UncategorizedConstitution of India and Reservation

March 20, 20210

Recently, the Constitutional Bench of Supreme Court of India, while dealing with a matter of Maratha Reservation”, asked as to how many generations will reservation continue?

This observation makes me to revisit the term of “reservation” to its germane and a privilege coined at the onset of Independence of India and adoption of our Constitution thereafter.

The moot questions which arise are as to

a. why there shall be reservation?

b.why the reservation was provisioned in the Constitution? and

c.whether the purpose of such an inclusion is well served or otherwise in present era.

At the same, it is not a secret that class of people belonging to certain tribes and/or castes were subjected to many hardships, cruelty and also deprived of opportunities to learn and grow for decades and ages.

Hence, when Constitution of India was being written by Dr. Bhimrao Ambedkar, the situation was grave for such people hailing from the aforesaid community and there was an imperative need to provide them protection so as to make them stand at par with the mainstream of the community at large.

It is also to be noted that the creator of our Constitution was also an eminent jurist, economist, politician and social reformer. He had a vision to carry a reform in the society.This can be well reflected from entire Constitution and especially Article 15 and Article 46 to give empowerment to such people at large.

Hence, a provision of reservation was infact the best thing he could have thought as a visionary reformer and very apt act at that point of time to uplift the backwards and make them a respectable citizen of India which they deserved equally. For this gesture, we Indians shall always be grateful to his reform at the first place.

It is also significant to note that the Constitution of India was adopted on 26th November, 1949 and now almost a long 72 years have passed away.This long time has also brought India tall on the global platform when it comes to humanity as supplying the Covid-19 vaccines to many countries is the recent gesture which entire world has already acknowledged as well.

In the given backdrop, the question as to whether in the present modern era of India, the purpose of such an inclusion of reservation and its continuity is well served or it still needs a different addressal or regular bailouts in regions or amongst castes and/or tribes will lead to an endless debate.

BUT, I am always stuck with one thought which was imparted in our school days on daily basis that i still cannot forget is that ” all Indians are my brother and sister and are equal

Still, i am in a dilemma, is a demand of reservation falsifies such a preaching in school for years or my understanding or taking such a preaching seriously is a mistake at my end, what’s your take on this?


Anandaday Misshra, Founder & Managing Partner, AMLEGALS

( Disclaimer– This write up has been written on a different analysis and i neither intend to support or deny any reservation at any given point of time but only airing certain intellectual aspects with the discretion of readers to conclude on the same)

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