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Reservation: Statutory Commissions Statutory provisions

In India, reservation refers to the practice of setting aside a certain percentage of seats or opportunities for historically marginalized or underrepresented groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), in education, government jobs, and political representation. Statutory provisions are legal enactments passed by legislatures that establish the framework for reservation policies. In the context of India, reservation policies are primarily governed by constitutional provisions and statutes. Here are some key statutory provisions related to reservation in India:

  1. Constitution of India: The Constitution of India provides the foundational framework for reservation policies through various provisions, including:
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. Clause (4) of Article 15 allows the state to make special provisions for the advancement of socially and educationally backward classes of citizens or for SCs/STs.
  • Article 16: Equality of opportunity in matters of public employment. Clause (4) of Article 16 enables the state to make provisions for the reservation of appointments or posts in favor of any backward class of citizens that, in the opinion of the state, is not adequately represented in the services under the state.
  • Article 46: Promotion of educational and economic interests of SCs, STs, and other weaker sections.
  1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act provides for the prevention of atrocities against members of SCs and STs and also includes provisions for certain special protections and benefits for these communities.
  2. Other Backward Classes (OBCs): Various states in India have enacted legislation or issued government orders to provide for reservation for OBCs in education and public employment. These vary from state to state and may include specific statutes or executive orders.
  3. Reservation Acts by State Governments: Many state governments in India have enacted specific laws or issued government orders to provide reservations in education, jobs, and other areas for different communities based on local demographics and socio-economic considerations.
  4. Statutory Commissions: Statutory commissions such as the National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and the National Commission for Backward Classes (NCBC) are established under various acts of Parliament to safeguard the interests of these communities and ensure the implementation of reservation policies. a.National Commission for Scheduled Castes (NCSC): Established under the National Commission for Scheduled Castes Act, 2003, this commission is tasked with monitoring the implementation of constitutional and legal safeguards for the Scheduled Castes and investigating specific complaints regarding the violation of rights. b.National Commission for Scheduled Tribes (NCST): Established under the National Commission for Scheduled Tribes Act, 2003, this commission has a similar mandate as the NCSC but focuses on the welfare and protection of Scheduled Tribes.

These statutory provisions form the legal basis for reservation policies in India and are aimed at promoting social justice, equality, and inclusivity in various spheres of public life. In India, statutory commissions have been established to oversee the implementation of reservation policies and safeguard the interests of marginalized and underrepresented communities. Here are some of the key statutory provisions related to reservations and the relevant commissions, along with notable case laws:

  1. Notable Case Laws:
  • Indra Sawhney & Ors. vs. Union of India (1992): Popularly known as the “Mandal Commission case,” this landmark judgment upheld the validity of reservations for OBCs in public employment, subject to certain conditions. The case addressed the constitutionality of reservations based on caste and led to significant debates on affirmative action in India.
  • M. Nagaraj & Others vs. Union of India (2006): This case dealt with the issue of whether the state can provide reservations in promotions for SCs and STs in public employment. The Supreme Court upheld the validity of such reservations but laid down certain guidelines and conditions for their implementation.
  • B.K. Pavitra & Ors. vs. Union of India & Ors. (2019): In this case, the Supreme Court ruled that the state government cannot exceed the 50% cap on reservations, except in extraordinary circumstances, and upheld the Karnataka government’s decision to provide reservations in promotion for SCs and STs.

These case laws illustrate the evolving jurisprudence surrounding reservation policies in India and the role of statutory commissions in overseeing their implementation and addressing related legal challenges.

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