Nandika Kaul, Symbiosis Law School Pune
ABSTRACT
India has long been rooted in inequalities which can be traced back to the centuries-old caste system in the Hindu society, and whose reflection can also be seen in the modern-day shunning of certain groups in other major religious communities. The reservation System in India, as an instrument of affirmative action, is an attempt by the state to undo the oppression faced by the weaker classes of society at the hands of the dominant upper class over centuries. The system has been recognised by the Indian Constitution through its major articles and has also been upheld by the Judiciary on numerous occasions. However, in the recent past, the system has been subject to major dissent and questioning with regard to its constitutional validity and its social relevance after over seventy- five years of India’s independence. This paper attempts to briefly trace the journey of India’s unique reservation system, beginning from its genesis, through major judicial developments and to its present-day statues and challenges faced. Reforms in the system, including timely reassessment of criteria models, the idea of self-elimination and additional affirmative actions have been recommended.
Keywords: Caste System, Reservation System, Quotas, Affirmative Action, Constitutional Validity
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