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“Correctness of the 50% ceiling limit on reservation under the constitution”

By: Hamid, Touseef and Ahad, Imran.
Material type: materialTypeLabelBookPublisher: Kashmir Journal of Legal Studies Description: 9(1), 2022: p.245-252.Subject(s): Reservation, Equality, 50% ceiling limit, Constitution, Democracy, Discrimination, Supreme Court, Judicial precedent, Amendment In: Kashmir Journal of Legal StudiesSummary: The notion of 'Reservation' may be viewed in the context of historical wrongs that have happened over the years. Indian society has a distinctive cultural structure. This civilization is primarily organised into classes, which are known as castes. When a few castes or classes did not receive adequate resources as a result of the caste system, they were unable to advance through time. They were subjected to a great deal of exploitation and injustice. Social inequality resulted from this unfairness. As a result, several constitutional provisions exist to promote socioeconomic equality in our society. The concept of reserving is purchased in order to help the poor and oppressed. Our constitution includes a provision for reservation in order to provide socioeconomic fairness to the underprivileged class. Following the adoption of the Constitution of India, the government of India began its attempt to grant reservation to backward classes in order to fulfil their pledge. Reservation is an intentional step done by the government to provide fair chances. Positive discrimination of the government refers to the policy and planning of the government whereby the governmental apparatus attempts to correct historical wrongs by actively taking efforts to secure access to employment and education opportunity for the underprivileged class. Basically the idea of reservation is a positive discrimination of the state in India to provide equality to the unequal. As a result, we might consider positive discrimination to be something that protects people from the current consequences of previous prejudice. Although positive action policies are contentious in essence, they are prevalent in some form or another. Gender quotas, ethnic, religious, and caste quotas are examples of positive discrimination. The Indian Constitution commits to and mandates positive discrimination. The right to equality is guaranteed under the Indian Constitution. The principle of equality requires that no one be prejudiced against because of their caste, creed, class, and gender, place of birth, race, or religion. In the legal sense, everyone here is. – Reproduced
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Articles Articles Indian Institute of Public Administration
9(1), 2022: p.245-252 Available AR126832

The notion of 'Reservation' may be viewed in the context of historical wrongs that have happened over the years. Indian society has a distinctive cultural structure. This civilization is primarily organised into classes, which are known as castes. When a few castes or classes did not receive adequate resources as a result of the caste system, they were unable to advance through time. They were subjected to a great deal of exploitation and injustice. Social inequality resulted from this unfairness. As a result, several constitutional provisions exist to promote socioeconomic equality in our society. The concept of reserving is purchased in order to help the poor and oppressed. Our constitution includes a provision for reservation in order to provide socioeconomic fairness to the underprivileged class. Following the adoption of the Constitution of India, the government of India began its attempt to grant reservation to backward classes in order to fulfil their pledge. Reservation is an intentional step done by the government to provide fair chances. Positive discrimination of the government refers to the policy and planning of the government whereby the governmental apparatus attempts to correct historical wrongs by actively taking efforts to secure access to employment and education opportunity for the underprivileged class. Basically the idea of reservation is a positive discrimination of the state in India to provide equality to the unequal. As a result, we might consider positive discrimination to be something that protects people from the current consequences of previous prejudice. Although positive action policies are contentious in essence, they are prevalent in some form or another. Gender quotas, ethnic, religious, and caste quotas are examples of positive discrimination. The Indian Constitution commits to and mandates positive discrimination. The right to equality is guaranteed under the Indian Constitution. The principle of equality requires that no one be prejudiced against because of their caste, creed, class, and gender, place of birth, race, or religion. In the legal sense, everyone here is. – Reproduced

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