Bhaskar, Anurag (2021) Reservations, efficiency, and the making of Indian constitution. Economic and Political Weekly, 56 (19). pp. 42-49. ISSN 129976
EPW2021.pdf - Published Version
Restricted to Repository staff only
Download (174kB) | Request a copy
Abstract
The notion that reservation is contrary to efficiency and merit has been invoked consistently. Even the Supreme Court of India seems to have agreed withthis proposition in some judgments, as it held that Article 16(4), which provides for reservation in services, would be limited by Article 335, which mentions the term “efficiency of administration” in the Constitution. This paper explores the Constituent Assembly Debates to show that the Constitution framers did not subject reservations to the test of efficiency or merit. In addition, “efficiency of administration” mentioned under Article 335 cannot be treated as an exclusionary construct, as it was done in pre-independence era.
Item Type: | Article |
---|---|
Keywords: | Reservation | Constitution | Scheduled caste | Scheduled tribes | B R Ambedkar | Constituent assembly debates | Governance |
Subjects: | Social Sciences and humanities > Social Sciences > Human Rights Social Sciences and humanities > Social Sciences > Political Science |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Syed Anas |
Date Deposited: | 15 Dec 2021 18:05 |
Last Modified: | 04 Jan 2022 18:20 |
Official URL: | https://www.epw.in/journal/2021/19/special-article... |
URI: | https://pure.jgu.edu.in/id/eprint/213 |
Downloads
Downloads per month over past year