The document discusses the history and evolution of reservation policies in India. Some key points:
- Reservations began in the early 1900s in some states to benefit backward classes. The Constitution formalized reservations to promote social justice and equality.
- Current reservation quotas are 49.5% for SC, ST, and OBC groups. The new EWS quota provides 10% additional reservation for economically weaker sections from general categories.
- The 124th Constitutional amendment and recent EWS Act aims to benefit upper castes below the income threshold, increasing total reservation to 59.5%. However, the Supreme Court has previously capped overall quotas at 50%.
The Indecent Representation of Women (Prohibition) Act 1986 prohibits the indecent representation of women through advertisements, publications, writings, paintings, figures or in any other manner. Any person who contravenes this act can be punished with imprisonment of up to two years for a first conviction, and up to five years for subsequent convictions. The National Commission for Women has suggested changes to widen the scope of this act, which are being examined by the Ministry of Women and Child Development.
The document discusses reservations in the Indian education system. It provides background on when reservations were introduced and the types of reservations that exist. It outlines the current situation where reservations make up 45% of many state quotas. It also discusses the debate around reservations, with supporters arguing it promotes equality while opponents say it hampers merit. Potential consequences are discussed like some taking undue advantage. Suggested solutions include basing reservations on family income and limiting it to the first two children. The conclusion is that while reservations achieved their goal, continued revisions may be needed.
Reservation in India provides quotas for government jobs, public office seats, and admissions to higher education for historically disadvantaged groups. It aims to enhance the social and economic status of Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The reservation system has evolved over time from the ancient Hindu caste hierarchy to measures introduced pre-independence like the Communal Award and post-independence under Dr. Ambedkar. While proponents argue it strengthens disadvantaged groups, critics say it can result in more qualified candidates being rejected and is sometimes misused when not focused on those most in need. The document suggests the system should target those lacking financial means rather than be based on caste alone and should not
Right to Education - never fades : An informative slide presentation by Soundararajan, Biz and Legis, International Law firm India. Pioneers in Virtual Legal Practice Globally. Biz and Legis provides online legal service, legal answers and Litigation support services.
The document discusses India's system of reservations or quotas for underrepresented groups in education and government jobs. It notes that a certain percentage of positions are reserved for scheduled castes, scheduled tribes, and other backward classes to improve their well-being and representation. However, it questions whether the system has truly helped the downtrodden given that lower castes still face discrimination, and suggests that revolutionary education reform may be more effective than reservations alone.
Fundamental Duties are enshrined under Part IV A of the Constitution of India. The duties though not justifiable but are integral to constitutional spirit.
The document provides information about the Directive Principles of State Policy (DPSP) in the Constitution of India. It states that the DPSP are non-justiciable guidelines for governments to establish a just society. The principles were inspired by the Irish Constitution and Gandhism. They aim to create conditions for good living and establish social and economic democracy through a welfare state. The DPSP are classified into socialist, Gandhian, liberal and general principles and are embodied in Articles 36-51 of the Constitution.
Right to equality is guaranteed under Article 14 of the Indian Constitution. It provides that the state shall not deny any person equality before the law or equal protection of the laws. Article 14 ensures equality among equals by prohibiting class legislation that discriminates without a reasonable basis. While Article 14 allows reasonable classification, it prohibits discrimination that is arbitrary, artificial, or evasive. Certain exceptions to the right to equality are permitted under the Constitution, such as affirmative action for women, children, Scheduled Castes, Scheduled Tribes, and other backward classes.
The Indecent Representation of Women (Prohibition) Act 1986 prohibits the indecent representation of women through advertisements, publications, writings, paintings, figures or in any other manner. Any person who contravenes this act can be punished with imprisonment of up to two years for a first conviction, and up to five years for subsequent convictions. The National Commission for Women has suggested changes to widen the scope of this act, which are being examined by the Ministry of Women and Child Development.
The document discusses reservations in the Indian education system. It provides background on when reservations were introduced and the types of reservations that exist. It outlines the current situation where reservations make up 45% of many state quotas. It also discusses the debate around reservations, with supporters arguing it promotes equality while opponents say it hampers merit. Potential consequences are discussed like some taking undue advantage. Suggested solutions include basing reservations on family income and limiting it to the first two children. The conclusion is that while reservations achieved their goal, continued revisions may be needed.
Reservation in India provides quotas for government jobs, public office seats, and admissions to higher education for historically disadvantaged groups. It aims to enhance the social and economic status of Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The reservation system has evolved over time from the ancient Hindu caste hierarchy to measures introduced pre-independence like the Communal Award and post-independence under Dr. Ambedkar. While proponents argue it strengthens disadvantaged groups, critics say it can result in more qualified candidates being rejected and is sometimes misused when not focused on those most in need. The document suggests the system should target those lacking financial means rather than be based on caste alone and should not
Right to Education - never fades : An informative slide presentation by Soundararajan, Biz and Legis, International Law firm India. Pioneers in Virtual Legal Practice Globally. Biz and Legis provides online legal service, legal answers and Litigation support services.
The document discusses India's system of reservations or quotas for underrepresented groups in education and government jobs. It notes that a certain percentage of positions are reserved for scheduled castes, scheduled tribes, and other backward classes to improve their well-being and representation. However, it questions whether the system has truly helped the downtrodden given that lower castes still face discrimination, and suggests that revolutionary education reform may be more effective than reservations alone.
Fundamental Duties are enshrined under Part IV A of the Constitution of India. The duties though not justifiable but are integral to constitutional spirit.
The document provides information about the Directive Principles of State Policy (DPSP) in the Constitution of India. It states that the DPSP are non-justiciable guidelines for governments to establish a just society. The principles were inspired by the Irish Constitution and Gandhism. They aim to create conditions for good living and establish social and economic democracy through a welfare state. The DPSP are classified into socialist, Gandhian, liberal and general principles and are embodied in Articles 36-51 of the Constitution.
Right to equality is guaranteed under Article 14 of the Indian Constitution. It provides that the state shall not deny any person equality before the law or equal protection of the laws. Article 14 ensures equality among equals by prohibiting class legislation that discriminates without a reasonable basis. While Article 14 allows reasonable classification, it prohibits discrimination that is arbitrary, artificial, or evasive. Certain exceptions to the right to equality are permitted under the Constitution, such as affirmative action for women, children, Scheduled Castes, Scheduled Tribes, and other backward classes.
Equality of opportunity in public employment ARTICLE 16Mamta Bagoria
This document discusses equality of opportunity in public employment in India as outlined in Article 16 of the constitution. It provides for no discrimination in employment or appointments based on religion, race, caste, sex, place of birth, or residence. There are four exceptions to this - residence can be required for some jobs, reservations can be made for adequate representation of backward classes, religious institutions can require adherents for certain roles, and up to 10% reservation can be made for economically weaker sections.
This document discusses fundamental rights under the Indian constitution. It covers four parts:
1) It defines fundamental rights and the six rights that are protected: right to equality, freedom, anti-exploitation, religion, education and remedies.
2) It specifies that these rights protect individuals from the state but not private individuals, and defines what constitutes an agency of the state.
3) It discusses habeas corpus, the writ to have a detained person brought before the court.
4) It introduces several doctrines related to fundamental rights: severability, eclipse, and waiver.
