Reservation And Merit: A Constitutional Perspective
- IJLLR Journal
- Mar 6
- 2 min read
Tanya Sharma, B.A.LL.B. (Hons.), Amity Law School, Amity University, Lucknow
Dr. Jyotsna Singh, Amity Law School, Amity University, Lucknow
ABSTRACT
In the Constitution of India, the discourse between Reservation policies and the principles of Meritocracy is a pivotal issue and a recurring subject of discussion in politics, courts, and policy-making bodies. The substantive basis of the debate revolves around the fact that, in a society shaped by a deeply ingrained social structure and caste-driven discrimination, equality should be understood. To achieve Formal Equality, ensuring equal treatment without discrimination is enshrined under Articles 15(4), 15(5) and 16(4) of the Indian Constitution. The Reservation intends to tackle the prolonged intergenerational marginalisation faced by SCs, STs and OBCs by enhancing inclusive access to education and representation and expanding employment opportunities.
Merit is often perceived as achievement in examinations. Thereby fostering the belief that reservations undermine merit. The notion neglects the unequal social conditions that shape individual attainments. Competition loses its fairness when the initial conditions are unequal. The affirmative measures may be necessary to reduce structural disparities, as our Indian Constitution guarantees equality of opportunity and not mere identical treatment.
The decisions given by the Court have reinforced this notion. In Indra Sawhney v Union of India, the Supreme Court upheld reserving the Other Backwards Classes, affirming that equality permitted fair classification to achieve social Justice. In Jarnail Singh v. Lachhmi Narain Gupta, the court acknowledged that, notwithstanding constitutional guarantees, underrepresentation and backwardness persist. These decisions demonstrate that when assessing merit, reservation fosters the emergence of actual merit. In line with the Constitution’s overarching goal of social justice, it advocates for inclusion, dignity and genuine equality as constitutional Weapons.
