, Technology and Development

The Indian Constitution upholds social, economic, and political fairness for all citizens while promoting equal resource distribution and adult suffrage. Article 5 guarantees the rights of citizens, whereas Article 14 ensures equal protection under the law, forbids discrimination, and enables taxation by the government. Examining the issue and how it hampers social and economic equality is the goal of research studies. Notwithstanding criticism, reservations are a key political issue in India that promotes affirmative action for underprivileged communities through government jobs and educational institutions. Despite significant criticism, the Indian Constitution's 23 rd , 45 th , 62 nd , 79 th , and 95 th amendments established and prolonged the duration of holding reserve seats in government jobs and educational institutions. Reservations in promotions, as implemented by the 77 th and 85 th amendments, have raised concerns. The Indian Constitution guarantees that no one is above the law and that everyone is treated equally in front of the law. While Article 16 guarantees equal opportunity in employment and appointments, Article 15 prohibits discrimination on the basis of race, caste, sex, religion, or place of birth. Mandatory state residency, scheduling appointments for poor groups, and taking into account the concerns of Scheduled Castes and Tribes are some examples of exclusions. Article 17 forbids untouchability, and anyone found infringing on this clause may face legal action. In spite of the foregoing, the main objective of this research article is to examine how reservation policy and economic variables influence employment in India and Tamil Nadu through a theoretical analysis with the help of secondary sources of data and statistical information pertinent to the article's topic. This viewpoint sees the issue at hand as urgently necessary as well as socially and historically significant.

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