Aditya Raj, Amity Law School Lucknow
ABSTRACT
The reservation policy in India is a legal provision that aims to address historical social and economic inequalities by providing affirmative action and reservation of seats or positions for certain marginalized and underrepresented groups. The policy is grounded in the constitutional framework of India, specifically Article 15(4) and Article 16(4) of the Indian Constitution.
Article 15(4): Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes of citizens or for Scheduled Castes (SCs) and Scheduled Tribes (STs). It enables the government to introduce reservations in educational institutions, including schools and colleges.
Article 16(4): Article 16(4) permits the state to provide reservations in public employment for any backward class of citizens or for SCs and STs. It allows for the reservation of posts, promotions, and other benefits in government jobs.
The legal provisions for reservations have been further strengthened by various amendments and legislation over time. The most notable of these is the 93rd Amendment Act (2005) which inserted Article 15(5) and Article 16(6) into the Indian Constitution. These amendments enable the state to provide reservations for economically weaker sections (EWS) of the general category in educational institutions and public employment. Supporters argue that it is necessary to rectify historical injustices and promote social inclusion and equal opportunities. Critics argue that it perpetuates discrimination, undermines meritocracy, and fails to address the underlying causes of inequality.
Keywords: Reservation, Scheduled castes, tribes, economically weaker sections, constitution, equality
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