This document discusses the right against exploitation and cultural and educational rights under Articles 23-24 and 29-30 of the Indian Constitution. It provides an overview of the key provisions, including a prohibition on trafficking and forced labor (Article 23), a ban on child labor (Article 24), protections for minority languages, scripts and cultures (Article 29), and the right of minorities to establish and administer their own educational institutions (Article 30). It also summarizes several important court cases related to these rights and discusses debates around the definition of minorities in India.
Economically weaker sections reservation ppt by Rajashree J Jawalesundarsasane
The document discusses the history and provisions of reservation in India. It outlines that reservations were first introduced in 1902 in the princely state of Kohlapur to benefit backward classes. The constitution also allows for reservations for scheduled castes, scheduled tribes and other backward classes. Recently, a 10% reservation has been introduced for economically weaker sections among general categories by amending Articles 15 and 16 of the constitution. This provides reservation in education and government jobs for those with an annual income below Rs. 8 lakh and agricultural land less than 5 hectares. The states have the freedom to decide the income criteria for beneficiaries under this provision. Overall, the document traces the evolution of reservation policies in India from the early 1900s to the present day
The document discusses the six fundamental rights provided by the Indian Constitution:
1) Right to equality - which includes equality before law, social equality, abolition of untouchability, and equality in public employment.
2) Right to freedom - including freedom of speech, movement, profession, and more.
3) Right against exploitation - protecting citizens from trafficking, forced labor, and child labor.
4) Right to freedom of religion - to hold beliefs and propagate religion.
5) Cultural and educational rights of minorities - rights to preserve culture and language and establish educational institutions.
6) Right to constitutional remedies - the right to approach the Supreme Court for violations of fundamental rights, through writs like habeas corpus.
Reservation in Education, Employment, Beneficiary group of the reservation System, Excluded from the reservation system, Advantages and Disadvantages of reservation system,
The document discusses India's reservation policies and affirmative action programs. It outlines that quotas exist for underrepresented groups like Scheduled Castes, Scheduled Tribes, and Other Backward Classes in government jobs, public education, and political positions. Private companies like Tata have also voluntarily implemented affirmative action programs through initiatives like skills training and relaxed hiring criteria for disadvantaged groups. While the policies have increased representation, issues around merit dilution and lower productivity in private industry remain. An ideal solution would be to remove all reservation criteria and ensure non-discrimination.
This document outlines some key fundamental rights guaranteed by the Indian constitution. It discusses the basic definition of fundamental rights as rights that provide individuals safety, security and are enshrined in the constitution. It then lists some specific fundamental rights Indians enjoy, including the right to equality, freedom, freedom from exploitation, freedom of religion, cultural and education rights, and right to constitutional remedies. It provides some additional context and explanation for rights like the right to equality, freedom, and freedom from exploitation. The document also briefly discusses fundamental duties that are owed to the state in return for the fundamental rights granted.
This document discusses the doctrine of colourable legislation and legislative accountability in India. It begins by explaining that India has an indirect separation of powers between the legislature, judiciary, and executive, and that the legislature is meant to frame laws. The doctrine of colourable legislation states that the legislature cannot do indirectly what it cannot do directly. The document then discusses two types of legislative accountability - legal accountability and moral accountability. It notes that while the legislature is morally accountable, it will analyze legal accountability as that relates more to the topic. The document aims to analyze the extent and context of the legislature's legal accountability with respect to the powers conferred to it by the constitution.
This document discusses India's system of reservation, which aims to promote equal opportunity and eradicate inequality. It provides historical context, outlines key constitutional provisions and court cases related to reservation. While reservation was initially intended to address social and educational backwardness, the criteria for determining reservation has not changed since 1950 despite significant social development. The current reservation quota exceeds 45% in some states, raising concerns about impact on merit, efficiency and quality of education. Suggestions are made to review the reservation system and establish new criteria based on economic status and poverty, along with ensuring transparency. In conclusion, while reservation initially served a reformatory purpose, the criteria is now outdated and a holistic approach is needed to truly achieve equality.
Article 15 PROHIBITION OF DISCRIMINATION ON CERTAIN GROUNDSMamta Bagoria
Article 15 of the Constitution prohibits discrimination by the State on grounds of religion, race, caste, sex or place of birth. There are exceptions that allow the State to make special provisions for women, children, and socially and educationally backward classes for their advancement. The Constitution also allows reservation of up to 10% seats for economically weaker sections in educational institutions. There are guidelines on determining the "creamy layer" among Other Backward Classes who will not get reservation benefits, and criteria for defining Economically Weaker Sections eligible for 10% reservation in education.
Article 16 of the constitution of indiaAmulya Nigam
This document discusses constitutional rights protecting women in India. It summarizes that the Constitution of India guarantees equality for all Indian women under Article 14, prohibits discrimination by the state under Article 15(1), and provides for equality of opportunity in public employment under Article 16. Article 16 specifically ensures equality of opportunity in matters of public employment without discrimination based on religion, race, caste, sex, etc. The document also discusses two Supreme Court cases, Air India v Nargesh Mirza and Randhir Singh v. Union of India, related to Article 16 and the principles of equal pay for equal work. It then summarizes the Vishakha v. State of Rajasthan case which laid down guidelines against sexual harassment at work
The document provides details about the composition and structure of Lokpal as established under the Lokpal and Lokayuktas Act, 2013. It states that Lokpal is a multi-member statutory body headed by a chairperson who is a former Chief Justice of India or Supreme Court judge. It can have a maximum of 8 members including at least 4 judicial members. The selection committee for appointing the chairperson and members includes the Prime Minister, Lok Sabha Speaker, and Leader of Opposition. Lokpal has inquiry and prosecution wings headed by Directors to investigate and prosecute corruption cases against public servants under its jurisdiction.
The document discusses Article 14 of the Indian Constitution which guarantees equality before the law and equal protection of laws. It explains that Article 14 prohibits unreasonable discrimination and establishes equality of status and opportunity. While equality before law means absence of special privileges, equal protection of laws ensures equal treatment in equal circumstances. The article elaborates on the principles of equality before law, equal protection of laws, and reasonable classification and discusses Supreme Court rulings regarding Article 14.
This document discusses affirmative action and reservations in India under Articles 15 and 16 of the Indian Constitution. It provides context on the need for protective discrimination and summarizes key cases related to discrimination on the basis of caste, gender, religion and place of birth. It also summarizes the recommendations and criteria of commissions like Kalelkar and Mandal to define and identify socially and educationally backward classes for the purpose of reservations.
The document discusses minority rights in India. It defines minorities as groups differentiated by religion, nationality, language or culture that see themselves and are seen by others as distinct within society. The constitution guarantees minorities several rights, including cultural and educational rights. Specifically, it protects minorities' right to conserve their own language, script and culture (Article 29) and establishes and administers their own educational institutions (Article 30). However, minority institutions must still adhere to reasonable regulations regarding curriculum, admissions and management. The document outlines various court cases that have interpreted and applied these constitutional rights.
