| Pub. Date | : Jan, 2018 |
|---|---|
| Product Name | : The IUP Law Review |
| Product Type | : Article |
| Product Code | : IUPLR31801 |
| Author Name | : Akshay Gudinho and D Ganesh Kumar |
| Availability | : YES |
| Subject/Domain | : Law |
| Download Format | : PDF Format |
| No. of Pages | : 10 |
The paper seeks to re-incorporate the utilitarian adoption of the color blind vision in the system of reservation in India that has been clouded by the adoption of the Rawlsian perception of practical equality. The Constituent Assembly debates have shown that the inclusion of Article 16 (4)1 in the Indian Constitution, and consequently Article 15 (4),2 were to serve as exceptions to the formal equality embedded in Articles 14,3 15(1),4 16(1),5 and 16 (2).6 Given the structural conditions in India, a concurrence with the conception of practical equality flows as an absolute necessity. However, the necessity must not supersede the general/formal equality established in the society. The first part of the paper analyzes statutory interpretations guided by the principle of reasonableness to prove that it is a product of a Color Blind Constitution. The second part establishes the greater prominence to formal equality under the Color Blind Indian Constitution. The third part illustrates that the Group Subordination Vision under the Indian Constitution came about at a compromise to the sacred balance, by an equality of deceit. The fourth part claims for the adoption of economic criteria for backwardness and the 'creamy layer'. The fifth part seeks to reconcile all the aforementioned ideas to re-establish the sacred balance. The analysis is restricted to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes.
The reservation policy is a product of a past sullied with discrimination of the Father of the Indian Constitution, Dr B R Ambedkar, and has found its way as a means to mitigate the social stigma that has plagued the Indian state through the caste system. Adopted from a bona fide intention of amelioration of living conditions of those who face social ostracism, this socialist alchemy has emerged as a tyrannical enemy and a benevolent ally in the plethora of academic discussions amongst varied intelligentsia. This dichotomy tests the inclusion of the disadvantaged sections of the Indian society into the mainstream on one hand, and on the other evaluates the extent to which the said inclusion can be permitted. Under Articles 467, 3308, and 3329, it is the duty of the State to provide reservations in educational and legislative spheres. However, this must be in consonance with the 'efficiency of administration' envisioned under Article 33510 of the Indian Constitution and not to an unreasonable extent.11 Article 33512 represents the balance between the disadvantaged classes and the general populi. Henceforth, it is referred to as the sacred balance.
Law Review Journal, Re-incorporate the utilitarian adoption, System of reservation in India, Rawlsian perception of practical equality, Equality in the Light of Utilitarianism.