The Rationality and Constitutionality of Reservation for Economically Weaker Sections of Society in India
Journal Title: Indian Journal of Law and Human Behavior - Year 2019, Vol 5, Issue 1
Abstract
Reservations are an essential element of any democratic society where some population does not get fair and proportionate representation in governance and administration. Such representation is further necessary in the societies where social prejudices and caste biases are practiced avoiding certain populations mingling and associating with mainstream society like India where caste prejudices practiced since ancient times towards SCs, STs and OBCs and gender bias towards women. The representation of these populations have been fully forbidden in conducting social and public life, access to education, access to public employment and entering into political arena in the name of caste and gender. The representation of populations can be ensured by law to maintain the peace and fairness in society and to provide good governance. Good governance requires representation of all kinds of interests in a welfare nation. This is because to protect such interests and to maintain balance and fairness in governance and to achieve “Sarve Janah Sukhino Bhavantu”. The Constitution of India and other legislations have been enacted to give fair chance of representation of Dalits and women to some extent in governance by providing reservation in education and public employment. Though 70 years of India’s independence have been passed, still the representation of Dalits and women in educational opportunities, public employment and political field is not reached the desired goals of reservation for these communities. The Bill providing 33% percent reservation for women in higher politics is still pending, the 18% reservation for SCs, 7.5% reservation for STs and 27% reservation for OBCs in educational opportunities and public employment is not implemented effectively still now and reservation in promotions belonging to SCs and STs is still hanging. The reservation for SCs, STs and OBCs still not been achieved to the level of desired goals of it. However, the Union Government stepped into another kind of reservation which may be irrational to provide 10% reservation to economically weaker sections of the society. This is irrational because still India have not been achieved the goals of equality especially the removal of caste and untouchability in society by not implementing the reservation policy as desired by the framers of Constitution of India. The 10% reservation for economically weaker section of the higher caste is going to deepen the caste system and untouchability. The reservation for economically weaker section is not a bad concept itself, but without emoval of caste system and untouchability it is not sustainable and rational.
Authors and Affiliations
Devidas G. Maley
Keywords
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- EP ID EP642073
- DOI 10.21088/ijlhb.2454.7107.5119.11
- Views 179
- Downloads 0
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