The document summarizes the key elements of the Preamble to the Constitution of India. It begins by explaining that the Preamble sets out the guiding principles and purpose of the Constitution. It then provides details on the original and current text of the Preamble. Some of the key terms in the Preamble like sovereign, socialist, secular, democratic, republic, justice, liberty, equality and fraternity are then defined in detail. It concludes by noting that the Preamble has been amended only once, through the 42nd amendment in 1976, which added the words "socialist" and "secular".
This document provides an overview of Article 19 of the Indian Constitution which guarantees certain fundamental rights regarding freedom of speech, expression, assembly, movement, residence, and profession to citizens of India. It discusses these rights and the reasonable restrictions that can be imposed on them under Article 19(2) for purposes like security of the state, public order, decency or morality, contempt of court, defamation, and incitement to offense. It also summarizes key cases like Express Newspapers that have established the importance of freedom of press in a democracy. Overall, the document concisely summarizes the key aspects of Article 19 rights and restrictions in India according to the Indian Constitution and judicial precedents.
This document summarizes key aspects of Article 19 of the Indian Constitution, which protects certain fundamental rights of citizens. It discusses the rights to freedom of speech, assembly, association, movement, residence, and occupation as outlined in Article 19(1). It then examines reasonable restrictions that can be imposed on these rights as per Articles 19(2)-19(6) in the interests of sovereignty, public order, morality, etc. Case laws are cited to illustrate how the Supreme Court has interpreted and applied these rights and restrictions over time. The document provides a concise yet comprehensive overview of the fundamental rights protected by Article 19.
Economic weaker section Reservation PPT by Rajashree J Jawalesundarsasane
The document discusses the history and provisions of reservation in India. It outlines that reservations were first introduced in 1902 in the princely state of Kohlapur to benefit backward classes. The Constitution also contains provisions for reservation and affirmative action for scheduled castes, scheduled tribes and other backward classes. Recently, the 124th Constitutional amendment was passed providing 10% reservation in government jobs and education to those from the general category with an annual income below Rs. 8 lakh, to benefit the economically weaker sections. This is in addition to the existing reservations for SC, ST and OBC communities.
The document discusses India's reservation system which aims to uplift marginalized communities through quotas for government jobs and education. It provides background on the origins of the reservation system in India's caste system and constitutional provisions. While the objectives were to promote equality and establish an egalitarian society, the reservation system has now strengthened caste divisions and led to a focus on being declared backward to access benefits rather than promoting true equality of opportunity. The system intended as a temporary measure is now a permanent fixture that risks becoming a "never-ending era" and promoting reverse discrimination. Overall, the document questions how effective reservations have been at achieving the goals of equality and suggests the focus should shift to increasing merit and competency across all communities.
Equality of opportunity in public employment ARTICLE 16Mamta Bagoria
This document discusses equality of opportunity in public employment in India as outlined in Article 16 of the constitution. It provides for no discrimination in employment or appointments based on religion, race, caste, sex, place of birth, or residence. There are four exceptions to this - residence can be required for some jobs, reservations can be made for adequate representation of backward classes, religious institutions can require adherents for certain roles, and up to 10% reservation can be made for economically weaker sections.
This document discusses fundamental rights under the Indian constitution. It covers four parts:
1) It defines fundamental rights and the six rights that are protected: right to equality, freedom, anti-exploitation, religion, education and remedies.
2) It specifies that these rights protect individuals from the state but not private individuals, and defines what constitutes an agency of the state.
3) It discusses habeas corpus, the writ to have a detained person brought before the court.
4) It introduces several doctrines related to fundamental rights: severability, eclipse, and waiver.
This document discusses the right against exploitation and cultural and educational rights under Articles 23-24 and 29-30 of the Indian Constitution. It provides an overview of the key provisions, including a prohibition on trafficking and forced labor (Article 23), a ban on child labor (Article 24), protections for minority languages, scripts and cultures (Article 29), and the right of minorities to establish and administer their own educational institutions (Article 30). It also summarizes several important court cases related to these rights and discusses debates around the definition of minorities in India.
Economically weaker sections reservation ppt by Rajashree J Jawalesundarsasane
The document discusses the history and provisions of reservation in India. It outlines that reservations were first introduced in 1902 in the princely state of Kohlapur to benefit backward classes. The constitution also allows for reservations for scheduled castes, scheduled tribes and other backward classes. Recently, a 10% reservation has been introduced for economically weaker sections among general categories by amending Articles 15 and 16 of the constitution. This provides reservation in education and government jobs for those with an annual income below Rs. 8 lakh and agricultural land less than 5 hectares. The states have the freedom to decide the income criteria for beneficiaries under this provision. Overall, the document traces the evolution of reservation policies in India from the early 1900s to the present day
The document discusses the six fundamental rights provided by the Indian Constitution:
1) Right to equality - which includes equality before law, social equality, abolition of untouchability, and equality in public employment.
2) Right to freedom - including freedom of speech, movement, profession, and more.
3) Right against exploitation - protecting citizens from trafficking, forced labor, and child labor.
4) Right to freedom of religion - to hold beliefs and propagate religion.
5) Cultural and educational rights of minorities - rights to preserve culture and language and establish educational institutions.
6) Right to constitutional remedies - the right to approach the Supreme Court for violations of fundamental rights, through writs like habeas corpus.
Reservation in Education, Employment, Beneficiary group of the reservation System, Excluded from the reservation system, Advantages and Disadvantages of reservation system,
The document discusses India's reservation policies and affirmative action programs. It outlines that quotas exist for underrepresented groups like Scheduled Castes, Scheduled Tribes, and Other Backward Classes in government jobs, public education, and political positions. Private companies like Tata have also voluntarily implemented affirmative action programs through initiatives like skills training and relaxed hiring criteria for disadvantaged groups. While the policies have increased representation, issues around merit dilution and lower productivity in private industry remain. An ideal solution would be to remove all reservation criteria and ensure non-discrimination.
This document outlines some key fundamental rights guaranteed by the Indian constitution. It discusses the basic definition of fundamental rights as rights that provide individuals safety, security and are enshrined in the constitution. It then lists some specific fundamental rights Indians enjoy, including the right to equality, freedom, freedom from exploitation, freedom of religion, cultural and education rights, and right to constitutional remedies. It provides some additional context and explanation for rights like the right to equality, freedom, and freedom from exploitation. The document also briefly discusses fundamental duties that are owed to the state in return for the fundamental rights granted.
This document discusses the doctrine of colourable legislation and legislative accountability in India. It begins by explaining that India has an indirect separation of powers between the legislature, judiciary, and executive, and that the legislature is meant to frame laws. The doctrine of colourable legislation states that the legislature cannot do indirectly what it cannot do directly. The document then discusses two types of legislative accountability - legal accountability and moral accountability. It notes that while the legislature is morally accountable, it will analyze legal accountability as that relates more to the topic. The document aims to analyze the extent and context of the legislature's legal accountability with respect to the powers conferred to it by the constitution.
This document discusses India's system of reservation, which aims to promote equal opportunity and eradicate inequality. It provides historical context, outlines key constitutional provisions and court cases related to reservation. While reservation was initially intended to address social and educational backwardness, the criteria for determining reservation has not changed since 1950 despite significant social development. The current reservation quota exceeds 45% in some states, raising concerns about impact on merit, efficiency and quality of education. Suggestions are made to review the reservation system and establish new criteria based on economic status and poverty, along with ensuring transparency. In conclusion, while reservation initially served a reformatory purpose, the criteria is now outdated and a holistic approach is needed to truly achieve equality.
