LLM student at Law College Dehradun, Uttaranchal University Dehradun, India.
Assistant Professor at Law College Dehradun, Uttaranchal University Dehradun, 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.
Research Paper
International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 4016 - 4025
DOI: https://doij.org/10.10000/IJLMH.111857This 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.
Copyright © IJLMH 2021