Importance Of Reservation In India

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INTRODUCTION Reservation is a term with which almost every citizen of this country is familiar with. It is something described as a positive discrimination. In India, there are certain Constitutional provisions that allow reservation by the State for the advancement of minorities in various fields. By the virtue of Art 15 (4) of the Indian Constitution, which states that, “Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”, it was not a part of their original constitution, it was inserted by 1st amendment in 1951 , when the constitutional assembly was working as a provisional parliament.…show more content…
(ii) Article 16(4) is not an exception of Article 16(1). It is an instance of the classification. Reservation can be made under article 16(1). (III) Backward classes in Article 16(4) were not similar to as socially & educationally backward in article 15(4). (iv) Creamy layer must be excluded from the backward classes. (v) Article 16(4) permits classification of backward classes into backward & more backward classes. (vi) a backward class of citizens cannot be identified only & exclusively with reference to economic criteria. (vii) Reservation shall not exceed 50%. (viii) Reservation can be made by the ‘Executive Order’. (ix) No reservation in promotion. (x) Permanent Statutory body to examine complains of over – inclusion / under – inclusion. (xi) Majority held that there is no need to express any opinion on the correctness or adequacy of the exercise done by the Mandal Commission. (xii) Disputes regarding new criteria can be raised only in the Supreme

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