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Reservation And Idea Of Equality: Time For Constitutional Reevaluation




Saksham Goyal, University School of Law and Legal Studies (USLLS), New Delhi


ABSTRACT


This essay re-evaluates India's long-standing Reservation policy, arguing that the time has come for a constitutional re-evaluation to balance the original mandate of substantive equality with contemporary challenges. This essay reevaluates by highlighting the shift in modern challenges, including economic disparities that are beyond caste, and increased demands from non- reserved communities. Ultimately, this paper proposes a multi-dimensional approach to refining the policy. This approach expands the criteria for affirmative action beyond caste to include factors such as economic condition, educational backwardness, and regional backwardness. By upholding constitutional values and balancing meritocracy, social needs, and evolving needs.


1. INTRODUCTION


“Reservations should be confined to a minority of seats; otherwise, they will be harmful to the interests of the country.”

— Dr. B.R. Ambedkar, Constituent Assembly Debates, 1948


In these Prophetic words, Dr. B.R. Ambedkar previously envisaged the problem that India would face if there wasn’t a timely revisiting of the reservation policy that was implemented in the circumstances of India in its early stages of post-Independence, Dr, B.R. Ambedkar wisely argued that the scope or target group of the reservation should not be broader rather there should be more specific target groups. He firmly believed that reservations are necessary to rectify historical injustices, but they should not dominate society or create a new form of inequality.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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