Reservation in favour of backward classes of citizens is dealt with by cl. Religion, race, caste, sex, descent, place of birth, residence or any of them cannot be the basis for discrimination against a citizen in matters relating to public employment or office under the state. In the mandal commission case, the supreme court has clearly and authoritatively laid down that the socially advanced members of the backward class, the creamy layer, has to be excluded from the backward class and the benefit of reservation under article 16(4) can only be given to a class which remains after the exclusion of the creamy layer. To assess the cost and benefits of equal protection in quantitative and qualitative terms with respect to preferential policy in india and u Buy now An Essay On The Protective Discrimination In India
Later on during upa-i regime and in the time of arjun singh as mhrd minister, 27 reservation in higher educational institutions of central govt was given. In education sector, as early as in 1951, the government of bihar prepared a list of 109 castes as backward class and gave them the benefit of scholarship. The preamble of the constitution further aims to achieve the varied dimensions of justice i. Poverty, caste, occupation and habitation are the principal factors contributing to social backwardness. So in their early regime they started giving those privileges to brahmins which were deprived by mugal rulers.
Higher education being elitist, narrowly scoped and traditionally available for privileged ones requires to be studied for its equitable and wide reach An Essay On The Protective Discrimination In India Buy now
As one non-indian scholar wrote in 1979 in the course of my visits to india over two decades i have noticed an erosion and virtual disappearance of a liberalminded public opinion supporting private efforts to improve opportunities for the s. This brought in to 46th amendment in article 338 replacing single member office into multi member system. There were following terms of reference (a) to determine the criterion to define socially and educationally backward classes the mandal commission presumed caste as synonym of class. The supreme court has ruled time and again, that where there is no only one post in the cadre, there can be no reservation for the backward class with reference to that post either for recruitment at the initial stage or filling up a future vacancy in respect of that post otherwise the same would amount to 100 per cent reservation Buy An Essay On The Protective Discrimination In India at a discount
The reason of choosing higher education as the area of research is apparent due to its direct importance in achieving status and opportunity. One calls for the withdrawal of the state and the other assigns to the state the role of the greatest dispenser of equity. This amendment also modifies the proposition laid down by the supreme court in indira sawhney. Finding are analyzed with respect to various decisions of courts taken time to time and suitable suggestions are made. It also noted that 1931s census can not be the determining factor for obc reservation.
It requires for the institutions of higher education receiving federal grants to disclose to department of educations office of civil rights on the extent to which they consider race as criterion of admission Buy Online An Essay On The Protective Discrimination In India
These groups are as follows group a (aboriginal tribes vimuktha jathis nomadic and semi nomadic tribes etc. At present, the benefits of job reservations are most chewed up by the more effluent sections of the backward class and the benefit of the reservation policy is not being percolated to the poor and the really backward class amongst them which makes them poorer and more backward. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens. In india, the participation of private sector specially unaided institutions are mainly serving professional education. To evaluate quality and excellence (which involve provision of education by accepted standard so that students receive available knowledge of the highest standard and help them to enhance their human resource capabilities) 4 Buy An Essay On The Protective Discrimination In India Online at a discount
The more fundamental question, however, is how far the quotas have and other privileges helped the target groups. See also, victor s dsouza, development planning and structural inequalities the response of the under privileged, new delhi, sage, 1990, pp 196-97. Further, any casteclass scoring over 65 is identified as most backward class. In 1910, during the times of british, non-brahmins of tamilnadu felt suppressed by the conduct of brahmin administrators in the madras provincial government. While prescribing the lower minimum standard for reserved category, the nature and duties attached to the post and the interest of the general public should also be kept in mind.
But in the determination of a class a test solely based upon the caste or community cannot also be accepted An Essay On The Protective Discrimination In India For Sale
The economic backwardness brought social awkwardness which consequently made them downtrodden and thus depriving them even of the dignity of life. After 23 years of the submission of first backward class commission, the govt. It is surmised that since reservations are the least expensive and politically most rewarding the political parties find them the easiest policy options available to them. India promulgated to set up second backward class commission under the leadership of mr. It would not be permissible not to prescribe any such minimum standard at all.
In 1935, british govt in india passed government of india act which came into effect in 1937. As supreme court has directed to provide not more than 50 reservation, an enactment was legislated under article 31(c) and the was inserted in the xi schedule of the indian constitution (76th amendment, 1994) to protect the 69 provision from judicial scrutiny For Sale An Essay On The Protective Discrimination In India
Specific provisions for reservations in services in favour of the members of scheduled castes and scheduled tribes have been made as follows in the constitution of india- article 16(1) there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. Guidelines for consideration of requests for inclusion and complaints of under inclusion in the central list. The constitution of india provides under article 46 the directive principle for state policy about the promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections of the society. In india the process is on and only the future would tell whether its experiments were in the right direction or not Sale An Essay On The Protective Discrimination In India