Reservation Archives

In 1985, Justice Chinnappa Reddy ruled that quotas should be utilised for equality, not charity. His ruling explains the social justice goals of Indian reservations clearly and movingly. The fact that the judiciary, which had previously rejected such notions of social justice, finally accepted the view of politicians and the majority of Indians regarding the need for vertical reservations in jobs and education to create a truly equal India is a landmark decision that will continue to symbolise this. Consider the Supreme Court's ruling in Janhit Abhiyan v Union of India (2022), which upheld the 103rd amendment in the context of reservations for economically poorer sector (EWS). By upholding the 103rd amendment, the Court implied such reservations are for charity, not parity. All thre...

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Jurnail Singh And Notion Of Reservation’s Evolution In India

Sayani ChakrabortyJune 7, 20220

The judgment that was handed down in the matter of Jurnail Singh, which was written by Justice Rohinton Nariman, represents a significant turning point in the development of the idea of reservation. The right to make a reservation is not mentioned in the Constitution of the United States. On the other hand, the Act recognised that the state is responsible to promote educational and economic possibilities for those members of society who are less fortunate. This obligation applies to those members of society who are members of minority groups. This requirement received special attention throughout the process. On September 26, 2018, the Supreme Court heard arguments about the reservation in up-gradation issue, and on the same day, the court issued its judgment regarding the matter...

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TMC To Push For Introducing Women’s Reservation Bill In Rajya Sabha

Sayani ChakrabortyApril 7, 20220

A divisive issue in politics, the liberation of women has always been a source of contention, and the TMC's current leadership has further fueled the flames of this debate. In the Rajya Sabha, the upper chamber of the Indian parliament, Derek O'Brien, the TMC's floor leader, has tabled a motion urging the government to introduce a Women's Reservation Bill. When the United Front government first brought it to Lok Sabha in 1996, it was finally approved by the legislature. In 1988, 1999, and 2008, there were three further efforts to have it approved; the last was in 2008. It was finally signed into law in 2008. Following a comprehensive review, it was submitted to the Lok Sabha in 2010 and adopted by the Upper House after being subjected to further scrutiny. The 15th Lok Sabha, ...

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NEET-PG Counselling: SC Notes Reservation Is Not Against Merit; Says, Competitive Exams Do Not Reflect Economic And Social Benefits

Gunjan ChaudharyJanuary 20, 20220

The Supreme Court on Thursday said that reservation is not contrary to merit but furthers its distributive effect. The remark was made by the apex court while upholding the 27% all-India quota for the Other Background Classes (OBC) and 10% quota for the Economically Weaker Section (EWS) during NEET-PG counselling. "Competitive exams do not reflect economic social advantage, which is accrued to some classes. Merit should be socially contextualised. Reservation is not at odds with merit but furthers it's distributive impact," said the SC bench. The bench was headed by Justice DY Chandrachud, which said judicial propriety would not allow SC to stay the quota when counselling is pending, especially in a case where constitutional interpretation is involved. The bench said judici...