Expansion of Reservation Policy in India and the Constitutional Framework

  • Vaibhav Yadav
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  • Vaibhav Yadav

    Teaching and Research Associate at Gujarat National Law University, India

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Abstract

India’s reservation policy is key to social fairness. It aims to uplift underprivileged groups by ensuring their representation in politics, the workforce, and education. This policy originated from constitutional principles to address the injustices faced by Scheduled Tribes (STs) and Scheduled Castes (SCs). Later, Other Backward Classes (OBCs) were included. Over time, discussions have emerged about the policy’s effectiveness, necessity, and impact on meritocracy. This article examines the development of India’s reservation policy, its constitutional basis, and current trends. The Indian Constitution, through Articles 15(4), 16(4), 330, and 332, allows affirmative action for disadvantaged groups. Landmark cases, like Indra Sawhney v. Union of India (1992) and M. Nagaraj v. Union of India (2006), have defined the scope of these policies. A significant change came with the 103rd Amendment to the Constitution, which introduced economic criteria for affirmative action, providing 10% reservation for Economically Weaker Sections (EWS) in the unreserved category. While the constitution supports the extension of reservation policies, it faces criticism. Proponents argue that reservations are vital for equitable opportunities and reducing socioeconomic gaps. Critics raise concerns about the exclusion of marginalized groups within reserved categories, inefficiencies, and the erosion of merit. There are renewed calls for inclusivity in light of the Supreme Court’s 50% reservation cap. This study examines the balance between social fairness and constitutional responsibilities. It explores how changing socioeconomic conditions have shaped reservation policies. It also addresses the need for a thorough review of the current system, judicial scrutiny, and the exclusion of the creamy layer. While reservations have aided socioeconomic mobility, the study concludes that a more nuanced approach is necessary. This approach should focus on skill development, quality education, and targeted welfare programs to ensure long-term equity. As India navigates complex social structures, the quota policy must adapt to meet the needs of various communities while adhering to constitutional principles.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 19 - 32

DOI: https://doij.org/10.10000/IJLMH.119083

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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