Article 15 PROHIBITION OF DISCRIMINATION ON CERTAIN GROUNDSMamta Bagoria
Article 15 of the Constitution prohibits discrimination by the State on grounds of religion, race, caste, sex or place of birth. There are exceptions that allow the State to make special provisions for women, children, and socially and educationally backward classes for their advancement. The Constitution also allows reservation of up to 10% seats for economically weaker sections in educational institutions. There are guidelines on determining the "creamy layer" among Other Backward Classes who will not get reservation benefits, and criteria for defining Economically Weaker Sections eligible for 10% reservation in education.
Article 16 of the constitution of indiaAmulya Nigam
This document discusses constitutional rights protecting women in India. It summarizes that the Constitution of India guarantees equality for all Indian women under Article 14, prohibits discrimination by the state under Article 15(1), and provides for equality of opportunity in public employment under Article 16. Article 16 specifically ensures equality of opportunity in matters of public employment without discrimination based on religion, race, caste, sex, etc. The document also discusses two Supreme Court cases, Air India v Nargesh Mirza and Randhir Singh v. Union of India, related to Article 16 and the principles of equal pay for equal work. It then summarizes the Vishakha v. State of Rajasthan case which laid down guidelines against sexual harassment at work
The document provides details about the composition and structure of Lokpal as established under the Lokpal and Lokayuktas Act, 2013. It states that Lokpal is a multi-member statutory body headed by a chairperson who is a former Chief Justice of India or Supreme Court judge. It can have a maximum of 8 members including at least 4 judicial members. The selection committee for appointing the chairperson and members includes the Prime Minister, Lok Sabha Speaker, and Leader of Opposition. Lokpal has inquiry and prosecution wings headed by Directors to investigate and prosecute corruption cases against public servants under its jurisdiction.
The document discusses Article 14 of the Indian Constitution which guarantees equality before the law and equal protection of laws. It explains that Article 14 prohibits unreasonable discrimination and establishes equality of status and opportunity. While equality before law means absence of special privileges, equal protection of laws ensures equal treatment in equal circumstances. The article elaborates on the principles of equality before law, equal protection of laws, and reasonable classification and discusses Supreme Court rulings regarding Article 14.
This document discusses affirmative action and reservations in India under Articles 15 and 16 of the Indian Constitution. It provides context on the need for protective discrimination and summarizes key cases related to discrimination on the basis of caste, gender, religion and place of birth. It also summarizes the recommendations and criteria of commissions like Kalelkar and Mandal to define and identify socially and educationally backward classes for the purpose of reservations.
The document discusses minority rights in India. It defines minorities as groups differentiated by religion, nationality, language or culture that see themselves and are seen by others as distinct within society. The constitution guarantees minorities several rights, including cultural and educational rights. Specifically, it protects minorities' right to conserve their own language, script and culture (Article 29) and establishes and administers their own educational institutions (Article 30). However, minority institutions must still adhere to reasonable regulations regarding curriculum, admissions and management. The document outlines various court cases that have interpreted and applied these constitutional rights.
The document summarizes the key elements of the Preamble to the Constitution of India. It begins by explaining that the Preamble sets out the guiding principles and purpose of the Constitution. It then provides details on the original and current text of the Preamble. Some of the key terms in the Preamble like sovereign, socialist, secular, democratic, republic, justice, liberty, equality and fraternity are then defined in detail. It concludes by noting that the Preamble has been amended only once, through the 42nd amendment in 1976, which added the words "socialist" and "secular".
This document provides an overview of Article 19 of the Indian Constitution which guarantees certain fundamental rights regarding freedom of speech, expression, assembly, movement, residence, and profession to citizens of India. It discusses these rights and the reasonable restrictions that can be imposed on them under Article 19(2) for purposes like security of the state, public order, decency or morality, contempt of court, defamation, and incitement to offense. It also summarizes key cases like Express Newspapers that have established the importance of freedom of press in a democracy. Overall, the document concisely summarizes the key aspects of Article 19 rights and restrictions in India according to the Indian Constitution and judicial precedents.
This document summarizes key aspects of Article 19 of the Indian Constitution, which protects certain fundamental rights of citizens. It discusses the rights to freedom of speech, assembly, association, movement, residence, and occupation as outlined in Article 19(1). It then examines reasonable restrictions that can be imposed on these rights as per Articles 19(2)-19(6) in the interests of sovereignty, public order, morality, etc. Case laws are cited to illustrate how the Supreme Court has interpreted and applied these rights and restrictions over time. The document provides a concise yet comprehensive overview of the fundamental rights protected by Article 19.
Economic weaker section Reservation PPT by Rajashree J Jawalesundarsasane
The document discusses the history and provisions of reservation in India. It outlines that reservations were first introduced in 1902 in the princely state of Kohlapur to benefit backward classes. The Constitution also contains provisions for reservation and affirmative action for scheduled castes, scheduled tribes and other backward classes. Recently, the 124th Constitutional amendment was passed providing 10% reservation in government jobs and education to those from the general category with an annual income below Rs. 8 lakh, to benefit the economically weaker sections. This is in addition to the existing reservations for SC, ST and OBC communities.
The document discusses India's reservation system which aims to uplift marginalized communities through quotas for government jobs and education. It provides background on the origins of the reservation system in India's caste system and constitutional provisions. While the objectives were to promote equality and establish an egalitarian society, the reservation system has now strengthened caste divisions and led to a focus on being declared backward to access benefits rather than promoting true equality of opportunity. The system intended as a temporary measure is now a permanent fixture that risks becoming a "never-ending era" and promoting reverse discrimination. Overall, the document questions how effective reservations have been at achieving the goals of equality and suggests the focus should shift to increasing merit and competency across all communities.
This document provides background information on Scheduled Castes and Scheduled Tribes in India. It discusses how they have historically faced social, economic, political and educational problems due to their low status in the caste hierarchy. It outlines the constitutional provisions and government policies that have aimed to promote equality of opportunity and reservations for Scheduled Castes and Scheduled Tribes, especially in education. Key points covered include the criteria for identifying castes and tribes to be included in the official schedules, commitments by the current government to affirmative action and educational development, and special provisions made in educational schemes.
The document discusses minority rights in India. It notes that the Indian Constitution does not define "minority" and different courts have interpreted it in different ways. It outlines several rights granted to minorities under the Constitution, including rights to protect their language/culture (Article 29), rights to education (Articles 29-30), and rights to equality and non-discrimination (Articles 15-16). However, it concludes that failing to define "minority" in the Constitution has led to differing legal interpretations and challenges in implementing policies for minority welfare.
IRJET- A Study on the Issues of Reservation Policies in IndiaIRJET Journal
This document discusses the reservation policy in India. It provides background on the historical development of reservation policies dating back to the 19th century British rule. Key events discussed include the establishment of the first and second Backward Classes Commissions in 1953 and 1979 (Mandal Commission). The Mandal Commission recommended 27% reservation for Other Backward Classes. The document also outlines provisions in the Indian Constitution related to reservation, such as Articles 15(4), 16(4), 46, 341-342. It analyzes the criteria used to identify socially and educationally backward classes for the purposes of reservation. Overall, the document provides a comprehensive overview of the history and current framework of India's reservation system.
