The constitutional provisions for fundamental rights and basic freedom that can be exercised within the democratic sphere, by logic, rule out political practice that is based on a moral element such as courtesy. Courtesy acquires salience in acquiescence that is shaped by an asymmetrical power...
The Shudras: Vision for a New Path edited by Kancha Ilaiah Shepherd and Karthik Raja Karuppusamy, New Delhi: Vintage (Penguin Random House), 2021; pp 272, ₹ 699 .
The Supreme Court in March 2020 passed a judgment that diluted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The judgment was passed under the pretext of protecting innocent persons from being booked under false cases, thereby preventing the misuse of the law. An...
The Gun, the Ship, and the Pen: Warfare, Constitutions and the Making of the Modern World by Linda Colley, London: Profile Books, 2021, pp 502, ₹ 2,280 (hardcover).
The notion that reservation is contrary to efficiency and merit has been invoked consistently. Even the Supreme Court of India seems to have agreed withthis proposition in some judgments, as it held that Article 16(4), which provides for reservation in services, would be limited by Article 335, which mentions the term “efficiency of administration” in the Constitution. This paper explores the Constituent Assembly Debates to show that the Constitution framers did not subject reservations to the test of efficiency or merit. In addition, “efficiency of administration” mentioned under Article 335 cannot be treated as an exclusionary construct, as it was done in pre-independence era.
