SOCIAL JUSTICE THROUGH RESERVATIONS IN INDIA - A CONSTITUTIONAL ANALYSIS.

Authors

  • Prof. (Dr.) K.S. Gopalakrishnan Principal, Government Law College, Coimbatore.

DOI:

https://doi.org/10.29121/shodhkosh.v3.i1.2022.5243

Keywords:

Reservation, Positive Discrimination, Scheduled Castes, Scheduled Tribes, Creamy Layer, Mandal Commission.

Abstract [English]

The reservation system in India aims to end caste discrimination and inequalities, promoting social upliftment and representation for the weaker sections of society. It consists of positive discrimination policies utilized by the government to help the weaker section to access employment and education in India. Sub-classification and internal reservation within the reserved categories aims to uplift the people who are not able to avail the benefits along with other communities within the reservation of common parlance of their reserved category. The paper aims in addressing the concept of social justice through reservations in India by highlighting the constitutional mandate for reservation and analysing the internal or reservation within reservation policies. The concept of creamy layer is critically analysed in order to ensure social justice within the backward classes and finally the paper suggests the pro-active measure for ensuring proper reservation in India.

References

Dr. DD Basu, Introduction to the Constitution of India, 19th Ed. Reprint 2004, Wadhwa Nagpur.

Dr Subhas C. Kashyap, Constitution of India, Review & Reassessment, Universal Publication co.

Dr. J. N. Pandey “The Constitution of India” 47th Ed. 2010. Central Law Agency.

Prof. Kailash Rai, The Constitution of India, 5th Ed. 2003, Central law Publication.

P.M. Bakshi, The Constitution of India, 10th Ed. 2010. Universal Law Publication

Divakar, Paul N. 2004. Post-Durban Reflections: Color Line-Caste Line. In Caste, Race and Discrimination: Discourses in International Context, edited by S. Thorat and Umakant. New Delhi: Indian Institute of Dalit Studies and Rowat Publications.

Gupta, Dipankar. 2004. Caste, Race, Politics. In Caste, Race and Discrimination: Discourses in International Context, edited by S. Thorat and Umakant. New Delhi: Indian Institute of Dalit Studies and Rawat Publications.

Human Rights Watch, and CHRGJ. 2007. Hidden Apartheid: Caste Discrimination Against India's 'Untouchables'.

New York: Centre for Human Rights and Global Justice (CHRGJ), New York University School of Law and Human Rights Watch.

Louis, Prakash. 2003. The political sociology of Dalit assertion. New Delhi: Gyan Pub. House.

Shah, Ghanshyam. 2001. Dalit identity and politics, Cultural subordination and the Dalit challenge; vol. 2. New Delhi, London: Sage Publications.

https://www.scu.edu/ethics/ethics-resources/ethicaldecision-making/justiceandfairness22Individuals.

https://www.legalserviceindia.com/legal/article998the-concept-origin-and-evaluation-of-reservationpolicy-in-india.html#google_vignette

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Published

2022-06-30

How to Cite

K.S. Gopalakrishnan. (2022). SOCIAL JUSTICE THROUGH RESERVATIONS IN INDIA - A CONSTITUTIONAL ANALYSIS. ShodhKosh: Journal of Visual and Performing Arts, 3(1), 999–1005. https://doi.org/10.29121/shodhkosh.v3.i1.2022.5243