By Sreekutty & Nihala Navas
India has a caste based social system. The Preamble of the Constitution of India has
emphasized upon social economic and political justice as well as equality of opportunity and status.
Right to Equality before law to all persons, Prohibition of discrimination, abolition of untouchability (Art.17) have been provided in the fundamental rights. Art.38 of the Directive Principle of State Policy calls upon the State to strive for promoting the welfare of the people. The Constitution of India accepts the principle of protective discrimination for safeguarding the interest and special needs of certain classes of the citizens including persons belonging to schedule caste,
schedule tribes and other backward lasses.
The Constitution of India incorporated several measures for protecting the interests of the members of scheduled castes and scheduled tribes and also the backward classes. The Constituent
assembly decided that for securing equal participation in social and political life, it was essential to provide for reservation of seats, in the Union Parliament (Art. 330) and State Legislatures (Art. 332) as well as in educational institutions and jobs in the civil services (Art.335). Along with the
provision for reservations of jobs for the SC’s and ST’s, now the system of reservation for other backward classes has also been brought into effect.
The 93rd Constitutional Amendment Act 2005 has inserted clause (5) in Art.15 which provides for the state for making special provision relating to admission to educational institutions including private institutions for the advancement
of any socially and educationally backward classes of citizens or for the SC’s and the ST’s.
The 95th Constitutional Amendment Act 2009 amended Art.334 to extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years to Seventy years. Many castes want their inclusion in the list of SC’s and ST’s to get privileges and benefits. Critics of policy of reservation say that it is unhealthy and harmful for the development of the Indian Political system.
Art. 338 mentions about the Constitution of the National Commission for Scheduled Castes and Art. 338 A mentions the composition of a National Commission for the Scheduled Tribes. Art. 341 lays down that the President of India on the advice or recommendations
of the Governor of the State can order the inclusion of any caste in the list of scheduled castes. A similar provision is given in Art. 342 regarding the scheduled tribes.
Women’s Reservation Bill is
a pending bill in India which proposes to provide thirty three per cent of all seats in the Lower
house of Parliament of India the Lok Sabha and state legislative assemblies shall be reserved for
women.
Littérateurs 