Topic– Indian constitution- historical underpinnings and salient features.
4) Discuss the constitutional provisions related to reservation for Indian citizens.(250 words)
Why this question
The government has recently passed a bill in Lok Sabha which gives reservations in employment to economically weaker but socially higher caste people of India. In this context it is essential to revisit the constitutional provisions dealing with the issue of reservations in India.
Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the constitutional provisions dealing with the issue of reservations. We have also to discuss at length as to how courts have interpreted those provisions in order to give a complete picture.
Structure of the answer
Introduction– write a few introductory lines about the recent passing of the bill providing quota to socially forward classes.
- Discuss the constitutional provisions related to the bill.
- On the one hand, there is the principle of Equality, which prohibits the State from discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them under Article 15(1),
- “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State” under Article 16(1),
- in addition to prohibition against discrimination against any citizen on the same grounds as in Article 15(1), specifically with respect to employment or appointment under the State.
- The other leg is the special provisions, which under Article 15(4) empowers the State to “make any provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes”, and
- under Article 16(4) provides “for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State”.
- DIscuss about the Mandal Case Judgement. E.g The majority judgment in the Mandal case per Justice Jeevan Reddy held that “a backward class cannot be determined only and exclusively with reference to economic criterion. It may be a consideration or basis along with and in addition to social backwardness, but it can never be the sole criterion.
Conclusion- based on your discussion, form a fair and a balanced conclusion on the given issue.