Recreation of disparities

Sudha, K and Anjana, Ramanathan (2020) Recreation of disparities. Economic and Political Weekly, 55 (28-29). pp. 36-40. ISSN 129976

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Abstract

Recreation of Disparities is an insight into the recent decision delivered by a 5-judge Constitution Bench of the Supreme Court in Chebrolu Leela Prasad Rao and Others v State of Andhra Pradesh and Others on 22.04.2020. In effect, the Court nullified the 100 percent reservation to local Scheduled Tribes for posts of teachers in the Schedule V areas. This article examines three focal concerns that the Supreme Court has overlooked while rendering this important decision. It attempts to show how the Apex Court has been oblivious to the unique nature of the Schedule V scheme as laid out in the Constitution and has failed thereby to uphold rights of the Adivasis. Following the judgment, Adivasi communities across the States of Andhra Pradesh and Telangana are extremely agitated. Disquiet over the ongoing Pandemic seems to be less compared to their distress over this judgment. Interestingly, the State Governments of both Andhra Pradesh and Telangana are all set to prefer a review against this judgment and the former is in serious contemplation of bringing about a new law to benefit the Scheduled Tribes.

Item Type: Article
Keywords: Human Rights | Adivasis, 100% Reservation | Schedule V
Subjects: Social Sciences and humanities > Social Sciences > Human Rights
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 03 Jan 2022 04:02
Last Modified: 19 Feb 2022 10:09
Official URL: https://www.epw.in/journal/2020/28-29/perspectives...
URI: https://pure.jgu.edu.in/id/eprint/531

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