Reservations, efficiency, and the making of Indian constitution

Bhaskar, Anurag (2021) Reservations, efficiency, and the making of Indian constitution. Economic and Political Weekly, 56 (19). pp. 42-49. ISSN 129976

[thumbnail of EPW2021.pdf] Text
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

Actions (login required)

View Item
View Item