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
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
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.
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 Anti-Defection Law was inserted into the Indian Constitution in 1985 to prevent political defections. It disqualifies members of a legislature if they change parties or vote against their party's directives.
- It aims to reduce political instability caused by frequent party switching, maintain the balance between an elected member's vote and individual choice, and curb corrupt practices like cash-for-vote. However, it is criticized for restricting freedom of speech of members and showing partiality.
- Reforms proposed include treating resignation same as defection, strengthening internal party democracy, limiting the law's scope to crucial votes, and making the Speaker's role more neutral by involving the Election Commission in defection decisions. Overall,
The document discusses Directive Principles of State Policy (DPSPs) in the Indian Constitution. DPSPs provide guidelines for framing laws and policies to establish a just social order. They include principles related to right to livelihood, equal pay, education, health, and cultural opportunities. DPSPs are not judicially enforceable but aim to establish a welfare state. The document classifies DPSPs as socialistic, Gandhian, and liberal principles and notes amendments made to some principles. It concludes by discussing criticism of DPSPs for not being enforceable and potential for constitutional conflict.
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.
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 defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
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.
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 Anti-Defection Law was inserted into the Indian Constitution in 1985 to prevent political defections. It disqualifies members of a legislature if they change parties or vote against their party's directives.
- It aims to reduce political instability caused by frequent party switching, maintain the balance between an elected member's vote and individual choice, and curb corrupt practices like cash-for-vote. However, it is criticized for restricting freedom of speech of members and showing partiality.
- Reforms proposed include treating resignation same as defection, strengthening internal party democracy, limiting the law's scope to crucial votes, and making the Speaker's role more neutral by involving the Election Commission in defection decisions. Overall,
The document discusses Directive Principles of State Policy (DPSPs) in the Indian Constitution. DPSPs provide guidelines for framing laws and policies to establish a just social order. They include principles related to right to livelihood, equal pay, education, health, and cultural opportunities. DPSPs are not judicially enforceable but aim to establish a welfare state. The document classifies DPSPs as socialistic, Gandhian, and liberal principles and notes amendments made to some principles. It concludes by discussing criticism of DPSPs for not being enforceable and potential for constitutional conflict.
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.
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.
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 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.
The document discusses the Indian Independence Act of 1947 and the birth of the Indian constitution. It provides context around the history of British rule in India and the process of independence. The Act established two new independent dominions - India and Pakistan - and ended British paramountcy. It also discussed the constitutional positions of princely states and the formation of the constituent assembly to draft the Indian constitution.
This document discusses Article 16 of the Indian Constitution regarding equality of opportunity in public employment. It covers the following key points:
- Article 16(1) provides for equality of opportunity for all citizens in matters relating to public employment. Article 16(2) prohibits discrimination in public employment based on religion, race, caste, sex etc.
- Article 16(4) allows the state to make provisions for reservation of appointments in favor of any backward class of citizens which is not adequately represented in public services. This is aimed at affirmative action or positive discrimination.
- The landmark Supreme Court judgment in Indra Sawhney v. Union of India addressed issues like defining "backward class", determining adequate representation, setting
This document discusses social security for unorganized workers in India. It begins by discussing the International Labour Organization's emphasis on comprehensive social security. It then discusses social security provisions in the Indian constitution. It defines unorganized workers and sectors in India, which make up 93% of the workforce. The document outlines various central and state government welfare schemes for unorganized workers relating to health insurance, life insurance, pensions, housing, education, skills training, and more. It discusses the implementation of the Unorganized Workers Social Security Act of 2008 which established boards to formulate and review social security schemes.
The document discusses bonded labor systems in India. It defines bonded labor as a system where employers give high-interest loans to workers who must then work for low wages to repay the debt, often over generations. The 1976 Bonded Labor Abolition Act defines bonded labor and seeks to abolish the system. Causes of bonded labor include poverty, lack of work, and social factors like caste discrimination. The document outlines the historical context and types of bonded labor systems. It discusses constitutional provisions banning forced labor and definitions related to bonded debt and labor in the 1976 Act. A legal case example is provided where engaging children to graze cattle part-time for food and wages was ruled not to constitute bonded labor.
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.
This document discusses panchayati raj, a system of local self-governance in rural India. It describes the 73rd amendment to the constitution which established panchayats as the third tier of government below the central and state levels. It also discusses how panchayats receive grants from the finance commission to fund poverty alleviation programs and provide basic services. Some states are implementing e-governance systems to make panchayat functions more transparent and efficient.
