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Reservation Under The Constitution Of India: A Socio-Legal Study





Ashima Negi, Student, LL.M, Law College Dehradun, Uttaranchal University


ABSTRACT


BIFURCATION of people on the basis of their caste, creed, race, gender, or religion has been an unavoidable evil in almost every civilization in the world. Reservation and other techniques related to it are tools through which socialist states endeavour to bridge the gaps between different classes of people. In India, discriminatory behaviour towards a particular category of people is rooted back in the misinterpretation and misuse of its ancient legal system, and gender inequality has also been a part of the society for millenniums. The ceaseless struggles of backward and unprivileged sections in India compelled the government to take necessary steps so that these weaker sections can be brought to the mainstream. The Constitution prescribes a system of reservation for different classes of people in a number of matters, including Parliamentary participation, Public Service representation, privileges for women and SC/STs, etc.


Although, the efficiency or rationality of the structure of providing reservation is debatable. There is hardly any other subject matter in the country as controversial as the system and policy of reservation. The reservation system in India is rebuked by a large section of society, mainly consisting of the unreserved category of people expressing their feeling of injustice. This paper is a venture to comprehend the concept of Reservation, the introduction and implementation of reservation in the Indian Constitution, the implications of the present system on the society, and the scope of improvements.

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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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