Evolving Reservation Policy: Constitutional Law And Political Movements On Caste In Contemporary India
- IJLLR Journal
- May 3
- 2 min read
Sagar Kumar Paswan, OP Jindal Global University
Introduction
This reservation policy which is better known as the affirmative action in India is an integral component of the jurisdiction of India therefore making the political roots much deeper. The provision is inspired by the Constitution of India, and it makes its efforts to remove the historical disadvantages suffered by the weaker sections of the society, particularly SC, ST and OBC. It achieves this through allotments for such groups in education, government job, and hormone political offices. All this makes for a complex history that has influenced the developments of this policy within the US: the overlap of constitutional mandates, judicial means of interpreting them, political movements and social discourse. By tracking the trajectory of India′s reservation policy and major legal milestones that have governed it over time, this paper documents the interplay of constitutional law and caste politics.
The Constitutional Framework
Reservation in India is based on the Constitution of India which came into effect on 26 January 1950. They knew that many castes were discriminated against in the past — including one of them, regarded as the untouchable, who also made up a large part of their plight. Founders made an explicit provision for these groups and put safeguards in place that were intended to ensure equal justice and opportunities for them.
The state may also make special provisions for the advancement of any socially and educationally backward classes of citizens article 15(4)
Under Article 16(4), the state can provide for reservation of appointments or posts in favor of backward classes).
The education and the economic interest of the SCs, STs and other weaker sections Article 46.
