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Published in:

Volume 7 Issue 11
November-2020
eISSN: 2349-5162

Unique Identifier

JETIR2011097

Page Number

718-723

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Title

Reservation of SCs/ STs and Judicial Responses in India: A Socio-Constitutional Analysis

ISSN

2349-5162

Cite This Article

"Reservation of SCs/ STs and Judicial Responses in India: A Socio-Constitutional Analysis ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.7, Issue 11, page no.718-723, November-2020, Available :http://www.jetir.org/papers/JETIR2011097.pdf

Abstract

In fact, reservation is a bridge to join the inherent gap found in Indian caste ridden society; it is an instrument to achieve social justice. In consequence it provides space to the marginalized section in power spectrum of the state, which was denied for them for centuries together. Reservation has been resisted by upper caste dominant privileged section by challenging it in the court. Therefore role of judiciary became of extreme importance. Judicial pronouncements are proved to be nothing but causative factors for restricting the scope and ambit of provision regarding reservation in the constitution. Judicial pronouncements in majority have drawn negative inference and contributed for making the application of provisions regarding reservation ineffective. Courts have gone to the extent to interpret reservation is neither right nor is it binding on the State, means, position of innocent masses in the domain of welfare state is as good as orphan. In the presence of express provision in the constitution meant for providing space in public life, judiciary has made them only paper piece and eye wash for SCs/STs.

Key Words

reservation, Social justice, equality, interpretation, judiciary

Cite This Article

"Reservation of SCs/ STs and Judicial Responses in India: A Socio-Constitutional Analysis ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 11, page no. pp718-723, November-2020, Available at : http://www.jetir.org/papers/JETIR2011097.pdf

Publication Details

Published Paper ID: JETIR2011097
Registration ID: 303134
Published In: Volume 7 | Issue 11 | Year November-2020
DOI (Digital Object Identifier):
Page No: 718-723
ISSN Number: 2349-5162

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Cite This Article

"Reservation of SCs/ STs and Judicial Responses in India: A Socio-Constitutional Analysis ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 11, page no. pp718-723, November-2020, Available at : http://www.jetir.org/papers/JETIR2011097.pdf




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