Promotions, creamy layer, and the reservation debate (forthcoming, EPW)

Bhaskar, Anurag and Kumar, Surendra (2022) Promotions, creamy layer, and the reservation debate (forthcoming, EPW). [Working papers (or Preprints)] (In Press)

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Abstract

The 77th Constitutional amendment was passed to undo the effect of the judgment of a nine-judge Bench of the Supreme Court in Indra Sawhney v. Union of India (1992), wherein it was held that the reservation in promotions is not permissible. However, the subsequent court decisions have diluted the amendment’s effect and have also introduced other restrictions on reservations. This article highlights the flaws, irregularities, constitutional misinterpretation, and inconsistencies in these judgments.

Item Type: Working papers (or Preprints)
Keywords: Reservation | Creamy layer | Efficiency backwardness | Supreme Court
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Political Science
Social Sciences and humanities > Social Sciences > Public Administration
Social Sciences and humanities > Social Sciences > Public Policy
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 05 Apr 2022 11:16
Last Modified: 05 Apr 2022 11:16
Official URL: https://dx.doi.org/10.2139/ssrn.3755254
URI: https://pure.jgu.edu.in/id/eprint/2129

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