August 12, 2016

Whether Reservation for Economically Backward Permissible?

Constitution Does Not Provide for Reservation for Economically backwards classes, because, then whole India will be entitled to reservation.

If 100% seats of jobs are reserved then, nothing is  left for meritorious. No need for any competitive exams.

Such a law will be illegal. Supreme Court after much debate ordered that "Creamy Layer of SC/ST are to be excluded from reservation".

But this order is observed more in defiance than in compliance. The heart burning in poor of non-SC / Non-ST people can be understood.

But Reservation is not permissible unless Parliament and more than 2 States agree to re-wtite Constitution of India.

Placing burden on courts to squeeze places for more and more reservation is not justified.

Solution if any must come either from Affirmative Actions like Bank Loans or from amending Constitution for "All Classes of Economically Backwards including those in SC/ST category".

This is a very sensitive issue and many lives have been lost in past agitations.

It is not the Courts, but it is Law Makers who have to discharge burden of amending constitution.