Reservation in india an overview by Rishikesh MandhaneRishikesh Mandhane
Reservation in India was introduced to promote social justice and advancement of socially and educationally backward classes and scheduled castes and tribes. It aims to correct historical wrongs and inequalities. However, over time the reservation system has become complex with many types of reservations, and there is ongoing debate around its impact on merit, efficiency and equality. Suggestions include reviewing the need and criteria for reservations regularly, focusing on socio-economic status over caste, and taking a holistic approach to rural development to eventually eliminate the need for caste-based reservations.
Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex or place of birth. It aims to remove disabilities and create opportunities. Article 15(1) prohibits the state from discriminating against any citizen on these grounds. Article 15(2) prohibits discrimination in access to public places. Article 15(3) allows for special provisions for women and children. Article 15(4) allows for affirmative action for socially and educationally backward classes. Article 15(5) allows the state to make provisions for admission to educational institutions. Article 15(6), added in 2019, provides for 10% reservation for economically weaker sections.
The Mandal Commission, also officially known as the Socially and Educationally Backward Classes ( SEBC ), was set up on 1st Jan 1979. It was the effort of the Indian Government and the then Prime Minister, Morarji Desai, who put forth the recommendations of the Mandal Commission.
The fundamental mandate of the commission was to identify the socially and educationally backward classes and foster them with reservation to counter caste inequality, social injustice, and discrimination. The Mandal Commission put forth their first recommendations on 31st December 1980 to the President.
The Mandal Commission was set up to acquire information and investigate the extent of the educationally and socially backward people in the country. Moreover, it identifies the so-called ‘Other Backward Class or OBC.
It gave recommendations on which ways of social inequality would be ended. However, by then, the Janta Dal had fallen.
This document provides an assessment of India's reservation system after 61 years. It discusses the historical background and context for reservations, how they are addressed in the Constitution, key Supreme Court rulings, and questions that have arisen over their implementation and effects. The conclusion is that while reservations aimed to promote equality, they have instead strengthened caste divisions and become a permanent crutch rather than a temporary measure. True equality will require increasing merit for all citizens rather than relying on quotas.
This document provides an assessment of 61 years of affirmative action/reservation policies in India. It argues that reservation was intended to be a temporary measure but has become a permanent fixture. Reservation undermines merit and promotes reverse discrimination. It has strengthened caste divisions rather than removing inequalities. After 60+ years, officially there are still no communities that have crossed barriers of backwardness. True equality will be achieved by increasing merit for all rather than through illusory policies like reservation.
NATIONAL SEMINAR-RIGHTS OF MINORITIES.pptxsharmilaperla
The document discusses the rights and vulnerabilities of minority groups in India, including those based on caste, religion, tribe, gender, and sexual orientation. It outlines key constitutional provisions related to minority rights, such as articles 29, 30, and 46. It describes the groups recognized as minorities under Indian law and problems they often face, such as deprivation of political and social rights. The government has implemented various schemes to promote the welfare and development of vulnerable groups, including those focused on education, employment, and financial support. While progress has been made, fully realizing human rights for all minorities remains an ongoing challenge.
Supreme Court order on disabled persons term.pdfMussabIqbal
The argument of the petitioner that in case the said seats are not filled by PWDs and the Non-Muslim minority in a particular year, the said seats should be opened and made available to general quota. This is not permissible as it would offend constitutional values, fundamental rights and the Principles of Policy as discussed above.
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Economic weaker sections Reservation
1. BY
Dr. Rajashree J Jawale
Assistant Professor
Rayat Shikshan Sansha’s
Ismailsaheb Mulla Law College Satara
profrajashreejawale@gmail.com
CHANGING TREND RESULTING IN TO
ECONOMIC WEAKER SECTIONS RESERVATIONS
2. Reservation
“Reservation”, also denoted as
“affirmative action” or “positive
discrimination”, it refers to a policy or
program, or giving certain preferences to
certain groups (usually under-represented
groups) over the others.
3. Historical Background of Reservation in
India
1. “Reservations in favour of the backward classed (BCs) were introduced
long before independence in a large area, comprising the presidency
areas and the princely states in the south of the Vindhyas. Chatrapati
Sahuji Maharaj, Maharaja of Kohlapur in Maharashtra, introduced
reservation in favour of backward classes in as early as 1902 to
eradicate poverty from amongst them and to give them their due share in
the state administration. The notification of 1902 created 50%
reservation in services for different communities in the State.
2. This notification was the first government order providing for reservation
for the welfare of depressed classes in India (Resham, 2012)”.
4. Cont…
In the year 1942, Dr. B.R Ambedkar established the all
India depressed classes’ federation to support the
advancement of the scheduled castes. He demanded
reservations for the Scheduled castes in government
services as well as other sectors.
However, in the year 1947, India obtained
independence and Dr. B.R. Ambedkar was appointed
chairman of the drafting committee for Indian
Constitution.
The India Constitution prohibits discrimination on the
grounds only of religion, race, caste, sex and place of
birth. While providing equality of opportunity for all
citizens, the Constitution contains special clauses
“for the advancement of any socially and
educationally backward classes of citizens or for the
5. International Covenant on Civil and
Political Rights, 1966
Article 26- All persons are equal before the law
and are entitled without any discrimination to the
equal protection of law.
Article 26 of the International Covenant on Civil
and Political Rights, 1966, not only uses both the
expressions but also adds explanatory words,
prohibiting discrimination.
6. CONSTITUTION OF INDIA 1950
ARTICLE 14,15,16,17, 21, 21-A
ARTICLE 45,46
RTE ACT 2009
AMENDMENTS IN CONSTITUION
7. WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED
TO Constitute INDIA INTO A "SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC" AND to secure all its citizens:
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY, of status and opportunity; and to promote among them
all;
FRATERNITY, assuring the dignity of individual the unity and
integrity of nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION
PREAMBLE OF THE INDIAN CONSTITUTION
8. Amita v. Union of India
1. It is embodied not only Arts. 15-18 as well as in
Arts. 3, 39, 39 A, 41 and 46.
2. It is a Negative concept because it implies the
absence of any privilege in favour of any
individual, and equal subjection of all classes to
the ordinary law.
3. It means law should be equal and should
equally administered, that is like should be
treated alike.
4. In short there shall not be discrimination. It is a
declaration of equality of privilege in favour of
9. Reservation in Higher Education –
According to the State of Maharashtra, the Supreme
Court abolished state quotas in private unaided
professional colleges and specifically held that the state
could not impose reservations in unaided institutions.
