DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY,
LUCKNOW (U.P.)
SESSION 2015-2020

POLITICAL SCIENCE
FINAL DRAFT ON:
RESERVATION IN EDUCATION SYSTEM IN INDIA
Submitted for the project undertaken in partial fulfilment of
B.A. LL.B. (Hons.)
IInd Semester

SUBMITTED TO:
DR. MONIKA SRIVASTAVA
ASSISTANT PROFESSOR
RMLNLU (U.P.)

SUBMITTED BY:
CHITRESH BAHETI
SECTION A
ROLL NO. 44

CONTENTS

ACKNOWLEDGEMENTS.............................................................................................................
ABSTRACT....................................................................................................................................
OVERVIEW OF RESERVATION SYSTEM..................................................................................
HISTORICAL DEVELOPMENT...................................................................................................
JOHN RAWLS THEORY...............................................................................................................
RESERVATION IN EDUCATION SYSTEM...............................................................................
CONCLUSION..............................................................................................................................
BIBLIOGRAPHY....18

ACKNOWLEDGEMENT

I would like to thank all those people who helped me in successfully completing this research
project. Firstly I would appreciate the help of my learned professor Dr. MONIKA
SRIVASTAVA who enlightened me with his innovative and inspirational ideas regarding this
project and guided me throughout the completion of this project. She has always
enthusiastically extended help and clarified doubts whenever I had a difficulty regarding the
project. She has also inspired, through his adoption of alternate methods of teaching to firstly,
take up this project, and secondly, to do the project in the method that I adopted.
Secondly I would thank my parents who encouraged and motivated me to do this project. I
would also thank my friends who helped me by suggesting books also helping me locate and
acquire the books discussed in this project.

-CHITRESH BAHETI

ABSTRACT

Reservation policy of India, or "compensatory discrimination," is a "daring attempt to remedy

the past injustices suffered by those who are at the lower levels of India's four-tier castehierarchy."1 Hunter commission (1880) was the first commission brought by Britishers to
give its report about depressed class and after this commissions report British gave separate
electorates to different groups for their representation in the assembly. Soon after
Independence, by recommendation of the Kaka Kalelkar First Backward Classes
Commission, the Indian government implemented the model of reservation schemes for the
Scheduled Castes and Tribes in government employment, as one means of addressing the
disadvantage suffered by these groups most subordinated in the traditional caste hierarchy.2
The government implemented no such policy for Other Backward Classes at that time. Over
time, the Indian courts imposed various limitations on the reservation policy, attempting to
refine its definition of a disadvantage sufficient to merit reservations, occasionally adapting
the schedule of groups deemed to have suffered this disadvantage. Another commission was
appointed in 1978, it was known as Mandal Commission.3 It was appointed to re-evaluate the
reservation policy. Most notably, the Mandal Report of 1980 suggested reserving an
additional 27% of government positions for Other Backward Classes. Amidst violent protest,
the Supreme Court validated this plan, a decade after its proposal, but it also said that a
family/individual means test for all individuals claiming backward status by their caste
membership should be done for any individual to avail the benefits of this policy.

1 E.J. Prior, Constitutional Fairness or Fraud on the Constitution? Compensatory Discrimination in India, 28
CASE W. RES. J. INT'L L. 63, 65-66 (1996)

2 Ibid
3 Ibid 4

OVERVIEW OF RESERVATION SYSTEM

India is the world's largest democracy, a country with over 850 million people, the majority
of whom are poor and underprivileged.4 The allied classes in India are rich ones and it is a
very complex society with vast number of differences. The differences are generally on the
basis of language, religion, caste and tribe which lives together with lots of complexities.
Affirmative action has been extensively developed in India to redress the wrongs of the past.
In dealing with opposing concepts and clashes of cultures and values the Indian Constitution
and Supreme Court have imaginatively sought to accommodate opposites and melt them into
an all-embracing treatment. Nehru was a socialist ideology person and he appreciated the
problem of varied cultures and differences. At the Constituent Assembly he expressed the
problem thus: 'How shall we promote the unity of India and yet preserve the rich diversity of
our inheritance?'
At independence a new India emerged, free of British rule, facing the formidable task of
overcoming the historical deprivations of the discriminated against. Discrimination in all
forms had been one of the major grievances of the independence movement led by the Indian
National Congress.5 This question was of great importance to the constituent assembly and
for the founding fathers of the constitution. The historically discriminated and exploited
group and caste of people were taken into consideration while forming the constitution of
India.6
The Constituent Assembly guaranteed that socialist standards were settled in, so that the
Constitution turned into a manual for the upliftment of poor people and future governments
would be bound by its strictures. The Constitution has ended up more noteworthy than its
political defenders; it has outlasted different distinctive governments. It is viewed by many
Indians as a living document. Enforced by the courts, and drafted with a view towards
4 Joel Krige, Reservations for the unprivileged in India, African L.J. 739, 739-748(1993)
5 Jawaharlal Nehru The Discovery of India (Jawaharlal Nehru Memorial Fund, Oxford University Press 1948
6 Supranote at 4, 7435