The union executive of India comprises the President, Vice President, Prime Minister and Council of Ministers. The President is the head of state and exercises executive power, either directly or through subordinate officers. Though a ceremonial head, the President has significant powers including legislative functions like summoning parliament, judicial appointments, and emergency powers. However, after constitutional amendments, the President is bound by ministerial advice and has become a constitutional figurehead without discretionary powers.
This presentation discusses sociological jurisprudence and the uniform civil code in India. It provides background on sociological jurisprudence and some of its key theorists like Roscoe Pound. It then discusses Article 44 of the Indian Constitution calling for a uniform civil code and the challenges of unifying different religious personal laws. The document also examines the debate around a uniform civil code in India and notes while there have been court cases, the issue remains politically controversial with uncertainty around if and when a uniform civil code may be implemented.
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
This presentation was made by me for college exams. Please give due credit .
Like, comment( positive or negative) .I will try to improve . Thanks. Enjoy.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
Right to education ( article 21 A) with case lawsHardik Mishra
Here is my another video on Article 21A which says that Right to Education is a fundamental right for every citizen between 6 to 14 years of age.
...................................................................................
YouTube channel where all the videos of topics of law are covered for law schools - https://youtu.be/LY9HJzWuo6o
instagram id- hardikmishra70
The document provides an overview of India's reservation system. It discusses:
- The history and objectives of reservations, which aim to improve opportunities for underprivileged communities.
- The types of reservations, including those based on caste, religion, gender, and domicile.
- The debates around reservations, with both advantages seen in increasing opportunities but also disadvantages like discouraging merit-based systems.
- The current situation sees arguments that reservations are no longer relevant but also counterarguments about the need to address continued inequalities.
- Suggestions are made that reforms are needed to avoid vote bank politics and focus more on economic status, while also not removing reservations altogether at this time due to reliance on
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.
Employees Provident Fund And MIscellaneous Provisions Act , 1952Mohd Zaid
The Employees Provident Funds Bill having been passed by both the houses of the Parliament received the assent of the president of india on the 4th march 1952.
It came on the statue book as the Employees Provident Funds Act , 1952.
Now it stands as The Employees Provident Funds And Miscellaneous Provisions Act , 1952 ( 19 of 1952 )
The document discusses Articles 370 and 35A of the Indian constitution which grant special autonomous status to the state of Jammu and Kashmir. Article 370 allows Jammu and Kashmir to have its own constitution and decision-making powers over all matters except defense, communications and foreign affairs. It also bars outsiders from buying property in the state. Article 35A grants special rights and privileges to permanent residents of Jammu and Kashmir, including exclusive rights to government jobs and property. However, these articles have been controversial as they discriminate against women who marry non-permanent residents and refugees who settled in Jammu and Kashmir. The document also briefly discusses other special provisions for various other states under Article 371 of the Indian constitution.
Scheduled caste and scheduled tribe (prevention of atrocities)act,1989Suresh Murugan
The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 was enacted by the Indian Parliament to prevent atrocities against scheduled castes and scheduled tribes. The objectives of the Act are to deliver justice and enable SC/ST communities to live with dignity, without fear or suppression. Atrocity is defined in the Act as an offense punishable under sections 3(1) and 3(2), specifically referring to crimes against SCs and STs. The Act also provides for special courts in each district to try cases and mandates that judges be sensitive to SC/ST issues. Compensation is meant to help victims back on their feet after often being collectively punished for daring to act independently. However
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 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 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.
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 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.
The document discusses the Indian Independence Act of 1947 and the birth of the Indian constitution. It provides context around the history of British rule in India and the process of independence. The Act established two new independent dominions - India and Pakistan - and ended British paramountcy. It also discussed the constitutional positions of princely states and the formation of the constituent assembly to draft the Indian constitution.
This document discusses Article 16 of the Indian Constitution regarding equality of opportunity in public employment. It covers the following key points:
- Article 16(1) provides for equality of opportunity for all citizens in matters relating to public employment. Article 16(2) prohibits discrimination in public employment based on religion, race, caste, sex etc.
- Article 16(4) allows the state to make provisions for reservation of appointments in favor of any backward class of citizens which is not adequately represented in public services. This is aimed at affirmative action or positive discrimination.
