Constitutional Provisions Related To Reservat...

Constitutional Provisions Related To Reservation in India

Author Name : Anusha. M. J

INTRODUCTION

The preamble of Indian Constitution, which contains the phrase:  “Equality-Social, Political and Economic”.

The Indian first President Rajendra Prasad, assured the nation stating that the assembly and the Government’s aim is to “end poverty and squalor to abolish distinction and exploitation and to ensure decent conditions of living”[1].

The reservation policy in India is not a new policy; it has been existed in our society from the olden days i.e., from the time of British ruling. The bona fide[2] intension behind reservation policy is to help the backwardness and not to punish the rest. Reservation has been continued in India even after the achievement of independence. The most important aim of reservation system in India is to increase the opportunities for improved social and instructive position of the underprivileged communities and allow them to take their equitable place in the Indian society. There are many provisions in Indian Constitution related to Reservation Policy.

Neha Bareth in her Article, stated that there are different types of equalities and the duty of states is to ensure that its citizens are enjoying equality in each aspects. Social equality is common in pluralistic societies but provisions of law cannot be made in this regard. So, there are two categories:- Political and Economic. Political inequality is from the said social inequality but, politics is a government functionary, legislations are made to guarantee right. Whereas economic inequality is a practical Phenomenon and active steps can be taken to empower people economically. Hence, economic status is closely connected with social status. Thus, the state has a burden to justify, though its legislations and its implementations that true equality is sought to be achieved and realized. Although, the reservation policy is an exemption to equality rule it is still measured as a crucial element of equality because equality has many dimensions and one such dimension is reservation policy for backward classes[3].       

The author would like to analysis constitutional provisions related to reservation system.