transforming society, it guides a government in securing justice, social, economic and

political for all its citizens.
As Krishna Iyer J said:
'... [T]he Indian Constitution is a great social document, almost revolutionary
In its aim of transforming a medieval, hierarchical society into a modern, egalitarian
Democracy.7
The Congress Party of Nehru was of the perspective that financial improvement which broke
the old country methods of generation and requesting of relations of society would dissolve
the word related base of castism, at the same time, until then, medicinal measures would be
vital. These measures of accommodating the underprivileged are brief in nature, to stay set up
until the issue is killed. However, the making of extraordinary procurement or booking for
social and instructively in reverse classes of subjects can give and has offered ascend to much
dialog and translation. Uncommon procurements and reservations have been called numerous
names, contingent upon who is drawing nearer the procurement and from which point of
view, including considerate racial discrimination,8 protective or reverse discrimination,9 and
compensatory discrimination. The Constituent Assembly recognized three groups of
underclasses and by way of special provisions and reservations provided for their upliftment.
They are the backward classes, scheduled castes and scheduled tribes. The Constitution
provides for the appointment by the President of commissions to investigate the conditions of
the socially and educationally backward classes and to report on them as a guide to the
President and the Government on how to carry out the mandates of the Constitution
adequately and properly.10

7 AIR 1976 SC 490 at 529 para 131

8 Parmanand Singh 'Bakke and Thomas: A Comparative Legal Analysis of Emerging Judicial Responses to the
Problem of "Equality" and "Compensatory Discrimination" in U.S.A. and India' (1978-9) 6 & 7 Delhi LR 48

9 V P Bharatiya 'No Reverse Discrimination: Egalitarian Differentiation for Job Reservations' (1991) 3 3
Journal of the India Law Institute 76
10 Ind. Const. article 3406

HISTORICAL DEVELOPMENT

Reservations were first started by the Britishers, as they were the first to introduce quotas for
the underprivileged to give them an opportunity of joining the Indian Civil Service dominated
at that stage by Brahmins.11 The backward classes are generally those classes who are
historically discriminated and exploited by the upper castes, our constitution has considered
this and they have special provisions in our constitution.12 Since the 1850s these communities
were loosely referred to as Depressed Classes, with the Scheduled Tribes also being known as
Adivasi ("original inhabitants").13 The early 20th century saw a flurry of activity in the Raj
assessing the feasibility of responsible self-government for India. The MorleyMinto
Reforms Report, MontaguChelmsford Reforms Report and the Simon Commission were
several initiatives in this context. The most contested issue was reservation of the seats for
depressed classes for representation in provincial state and assembly.
In 1935, British passed the Government of India Act 1935, designed to give Indian provinces
greater self-rule and set up a national federal structure. The act incorporated reservation of
seats for the depressed classes, which came into force in 1937. The Act introduced the term
"Scheduled Castes", defining the group as "such castes, races or tribes or parts of groups
within castes, races or tribes, which appear to His Majesty in Council to correspond to the
classes of persons formerly known as the 'Depressed Classes', as His Majesty in Council may
11 Joel Krige, Reservations for the unprivileged in India, African L.J. 742, 739748(1993)
12 Ind. Const. articles 15, 16, 46
13 Ibid7

