|
INTERNATIONAL JOURNAL OF SCIENTIFIC DEVELOPMENT AND RESEARCH International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2455-2631 | Impact factor: 8.15 | ESTD Year: 2016 open access , Peer-reviewed, and Refereed Journals, Impact factor 8.15 |
Imp Links for Author
Imp Links for Reviewer
Research Area
Subscribe IJSDR
Visitor Counter
Copyright Infringement Claims
Indexing Partner
|
Published Paper Details
|
|
| Paper Title: | Judicial friction with Legislative overreach on Reservation law in public Employment: A critical study |
| Authors Name: | Dr (Lt Col) Anil Balhera , Dr Anand Kumar |
| Unique Id: | IJSDR2301053 |
| Published In: | Volume 8 Issue 1, January-2023 |
| Abstract: | The system of reservation existed in India even before independence. Post-independence the system of reservation was framed by the Constituent Assembly which was chaired by Dr B.R. Ambedkar. Initially, the legislators of India found the necessity to continue the system of the reservation to overcome many years of societal and cultural discrimination of certain sections of society. Reservations were put in place in the Indian constitution, immediately after independence, as a means to recognise the historical injustice meted out to the people belonging to backward groups and to implement provisions by which they would have better access to resources and opportunities. As per Article 46 of the Constitution of India, States will have to promote and protect the educational and economic interests of Scheduled Castes and Scheduled Tribes. It shall protect Scheduled Castes and Scheduled Tribes from Social Injustice and all forms of exploitation. Among various affirmative actions taken by a government for the underprivileged, reservation is an extreme measure because it implies segregation of some posts for certain class of persons, which otherwise might have been secured by other persons. And this is why there is a perception that reservation gives benefits to some persons at the cost of others. The higher Judiciary had evolved various tests for constitutionality of Reservation laws through a series of landmark judgments & recently identified economic may be a sole factor of reservation in public jobs & admission in educational institutions in “Janhit Abhiyan vs UOI. In the same way, the present study highlights the journey of affirmative action of legislators carried out through reservation law & policies and judicial counter of higher judiciary through constitution transformative approach in public interest. |
| Keywords: | Reservation, Judicial Activism, public employment |
| Cite Article: | "Judicial friction with Legislative overreach on Reservation law in public Employment: A critical study", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.8, Issue 1, page no.331 - 336, January-2023, Available :http://www.ijsdr.org/papers/IJSDR2301053.pdf |
| Downloads: | 000337074 |
| Publication Details: | Published Paper ID: IJSDR2301053 Registration ID:203449 Published In: Volume 8 Issue 1, January-2023 DOI (Digital Object Identifier): Page No: 331 - 336 Publisher: IJSDR | www.ijsdr.org ISSN Number: 2455-2631 |
|
Click Here to Download This Article |
|
| Article Preview | |
|
|
|
Major Indexing from www.ijsdr.org
| Google Scholar | ResearcherID Thomson Reuters | Mendeley : reference manager | Academia.edu |
| arXiv.org : cornell university library | Research Gate | CiteSeerX | DOAJ : Directory of Open Access Journals |
| DRJI | Index Copernicus International | Scribd | DocStoc |
Track Paper
Important Links
Conference Proposal
ISSN
 |
 |
DOI (A digital object identifier)
  Providing A digital object identifier by DOI How to GET DOI and Hard Copy Related |
Open Access License Policy
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
|
 |
 |
 |
Social Media
Indexing Partner |
|||
| Copyright © 2024 - All Rights Reserved - IJSDR | |||
Facebook Twitter Instagram LinkedIn