The Buck Stops Here

Reservations in education and employment are a much-discussed aspect of the Constitution. Although contrary to popular (mis)conception, the Constitution does not mandate reservations much less list the castes that are entitled to this benefit; however, over time, reservations or protective/positive discrimination have acquired the power of a mandatory provision. Only of late some judicial noises are being heard questioning this facet of reservations and observations made that reservation is not a right but this is still to become settled law.

A number of amendments have been passed concerning reservations pertaining, among other issues, to who are entitled to or more corr­ectly eligible for reservations; what should be the percentage of reservations for each category; what limitations, if any, should be placed on this benefit (the creamy layer is a good example of this); and lately, who should have the power to include or exclude castes from the backward class category.