prefer". This definition was cleared up in The Government of India (Scheduled Castes) Order,
1936, which contained a rundown (or Schedule) of stations all through the British-regulated
territories.
The definition specified by Britishers for Scheduled castes and tribes continued to be same
even after our Independence , giving (via articles 341 and 342) the president of India and
governors of the states a mandate to compile a full listing of castes and tribes (with the power
to edit it later, as required). The complete list of castes and tribes was made via two orders:
The Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes)
Order, 1950, respectively.
It is very complex and difficult to define Backward. Our constitution has not clearly
defined the meaning of backward class of people, thus posing the single most troublesome
question. The social backwardness is directly connected to caste, occupation and poverty. The
lower castes ought to be treated as backward classes. In the Mandal Commission case it was
recognized that the backward classes are nothing but a collection of certain caste that are
socially backward. Among non-Hindus there are several occupational groups, sects and
denominations which, for historical reasons, are socially backward. They, too, represent
backward social collectivises for the purposes of art 16(4). As regards the question of
identification of a 'backward class of citizens', the answer will necessarily deal with the
generalities of the situation, not with problems or issues of a peripheral nature that are
peculiar to a particular state, district or region. 14 Only general guidelines can be laid down by
the appropriate authorities. The question has been raised whether it is appropriate by means
of a 'means test' to exclude from a backward class certain persons whose income is above the
limit. This is referred to as the 'creamy layer' argument. The Mandal Commission case held
that the 'creamy layer' can and must be excluded. The Mandal Commission Report classified
3,743 castes as backward and deserving of special treatment in the form of federal
employment and educational reservations.15 These particular castes were ineligible to benefit
from the federal jobs and educational seats already exclusively reserved for Scheduled Castes
and Scheduled Tribes. In all, the program recommends setting aside forty-nine and a half
14 Supranote at 11
15 Tim McGirk, Indian Caste War That Made a Man Set Himself Alight, The independent (London), Sept. 28,
1990, at 148

percent of federal government jobs and educational seats for lower-caste Hindus and other
socially and educationally backward classes in India

JOHN RAWLS THEORY

Rawls take into consideration the plurality and complexity of a society like India. A just
society will not subject the rights of an individual to the 'calculus of social interests."16
Although Rawls is critical of Utilitarian notions of justice, he accepts the Pareto model of
optimality at a general level. As indicated by the Pareto display, an idea typically utilized as a
part of financial matters, a circulation of assets is proficient if no conceivable redistribution
can improve one individual off without aggravating someone else off." There can be various
productive dissemination designs extending from rights being similarly isolated, to all rights
being vested in a solitary individual. The Pareto model, which considers just the whole of
advantages and disregards individual hobbies, is like the Utilitarian rationality and thus not
totally adequate to Rawls. He expands upon the inadequacies of the Pareto model by going
past the minor thought of proficiency and creates rule that will figure out which of these ideal
appropriations are genuinely just."
Rawls, through his first principle, propounds
"each person is to have equal rights to the most extensive basic liberty compatible with
similar liberty of other17

16 John Rawls, A Theory of-Justice 72 (1973).

17 Ibid9

Essential freedoms incorporate political freedoms (right to vote and to be qualified for open
office), the right to speak freely and gathering, freedom of inner voice and opportunity of
thought, flexibility of the individual alongside the privilege to hold property, and the
flexibility from subjective capture and seizure as characterized by the idea of the guideline of
law." As some other liberal democrat, Rawls offers supremacy to common and political rights
and places them in the non-debatable classification. Then again, social and financial rights
(managed in his second guideline) are debatable what not people need not be qualified for
total fairness as for these rights." His first guideline invests upon all persons certain basic
'fundamental freedoms' that are to be good with the comparative freedoms of others. During
his time rule, he perceives the presence of imbalances and permits them the length of they
work further bolstering everybody's good fortune.
According to his second principle
Social and economic inequalities are to be arranged so that they are both (a) reasonably
expected to be to everyones advantage and (b) attached to positions and offices open to
all.18
This principle of justice is the prologue to another important Rawlsian notion- fair equality of
opportunity. It is not sufficient that positions are left open to all; they must be arranged in
such a manner that all are afforded an equal opportunity to attain them. The quest for
attaining a just and equal society has thrown up varied interpretations of the idea of equality
of opportunity, Rawls' idea of fair equality of opportunity falls somewhere in between the two
extremes of formal legal equality of opportunity and equality of result. In spite of the fact that
he proposes to move from formal uniformity to a more substantive type of balance, he
acknowledges the inexorability of imbalance in specific circumstances" and holds back
before proposing outright equity.19 Every one of the speculations basically point making a
level playing field; however every hypothesis' concept of 'level playing field' is definitely
distinctive. 20
18 Ibid
19 Ibid at pg 83
20 Ibid10