- The landmark Supreme Court judgment in Indra Sawhney v. Union of India addressed issues like defining "backward class", determining adequate representation, setting
This document discusses social security for unorganized workers in India. It begins by discussing the International Labour Organization's emphasis on comprehensive social security. It then discusses social security provisions in the Indian constitution. It defines unorganized workers and sectors in India, which make up 93% of the workforce. The document outlines various central and state government welfare schemes for unorganized workers relating to health insurance, life insurance, pensions, housing, education, skills training, and more. It discusses the implementation of the Unorganized Workers Social Security Act of 2008 which established boards to formulate and review social security schemes.
The document discusses bonded labor systems in India. It defines bonded labor as a system where employers give high-interest loans to workers who must then work for low wages to repay the debt, often over generations. The 1976 Bonded Labor Abolition Act defines bonded labor and seeks to abolish the system. Causes of bonded labor include poverty, lack of work, and social factors like caste discrimination. The document outlines the historical context and types of bonded labor systems. It discusses constitutional provisions banning forced labor and definitions related to bonded debt and labor in the 1976 Act. A legal case example is provided where engaging children to graze cattle part-time for food and wages was ruled not to constitute bonded labor.
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.
This document discusses panchayati raj, a system of local self-governance in rural India. It describes the 73rd amendment to the constitution which established panchayats as the third tier of government below the central and state levels. It also discusses how panchayats receive grants from the finance commission to fund poverty alleviation programs and provide basic services. Some states are implementing e-governance systems to make panchayat functions more transparent and efficient.
The union executive of India comprises the President, Vice President, Prime Minister and Council of Ministers. The President is the head of state and exercises executive power, either directly or through subordinate officers. Though a ceremonial head, the President has significant powers including legislative functions like summoning parliament, judicial appointments, and emergency powers. However, after constitutional amendments, the President is bound by ministerial advice and has become a constitutional figurehead without discretionary powers.
This presentation discusses sociological jurisprudence and the uniform civil code in India. It provides background on sociological jurisprudence and some of its key theorists like Roscoe Pound. It then discusses Article 44 of the Indian Constitution calling for a uniform civil code and the challenges of unifying different religious personal laws. The document also examines the debate around a uniform civil code in India and notes while there have been court cases, the issue remains politically controversial with uncertainty around if and when a uniform civil code may be implemented.
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
This presentation was made by me for college exams. Please give due credit .
Like, comment( positive or negative) .I will try to improve . Thanks. Enjoy.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
Right to education ( article 21 A) with case lawsHardik Mishra
Here is my another video on Article 21A which says that Right to Education is a fundamental right for every citizen between 6 to 14 years of age.
...................................................................................
YouTube channel where all the videos of topics of law are covered for law schools - https://youtu.be/LY9HJzWuo6o
instagram id- hardikmishra70
The document provides an overview of India's reservation system. It discusses:
- The history and objectives of reservations, which aim to improve opportunities for underprivileged communities.
- The types of reservations, including those based on caste, religion, gender, and domicile.
- The debates around reservations, with both advantages seen in increasing opportunities but also disadvantages like discouraging merit-based systems.
- The current situation sees arguments that reservations are no longer relevant but also counterarguments about the need to address continued inequalities.
- Suggestions are made that reforms are needed to avoid vote bank politics and focus more on economic status, while also not removing reservations altogether at this time due to reliance on
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.
Employees Provident Fund And MIscellaneous Provisions Act , 1952Mohd Zaid
The Employees Provident Funds Bill having been passed by both the houses of the Parliament received the assent of the president of india on the 4th march 1952.
It came on the statue book as the Employees Provident Funds Act , 1952.
Now it stands as The Employees Provident Funds And Miscellaneous Provisions Act , 1952 ( 19 of 1952 )
The document discusses Articles 370 and 35A of the Indian constitution which grant special autonomous status to the state of Jammu and Kashmir. Article 370 allows Jammu and Kashmir to have its own constitution and decision-making powers over all matters except defense, communications and foreign affairs. It also bars outsiders from buying property in the state. Article 35A grants special rights and privileges to permanent residents of Jammu and Kashmir, including exclusive rights to government jobs and property. However, these articles have been controversial as they discriminate against women who marry non-permanent residents and refugees who settled in Jammu and Kashmir. The document also briefly discusses other special provisions for various other states under Article 371 of the Indian constitution.
