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Published March 23, 2024 | Version v16
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Constitution and Reservation Policy in India

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Abstract:

            This paper examines the constitutional framework and reservation policy in India, focusing on its historical background, constitutional provisions, the role of the government in implementation, and concludes with suggestions for improvement. India’s reservation policy, rooted in historical injustices, aims to address systemic inequalities faced by marginalized communities. This paper examines its constitutional framework, government role, and implications. The constitutional provisions, notably Articles 15(4) and 16(4), empower the state to make special provisions for the advancement of socially and educationally backward classes. Additionally, Article 46 directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. These provisions form the backbone of India's affirmative action efforts and provide a legal basis for reservation policies in education, employment, and politics. The role of the government in implementing reservation policies is crucial. Through legislation, executive orders, and institutional mechanisms, the government establishes quotas in educational institutions, government jobs, and legislative bodies to ensure representation and access for marginalized groups. However, the implementation has been barred by challenges such as, lack of accountability, and caste-based politics, hindering the policy's effectiveness. Debates surrounding reservation policies often revolve around the tension between meritocracy and social justice. Critics argue that reservation quotas compromise merit-based selection processes, leading to inefficiencies and undermining competitiveness. However, proponents assert that reservation policies are essential for addressing historical injustices and creating opportunities for underprivileged communities. This paper navigates through these arguments to provide a nuanced understanding of the reservation policy's impact on Indian society and governance.

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