AFFIRMATIVE ACTION IN INDIA: A CRITICAL LEGAL APPRAISAL OF RESERVATION POLICY AND ITS EFFICACY IN REALIZING SOCIAL JUSTICE
DOI:
https://doi.org/10.29121/shodhkosh.v5.i7.2024.6433Keywords:
Affirmative, Reservation, SocialAbstract [English]
Affirmative action, known as reservation in India, remains one of the most significant tools of social engineering adopted by the Indian State to combat historical injustices and ensure equitable access to resources and opportunities. This research paper critically examines the evolution of reservation laws, the constitutional and statutory framework, and the policy implications of its implementation. It traces the jurisprudence surrounding reservations, explores emerging challenges including the demand for religious minority reservation, and assesses whether the existing model has effectively addressed social inequalities. The paper argues for a rational, evidence-based, and inclusive approach to affirmative action, balancing constitutional ideals with evolving socio-economic realities.
References
Basu, D. D. (2020). Introduction to the Constitution of India (25th ed.). LexisNexis.
Galanter, M. (1984). Competing equalities: Law and the backward classes in India. University of California Press.
Government of India. (2006). Social, economic and educational status of the Muslim community of India: A report (Sachar Committee Report). Prime Minister’s High-Level Committee.
Government of India. (Various years). Annual reports. Ministry of Minority Affairs. https://minorityaffairs.gov.in
Hasan, Z. (2009). Politics of inclusion: Castes, minorities and affirmative action. Oxford University Press.
National Commission for Religious and Linguistic Minorities. (2007). Report of the National Commission for Religious and Linguistic Minorities (Ranganath Misra Commission Report). Government of India.
Oommen, T. K. (2008). Reconciliation in post-Godhra Gujarat. Pearson Longman.
Registrar General & Census Commissioner, India. (2011). Census of India 2011. https://censusindia.gov.in
Supreme Court of India. (1992). Indra Sawhney v. Union of India, AIR 1993 SC 477.
Supreme Court of India. (2008). Ashok Kumar Thakur v. Union of India, AIR 2008 SC 289.
Andhra Pradesh High Court. (2010). T. Muralidhar Rao v. State of Andhra Pradesh, AIR 2010 AP 156.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Farhatulla Baig, Dr. Suwarna Mangrulkar

This work is licensed under a Creative Commons Attribution 4.0 International License.
With the licence CC-BY, authors retain the copyright, allowing anyone to download, reuse, re-print, modify, distribute, and/or copy their contribution. The work must be properly attributed to its author.
It is not necessary to ask for further permission from the author or journal board.
This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.