This led to the passing of the Constitution (Ninety-
third Amendment) Act, 2005 by the Parliament in
December, 2005 inserting the following clause (5)in
article 15 of the Constitution:
“Nothing in this article or in sub-clause (g) of clause (1) of article
19 shall prevent the state from making any special provision by
law, for the advancement of socially and educationally backward
classes of citizens or for the scheduled castes or scheduled
tribes in so far as such special provisions relate to their
admissions to educational institutions including private
educational institutions; whether aided or un-aided by the state,
other than the minority educational institutions referred to
10. The union government brought forth legislation
namely, the Central Educational Institutions
(Reservation in Admission) Act, 2006 (the Act)
under which the following scheme of reservation
has been provided:
Table – 1: Classification of Reservation CategorySerial No Reservation Category Weight age (%)
1. Scheduled Caste
(SC)
15%
2. Scheduled Tribe (ST) 7.5%
3. Other Backward
Caste (OBC)
27%
(Source: Annual Report, Ministry of Personnel, Public Grievances and Pensions,
Government of India, New Delhi, 2002-2003, Chapter5, Paragraph 5.2)
As a result of this, about 50% of the seats have now come under reservation
in all central educational institutions including institutions of higher learning
and professional institutes like IITs, IIMs and government medical and
engineering colleges.
14. Constitution 124th Amendment Act 2019
Constitution 124th Amendment Act 2019 provides
ten per cent reservation to the economically
weaker sections (EWS) in the General category.
facilitates reservation for EWS in direct recruitments
in jobs and admission in higher educational
institutions.
The reservation of EWS of general category will be
given without tampering the existing quotas for SC,
ST and OBCs people.
This is expected to benefit a huge section of upper
castes including Brahmins, Rajputs (Thakurs), Jats,
Marathas, Bhumihars, and several trading castes
including Kapus and Kammas.
15. Cont…
The new quota seeks to benefit the economically
backward among those castes that do not fall under
the quota meant for socially backward. This means
that people who do not benefit from the 50 per cent
existing quota and are below the EWS (Economically
Weaker Section) criteria, will benefit from this
reservation.
However, certain prerequisites have to be met by a
person in order to qualify as a beneficiary for the
reservation.
To begin with, people with an annual income of below
Rs 8 lakh and those with agricultural land below five
hectare are eligible for the quota.
Those who have a residential property below 1,000
sq ft will also be able to avail the benefits of this quota.
17. What will the “Economically Weaker
Sections Quota bill” amend in the Indian
Constitution?
Article 15 and Article 16 of the Indian
Constitution.
The 124th Constitutional Amendment received
the President’s assent on January 12.
18. 20-1-2006
Article 15 was amended and clause (5) to Article 15
was added. The amended Article 15(5) reads thus:
"15(5).—Nothing in this Article or in sub-clause (g) of
clause (1) of Article 19 shall prevent the State from
making any special provision, by law, for the
advancement of any social and educationally
backward classes of citizens or for the Scheduled
Castes or the Scheduled Tribes insofar as such
special provisions relate to their admission to
educational institutions including private education
institutions, whether aided or unaided by the State,
other than the minority education institutions referred
to in clause (1) of Article 30."
19. Amendment to Article 15 (Reservation in
Educational Institutions)
In article 15 of the Constitution, after clause (5), the
following clause shall be inserted, namely:—
‘(6) Nothing in this article or sub-clause (g) of clause
(1) of article 19 or clause (2) of article 29 shall prevent
the State from making,— any special provision for
the advancement of any economically weaker
sections of citizens other than the classes
mentioned in clauses (4) and (5) in so far as such
special provisions relate to their admission to
educational institutions including private
educational institutions, whether aided or unaided
by the State, other than the minority educational
institutions referred to in clause (1) of article 30, which
in the case of reservation would be in addition to
the existing reservations and subject to a
maximum of ten per cent of the total seats in each
category.
20. Amendment to Article 16 (Reservation in Jobs)
In Article 16 of the Constitution, after clause (5),
the following clause shall be
inserted, namely:— “(6) Nothing in this article shall
prevent the State from making any provision for
the reservation of appointments or posts in
favour of any economically weaker sections of
citizens other than the classes mentioned in
clause (4), in addition to the existing reservation
and subject to a maximum of ten per cent of the
posts in each category.”.
21. Who comes under the “Economically
Weaker Sections”?
For the purposes of article 15 and article 16,
“economically weaker sections” shall be such as
may be notified by the State from time to time on
the basis of family income and other indicators of
economic disadvantage.’
However, the Union Law and Justice Minister
Ravi Shankar Prasad said the states will have the
freedom to decide on income criterion of
beneficiaries under the provision.
This will be a class distinct from the already
specified classes of SCs, STs and socially and
educationally backward classes (OBCs).
23. Lok Sabha , passed The Constitution 124th Amendment Bill,
on 08-01-2019, the same day it was introduced in the
HouseThe Rajya Sabha on the same day it was introduced (09-
01-2019).
At present, reservations in India account for a total of
49.5%. If the 10% extra reservation for EWS is also taken
into account, it would be 59.5%.
7.5%, 15%, and 27% quotas are reserved for Scheduled
Tribes, Scheduled Castes, and Other Backward Classes
respectively.
If the EWS Quota Bill becomes an Act, only 40.5% of
seats will be allocated in educational institutions/jobs
based on the merit of candidates. As pointed by Supreme
Court, increase in reservations can compromise the
merit.
Remember, the merit quota is not reserved anyone – not
even for the general category (hence the name – merit).
It is open to candidates from all categories – including
SC, ST, OBC, and the General category – who qualify on
24. CHANGING TREND RESULTING IN TO
ECONOMIC WEAKER SECTIONS
RESERVATIONS
The EWS Quota Bill Gets President’s assent,
becomes Act As both houses of the Parliament
has passed the Constitution 124th (Amendment)
Bill, 2019, it was sent to the President of India for
his assent. President Ram Nath Kovind gave his
assent to a bill on 12-01-2019.
The legislation will now be known as the
Constitution (103rd Amendment) Act, 2019.
25. CONT……
The Indian National Congress is committed to
finding a way forward for introducing reservation in
education and employment for economically weaker
sections of all communities without in any way
affecting existing reservations for Scheduled Castes,
Scheduled Tribes and Other Backward Classes.
It was a Congress promise. However, INC didn’t
mention the details of their plan or percentage of the
quota.
Despite not being on the BJP’s election promise,
the NDA government came forward with the
reservation for EWS, just before the 2019 election.
Initially, the reservation was intended only for SC/ST
communities – that too for a period of 10 years (1951-
1961). However, it got extended ever since. After the
implementation of Mandal Commission report in 1990,
26. Unequals should not be treated equally, but is
reservation the only solution?
There is no doubt that unequals should not be treated equally.
However, is the current system of unequal treatment perfect? Is it
creating more injustice? Is it the only way out in a welfare-nation?
It’s time to introspect.
28. Will Supreme Court consider the 124th
Constitutional Amendment Bill as valid?
Except in a few states like Tamil Nadu, the cap of reservation
is 50%. This limit is set by the Supreme Court to avoid the
vote-bank politics of providing quotas thus compromising the
merit.
Tamil Nadu has a law which provides for 69%
reservations, which has been inserted into the ninth
schedule of Constitution to immunize it from judicial
review.
A nine-judge bench decision of the SC in the Indira
Sawhney case(1992) had capped the upper limit of
reservation at 50%. The Indira Sawhney case had further held
that social backwardness cannot be determined only with
reference to an economic criterion.
So the limits imposed by the nine-judge bench in 1992 would
be the major litmus test for this ACT . If the same standards
are upheld by the Supreme Court, the 124th Constitutional
Amendment Act, will be declared null and void.
