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

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


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”.

Download Daily Current Affairs of 20th May 2021

No Comments

Post A Comment