Right to Equality vis-a-vis Reservation System in India

2656 words 11 pages
Right to Equality in
Reservation in favor of
Backward Classes

Nisshtha Ghai

Present Day Scenario
Original Story:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the winter. The Grasshopper thinks the Ant is a fool & laughs dances plays the summer away.
Come winter, the Ant is warm & well fed. The Grasshopper has no food or shelter so he dies out in the cold.
Indian Version:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the winter. The Grasshopper thinks the Ant's a fool & laughs dances plays the summer away.
NDTV, BBC, CNN show up to provide pictures of the shivering Grasshopper next to a video of
…show more content…
Constitutional Provisions
One of the framer of the constitution of India was Ambedkar and hence he made certain arrangements for the backward classes to allow them to enjoy a humane lifestyle and for their upliftment. The reservations for the backward classes are of three broad categories: political, educational and employment. For the first, the Constitution provides for reservation of seats in proportion to their numbers for the SCs and the STs in the Lok Sabha (The Lower House) in its
Article 330, and in the Vidhan Sabha (The Upper House) in Article 332. These provisions do not exist for the OBCs, which indicate that the principal categories for the affirmative action are the
SCs and STs according to the Constitution.
For the second, an implication exists in the constitutional provision - Article 15(4), which allows the state to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs and STs.
For the third, the constitutional provisions as modified and simplified from time to time are the
Article 16(4), Article 16(4A), Article 16(4B), Article 335, and Article 320(4). These articles provide explicitly for reservation in educational institutions for the backward classes and the authority of the state to make any required changes with time, as required.



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