The Gujarat Government had already brought an ordinance
to provide 10% quota for EWS in the forward castes. However,
29. The Tamil Nadu example
Tamil Nadu has had a quota policy from the pre-
Independence period. By the 1980s, the quotas in the State
were as high as 68 per cent.
The top court's verdict in the Indira Sawhney v. Union
of India (Mandal Commission) Case made this policy
untenable and the then government led by J
Jayalalithaa amended the Ninth schedule of the
constitution by passing the Tamil Nadu Backward
Classes, Schedule Castes and Scheduled Tribes
(Reservation of seats in educational institutions and
appointments or posts in service under the state) Act,
1993 to keep the policy.
This act was amended in 2007 to add backward class
Muslims and in 2009 for the Arunthathiyar Community.
30. Debatable problems
The major hurdle for the implementation of the
recent Act is the legal scrutiny. The Supreme
Court has ruled multiple times against exceeding
its 1992 formula of a maximum of 50 per cent
reservation.
However, there are States like Tamil Nadu that go
beyond this limit and the Supreme Court has
upheld the state's policy many a time. Currently,
the State has a ‘69 per cent quota system’
31. JUDICIAL PERSPECTIVES
Society for Unaided Private Schools of Rajasthan
V Union of India & Another (2012) 6 SCC; Writ
Petition (C) No. 95 Of 2010.
In this decision, the Supreme Court of India upheld
the constitutionality of section 12 of the Right of
Children to Free and Compulsory Education Act
(RTE Act) 2009,
Which requires all schools, both state-funded and
private, to accept 25% intake of children from
disadvantaged groups. However, the Court held that
the RTE Act could not require private, minority
schools to satisfy a 25% quota, as this would
constitute a violation of the right of minority groups to
establish private schools under the Indian
32. In 2012, in Society for unaided Private
Schools of Rajasthan v. Union of India
&other
A 3 judge bench considered the challenge by several
private aided, unaided, minority and non-minority schools
to the constitutional validity of the RTE Act. While
unaided non-minority schools to the constitutional validity
of the RTE Act. While unaided non-minority schools
claimed that the Act, especially Section 12(1)(c),
violated their freedom to carry out a business under
Article 19(1)(g), aided and unaided minority schools
argued that the Act infringed on their special
constitutional rights as minority institutions under
Article 29 and 30 of the constitution.
The Supreme Court upheld the constitutional validity of
the RTE Act, but held that the Act, especially Section 12
did not apply to unaided minority schools as it
33. In 2014 , Pramati Educational and Cultural
Trust case
Pramati Educational & Central Trust & Ors v. Union of India &
Ors, (2014) 8 SSC 1. Date Decided: May 6, 2014
Several unaided non-minority schools approaches a Constitution
Bench of the Supreme Court challenging not only the RTE Act,
but also Article 21 A and 15(5).
Article 15(5) was introduced into the Constitution through
The Constitution (Ninety-Third Amendment) Act 2005
to enable the State to require private non-minority educational
institutions to admit students form socially and economically
backward classes. The 5 judge bench upheld the constitutional
validity of Article 15(5) was to provide equal opportunities to
student the admission of a small percentage of students from
weaker and disadvantaged sections of the society would not
erode the right to do business under Article 19(1) (g).
Secondly, the Article 15(5) distinction between minority and non-
minority schools did not damage the equality principle as the
Constitution already recognized minority schools as a separate
34. T.M.A Pai Foundation vs. State of
Karnantaka A.I.R 2003 SC 355 at p-418
Linguistic and religious minorities are covered by
the expression minority‘ under Article 30 of the
Constitution .Linguistic lines, therefore for the
purpose of determining minority, the unit will be
the State and not the whole of India. The religious
and linguistic minorities who have been put at per
Article 30 have to consider State wise.
35. In the case of P.A. Inamdar v/s State of Maharashtra
(2005) 6 SSC 537 at p. 592.
First every community in India becomes a minority
because in one or the other State of the country it will
be a in minority – linguistic or religious. What would
happen if a minority belonging to a particular State
establishes an educational institution in that State and
administers it but for the benefit of members belonging to
that minority domiciled in the neighboring State where the
community is in majority? Would it not be a fraud on the
constitution? In St. Stephen‘s.32 their Lordships had ruled
that Article 30(1) is a protective measure only for the
benefit of religious and linguistic minorities and no ill‐fit or
camouflaged institution should get away with the
constitutional protection (SCC p. 587, para 28). The
question need not detained us for long as it stands
answered in no uncertain term in Pai Foundation.
Emphasizing the need for preserving its minority character
so as to enjoy the privilege of protection under Article 30(1),
36. 2006
Article 15 was amended and clause (5) to Article
15 was added. The amended Article 15(5) reads
thus:
"15(5).—Nothing in this Article or in sub-clause
(g) of clause (1) of Article 19 shall prevent the
State from making any special provision, by law,
for the advancement of any social and
educationally backward classes of citizens or for
the Scheduled Castes or the Scheduled Tribes
insofar as such special provisions relate to their
admission to educational institutions including
private education institutions, whether aided or
unaided by the State, other than the minority
37. ECONOMIC WEAKER SECTIONS RESERVATIONS
ANDITS NEED
1. Reservation Policy has been greatly helpful in raising
economic condition and social status
2. Hence this policy must continue for the sake of
promoting social equality in the country.
3. Lack of socially neutral process.
4. The institutions for higher learning are overly dominated
by the candidates who are mostly from the upper caste
as they are more associated and inclined towards
education as well as they can afford them too.
5. The reservation for the higher education is on the basis
of social competence grounds, which is quite separate
from other arguments about creating a more
democratic and inclusive education process in general.
38. Delhi Development Authority v. Joint Action
Committee, Allottee of SFS Flats, (2008) 2 SCC 672
(para 43)
REASONABLENESS and FAIRNESS is the Heart
and Soul of Article 14
Affirmative action needs protective
discrimination:St. Stephens College v. University
of Delhi, (1992) 1SCC 558: AIR 1992 SC.
The Supreme Court understood the guarantee of
equality in Art. 14 to mean absence of
discrimination, in later cases, the courts has come
to hold that in order that equality of opportunity
may reach the backward classes and minority, the
State must take affirmative action by giving them
a preferential treatment or protective
discrimination.
39. Jagdish Lal v. State of Haryana, AIR
1997 SC 2366: (1997) 6 SCC.
When competing rights between the general and
the reserved candidates require adjudication and
adjustment with the rights of general candidates,
the doctrine of violation of Art. 14 have no role to
play, as some protective discrimination itself is a
facet of Article 14 and it does not again deny
equality to the reserved candidates.
40. “Rights are opportunities essential for
development of human dignity
The very concept of equality is valid classification for
preferences in favour of disadvantaged classes of
citizen to improve their conditions so as to enable
them to raise their position of equality with other more
fortunate classes of citizen.
• Sawant, J.-It was held that the object of positive
discrimination was empowerment of backward
class adequate sharing of power.
41. Article 46 of Indian Constituion
Article 46: enjoins the State to promote with
special care towards the educational and
economic interests of the weaker sections of
the people, and in particular of the Scheduled
Castes and the Scheduled Tribes, and to
protect them from social injustice and all
forms of exploitation.
