Interpretations which impede a just social order (The Hindu, GS-2, Polity)

20 May Interpretations which impede a just social order (The Hindu, GS-2, Polity)

Posted at 20 May 2021 in Current Affairs, Governance, GS Paper II, Indian Polity by Swarn Singh 0 Comments

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Context:- Constitution provides right to equality and equity under article 16 which authorizes the state to make special arrangements for socially and educationally backward classes.

Issue:-

- - Maratha reservation given by the Maharashtra government on the pretext of socially and educationally backward classes. But this was cancelled out by the supreme court
- Court judgement in such cases
  - Indira sawhney case:- Supreme court laid the ceiling of 50% on the reservation
  - M.Nagrajan case:- supreme court uphold the limit and put some conditions on the government in the promotion.

Why reservation is needed:-

- - For socially and educationally backward class
  - Baseline for equity
  - It helps in upliftment of downtrodden
  - It is their Fundamental right.

Constitutional factors:-

- 102nd constitutional amendment act which establishes other backward commission as constitutional basis. This provides central government to put which caste or community is under backward community
- Article 342A, through which it stipulated that the President of India may, after consultation with the State government, notify groups of persons within such a State who are deemed to be socially and educationally backward.
- Article 366(26C) was also added, and “socially and educationally backward classes” was defined as “such backward classes as are so deemed under Article 342A for the purposes of this Constitution”.