Reservation and Judicial Interpretation towards the Minorities of India

In fact, reservation is a bridge to join the inherent gap found in Indian caste ridden society; it is an instrument to achieve social justice. In consequence it provides space to the marginalized section in power spectrum of the state, which was denied for them for centuries together. Reservation has been resisted by upper caste dominant privileged section by challenging it in the court. Therefore, role of judiciary became of extreme importance. Judicial pronouncements are proved to be nothing but causative factors for restricting the scope and ambit of provision regarding reservation in the constitution. Judicial pronouncements in majority have drawn negative inference and contributed for making the application of provisions regarding reservation ineffective. Courts have gone to the extent to interpret reservation is neither right nor is it binding on the State, means, position of innocent masses in the domain of welfare state is as good as orphan. In the presence of express provision in the constitution meant for providing space in public life, judiciary has made them only paper piece and eye wash for SCs/STs.