Based on this provision coupled with other
provisions of the constitution, the state has
introduced a number of steps in the form of
concessions.
42. M.G.Badappanavar v. State of Karnataka.
Equality is the basic feature of the constitution of
India and treatment of equals unequally will be
violation of basic structure of the constitution of
India.
Equality basically means access or provision of
equal opportunities, where individuals are
protected from being discriminated against.
43. Indra Sawhney v. Union Of India,
AIR 1993 SC 477
The “equality before the law” owes its origin to the
English Common Law. The doctrine of equality is
a dynamic and evolving concept.
44. Kesavananda Bharati case
The Supreme Court, after the judgment in the
Kesavananda Bharati case, has adopted the
view of the Fundamental Rights and Directive
Principles being complementary to each other,
each supplementing the other's role in aiming at
the same goal of establishing a welfare state by
means of social revolution.
45. 124th Constitution Amendment
“Genuine equality means not treating everyone the
same, but attending equally to everyone’s different
needs.”
― Terry Eagleton, ‘Why Marx Was Right.’
Equality is the basis of social justice and concept of social
justice is a natural development from the theories of Laissez
Faire to marxism through Humanism. The Constitution of
India reflects the spirit of social justice right from its
preamble itself.
46. The Fundamental Rights are not absolute and are
subject to reasonable restrictions as necessary for
the protection of public interest
47. CHALLENGES IN IMPLEMENTATION OF EWS 10%
RESERVATION IN INDIA
1. Violation of principles laid down in Indra Sawhney
v. Union Of India, AIR 1993 SC 477
2. Reservation exceeded more than 50 %
3. Reservation cannot be defined by economic status
alone
4. Backwardness for the purpose of reservation
cannot be defined on economic status alone but
must be rooted in social exclusion
5. High limit of EWS quota will bring entire general
category under ambit
6. 124th Constitution Amendment, abrogates the
basic structure of the Indian constitution
7. Amendment stands contrary to the SC Judgement
in the TMA Pai and P.A.Inamdar cases as it imposes
reservation in private unaided educational
institutions
48. The bigger question, does the government create
jobs anymore?
The answer is no. Let's look at some data in support of this. Take a
look at Figure 1, which plots the number of central government
employees over the years.
Table 1: Does the government really create employment?
49. Between 2000-2001 and 2018-2019, a period of
nearly two decades, the central government jobs
have grown by around 7.3% in absolute terms.
This works out to around 0.4% per year.
If we take a look at the Modi years between, around
1.78 lakh jobs have been added, at the central
government level. This works out at around 45,000
jobs a year, on an average. If a reservation of 10%
would have been in place for the economically weaker
sections of the society, it would have added 4,500
jobs per year for them.
In the context of India, where 10 million youth
enter the workforce every year, 4,500 new jobs is
close
50. Table 1: Total number of employees of central public
sector enterprises
Source: https://dpe.gov.in/sites/default/files/PE%20ENG%20Volume-1%20FINAL%20web.pdf
51. As can be seen in Table 1, between 2006-2007 and
2016-2017, the number of people working for central
public sector enterprises has gone down by close to
five lakhs. In this case, the government has been
destroying jobs and not creating them.
Let's take the case of public sector banks. In 2012-2013,
the total number of employees had stood at 8.77 lakh. By
2016-2017, this was down to 8.67 lakh. This is another
case where government jobs have gone down.
As of 2011-2012, the total number of people working for
the state governments stood at around 71.84 lakh. In
1990-1991, it had stood at 71.13 lakh. In between, it had
risen to 74.80 lakh in 1996-1997, and has been falling
since.
There is no reason to believe that this trend has been
reversed since 2011-2012, given the financial condition of
the state governments across India. Even if there has
52. Reservations and the Issue of
Fairness
To some extent, both the slogans “inclusive
growth” and “globalization with a human face”
register this difference between growth and
development. While both speak of the need to
rectify prevailing inequalities, the shift in
phraseology has meant a subtle but important shift
in emphasis. If “globalization with a human face”
identifies excluded and marginalized people
primarily along class lines, “inclusive growth”
pinpoints the beneficiaries and nonbeneficiaries of
growth in terms of their religion and caste.
53. RECENT TRENDS-RESERVATION OF SEATS IN
OCAL
SELF GOVERNMENT INSTITUTION (LSGIs)
Two recent trends are available in this regard: one
is, new states, which predominantly Tribal have
been formed. This could offer sufficient political
power for the Tribal’s to govern themselves and
come up in life.
Secondly the LSGIs regime envisaged in the
Constitution (Seventy-Third and Seventy – Forth
Amendment) Act 1992, has given rise to legislation
regarding Panchayat Raj at the village level and
Nagar Palika at the urban level.
54. The object of participatory democracy demands that people at
the village level should understand the intricacies of democratic
mechanism. Here too the Scheduled Castes and Scheduled
Tribes are given the benefit of reservation. For instance
Constitution (seventy-third Amendment) Act 1992 adds to
the Constitution anew Part (Part IX) titled “Panchayats’. In
this Part, Article 243D provides that there shall be reservation
of seats for the Scheduled Castes and Scheduled Tribes in
every Panchayat and ‘number of seats so reserved shall bear
as nearly as may be, the same population of Scheduled Castes
in that Panchayat area or of the Scheduled Tribes in that
Panchayat area to the total population of that area and such
seats may be allotted by rotation to different constituencies in a
Panchayat. Again the State legislature is empowered to make
provisions forThe same Article in clause 2, 3 and 4 provides
for the reservation of seats for Scheduled castes and
Scheduled Tribes women as well as for other women.
women Chairpersons in Pnachayaat. But these reservations
55. 10 % RESERVATION AND PUBLIC
INTEREST LITIGATION
POLITICAL ACTIVIST TEHSIL POONAWALA
ADVOCATE REEPAK AND PAWAN
NGO YOUTH FOR EQUALITY
INDIRA SAWHNY CASE JUDGMENT
56. CRITICISM IN SOCIETY ON PRESENT
RESERVATION
The kind of reservation policy that our
government currently follows does nothing but
divide the society into different sections.
Reservations are nothing but means to prosper
the vote banks of politicians.
By reserving one category against another
creates a feeling of division which is now resulting
in a chaos with every small section of the society
asking for it.
The process of reservation should be such that it
filters the truly economically deprived individuals
and bring them all to justice.
57. CHALLENGES IN IMPLEMENTATION OF EWS 10%
RESERVATION IN INDIA
1. Violation of principles laid down in Indra Sawhney
v. Union Of India, AIR 1993 SC 477
2. Reservation exceeded more than 50 %
3. Reservation cannot be defined by economic status
alone
4. Backwardness for the purpose of reservation
cannot be defined on economic status alone but
must be rooted in social exclusion
5. High limit of EWS quota will bring entire general
category under ambit
6. 124th Constitution Amendment, abrogates the
basic structure of the Indian constitution
7. Amendment stands contrary to the SC Judgement
in the TMA Pai and P.A.Inamdar cases as it imposes
reservation in private unaided educational
institutions
58. Conclusion
Reservation can be an affirmative action to
address unequal opportunities across
different classes in the society only if the real
needy poor are targeted for its benefit.
Rules frameed by government must be
“reasonable,just and equitable.