Reforming Criteria for Discrimination in Form of Reservation in Contemporary India for Natural and Social Justice: A Pragmatic Approach Facilitated by Indian Judicial Vista
Journal Title: IOSR Journal of Humanities and Social Science - Year 2019, Vol 24, Issue 1
Abstract
Post-independence reservation policy in India is based on the values of compensation for past injuries, protection of vulnerable, proportional equality, distributive social justice and social welfare. Even after sixty-eight years of incessant implementation, „classless and casteless‟ Indian society has not been realised; on the contrary there are ever-increasing demands of various castes through active and aggressive casteism for inclusion in Other Backward Classes category for getting reserved quotas in educational institutes and governmental jobs. It implies that the current reservation scheme is not being successful in eradication of social and educational inequality making its review and restructure imperative. Indian judiciary through sagacious interpretations from time to time channels Indian democracy towards more apposite reservation policy. This Article attempts to rekindle the thought-process that criterion of „backwardness‟ has to be re-defined on „scale of neediness‟ for being eligible for constitutional policy of protective discrimination; substantiating it‟s assessments with landmark judicial pronouncements.
Authors and Affiliations
Dr. Vinaya Bhosale
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