Scheduled caste and scheduled tribe (prevention of atrocities)act,1989Suresh Murugan
The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 was enacted by the Indian Parliament to prevent atrocities against scheduled castes and scheduled tribes. The objectives of the Act are to deliver justice and enable SC/ST communities to live with dignity, without fear or suppression. Atrocity is defined in the Act as an offense punishable under sections 3(1) and 3(2), specifically referring to crimes against SCs and STs. The Act also provides for special courts in each district to try cases and mandates that judges be sensitive to SC/ST issues. Compensation is meant to help victims back on their feet after often being collectively punished for daring to act independently. However
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 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 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.
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.
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.
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.
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 the constitutional provisions for tribal empowerment in India. Key points:
- The Indian Constitution contains comprehensive protections for tribal communities, including designating them as Scheduled Tribes, establishing Scheduled and Tribal Areas with special governance rules, and affirmative action policies.
- However, the document argues that in practice tribal communities still face many issues like lack of economic development, land alienation, illiteracy, and malnutrition.
- It attributes this failure to lack of a clear tribal policy and piecemeal implementation of constitutional provisions, rather than a holistic approach focused on tribal self-governance as envisioned in the Constitution.
The document discusses the constitutional framework for tribal empowerment in India. Key points include:
- The constitution establishes protections and advancement for tribal peoples, including designating Scheduled Tribes and Scheduled Areas.
- The Fifth Schedule gives special administrative powers over Scheduled Areas, allowing exceptions to laws and regulations tailored to tribal communities.
- Provisions ensure self-governance for tribal peoples, including Tribal Advisory Councils and autonomy for tribal areas under the Sixth Schedule.
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.
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.
Reservation in Education, Employment, Beneficiary group of the reservation System, Excluded from the reservation system, Advantages and Disadvantages of reservation system,
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.
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.
Articles 15 and 16 of the Indian Constitution prohibit discrimination on the basis of religion, race, caste, sex or place of birth. Article 15 guarantees equality of status and opportunity and prohibits discrimination by the state. It restricts discrimination in the use of shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, roads and places of public resort maintained wholly or partly out of state funds. Article 16 guarantees equality of opportunity in matters relating to employment or appointment to any office under the state. It prohibits discrimination in employment in the government sector on the grounds of religion, race, caste, sex, descent, place of birth or residence.
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Economically weaker sections reservation ppt by Rajashree J Jawale
1. BY
Rajashree J Jawale
Assistant Professor
Rayat Shikshan Sansha’s
Ismailsaheb Mulla Law College Satara
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
Scheduled Castes and the ScheduledTribes”.
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
RTEACT 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 OFTHE 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 every
individual.
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 in clause (1) of
article 30 (Thorat Sukhadeo,2007)”.
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 Category
Serial No Reservation Category Weight age (%)
1. Scheduled Caste (SC) 15%
2. ScheduledTribe (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.
Those with residential plot below 109 yards –( five acre )in a notified
municipality or a residential plot below 209 yards in a non-notified
municipality area may also benefit from this move.
17. What will the “Economically Weaker Sections
Quota bill” amend in the Indian Constitution?
Article 15 andArticle 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 amendedArticle 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 merit (and not because of reservation).
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,
ScheduledTribes 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, the scope of the reservation
was widened to include Other Backward Communities (OBCs).
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, in August 2016, the
Gujarat High Court had quashed this ordinance. The appeal against
that judgment is pending in the Supreme Court.
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 theArunthathiyar Community.
https://www.thehindubusinessline.com/news/national/the-124th-
amendment-a-look-at-the-facts/article25990756.ece
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 Constitution‘.
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 infringed on their rights under
Article 29 and 30 of the Constitution
33. In 2014 , Pramati Educational and Cultural Trust case
Pramati Educational & CentralTrust & 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 class.
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 perArticle 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), it is necessary that the
objective of establishing the institution was not defeated
36. 2006
Article 15 was amended and clause (5) to Article 15 was
added.The amendedArticle 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."
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 been an increase, it can be marginal at
best.
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 are interlinked with Article 334 that
specifies the time limit for the reservation of seats in the legislative bodies.
55. 10 % RESERVATION AND PUBLIC
INTEREST LITIGATION
POLITICALACTIVIST TEHSIL POONAWALA
ADVOCATE REEPAKAND PAWAN
NGOYOUTH 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.