Constitutional Provisions For Reservation (Article 15 & 16): Judicial Trends, Creamy Layer Principle, And The Sub-Categorization Debate
A. Ashwin Krishna Sarma, Manav Rachna University
ABSTRACT
Reservation is an instrument to establish true sense of equality i.e. substantial equality; it aims to minimize the evils social and deliver social justice historical disadvantaged section of the society by providing them opportunity in public education and employment. The Author has analyzed the reservation provisions enshrined under the Constitution, particularly involving Article 14,15,16 tracing its development from the principle of equality under Article 14 to the specific constitutional provisions enabling affirmative action. The article follows the evolution of judicial precedents pertaining to creamy layer principle, sub categorization of the Other backward classes and scheduled caste and scheduled tribes respectively.
Keywords: Article 15 &16, Creamy layer, Sub categorization, Constitution Judicial Precedents.