Rawlsian hypotheses of balance and equity have been broadly connected to legitimize
different types of governmental policy regarding minorities in society from special treatment
of minorities in American Universities' to fair distribution of Medical assets.' The essayist
might apply these standards to look at the idea of reservation5 in India. At first look, it may
appear that the Rawlsian speculations are unseemly devices to judge to reservations in India
as Rawls focuses on monetary classes and is to a great extent worried with circulation of
wage and riches, while reservations in the Indian connection go for enhancing social and
instructive states of the regressive classes.' However, Rawls himself trusts that the
appropriation of monetary resources is affected by the social remaining of a man. Truth be
told, while talking about imbalance Rawls examines the low and inscriptive nature of blueblooded and position social orders.!
Rawls' mistrust in the absolutist idea of uniformity is the thing that makes him especially
applicable for the present investigation. While taking a gander at part of equity he surrenders
that a sure measure of treachery is decent if used to maintain a strategic distance from a more
noteworthy foul play! The essayist feels that Rawls' extremely premise for propounding a
hypothesis of equity lies in his conviction that regardless of differences among people on the
very thought of equity, they perceive the need, and further, are readied to acknowledge a
typical arrangement of administering standards for distributive equity," Rawls gets to be
important to the Indian connection in light of the fact that in spite of the fact that he proposes
a movement from formal fairness to a reasonable equity of chance, he speculates inside of the
liberal law based worldview and does not disregard the need of individual rights Through this
piece, the author should break down whether the idea of reservation is defended at a
hypothetical level. On the off chance that the idea itself is flawed, then we have to toss the
arrangement of reservation in general and locate a more powerful technique for advancing
fairness. In the first part the author should present a basic diagram of the Rawlsian ideas of
equity and uniformity. In the second part the essayist should apply these hypotheses to
inspect the idea of reservation in India. In the third part the author will indicate why,
regardless of the hypothetical soundness, the reservation strategy has not been an effective
type of governmental policy regarding minorities in society in India.

11
RESERVATION IN EDUCATION SYSTEM

The Constitution of India precludes segregation in view of position,

religion, sex or dialect by the state in matters of instruction and
occupation. In any case, it accommodates particular treatment to planned
ranks and tribes and to other in reverse classes in matters of training and
vocation. These inclinations or reservations have been an apple of
disagreement, right from the season of their origination. Reservations are
"least quantities" accessible to individuals from impeded gatherings for
Government employments and instructive establishments gave qualified
individuals from such gatherings apply for those positions. If there should
arise an occurrence of booked standings and planned tribes, reservation is
given to situates in the House of the People (Article 330), in instructive
organizations (Article 46) and for open vocation (Article 335). 21 As to other
in reverse classes, they have been given reservations just in instructive
establishments and open vocation. Presently the inquiry emerges as
respects the criteria for deciding the particular gatherings and ordering
them to fit into any of the accessible openings gave by the constitution.
21 Ajit Warrier, Reservation how and why?, Student Advoc. at 64, 64-69 (1988)

This correctly is the focal point of all attractions and has driven a few
individuals to even label reservations as some kind of a Frankenstein.
Planned ranks are recognized on the premise of position: the last on the
premise of managerial strategies, which are liable to legal investigation.
Indeed, even these managerial policies are tilted for the most part for
standing as the criteria for distinguishing proof. The standing status
among planned ranks is essential considering the procurements of the
constitutions. The constitution of India, by nature, is libertarian. 22 Article
14 of the Indian Constitution ensures uniformity in the witness of the law
and equivalent security of law to all persons. Article 15 and 16 disallow
oppression any resident for open work and different exercises of the State
on the grounds just of religion, race, position, sex or place of conception.
Whether particular treatment of individuals from burdened gatherings is
tuned in to the ideas of 'balance under the watchful eye of the law' and
equivalent security of the law relies on upon the idea of fairness utilized
by the individuals who judge. The idea that lies in this arrangement of
quantities is that of relative gathering correspondence. The key figure
here is not the individual but rather the gathering. On the off chance that
the individual is an individual from a gathering, particular treatment is
conceded if that gathering is ended up being under-spoken to or
deliberately not able to contend on an equivalent premise with different
gatherings for the position being looked for. The backers of corresponding
gathering balance frequently clarify it as an apparatus to correct the
current unequal dispersion of positions. The result of systematic
segregation on a gathering premise. It is an aggregate way to deal with a
gathering issue. In India, supporters of reservations battle that the most
ideal approach to amend this imbalance is by redistributing the
advantages to poor people and/or the regressive on a station or gathering
premise. The Indian Constitution gives Articles 16(4), 46, 330, 332, 335,
340, 341 and 342 to empower the Government to concede uncommon
22 Priya sridharan, Representations of Disadvantage: Evolving Definitions of Disadvantage in India's
Reservation Policy and United States' Affirmative Action Policy, 6 Asian L. J. 99 (1999)
12

particular treatment to specific classifications of individuals. Article 16(4)

gives that the denial under Article 16 on segregation in vocation should
not anticipate such inclinations - "Nothing in this article might keep the
state from making any procurement for the reservation of arrangements
for any regressive class of residents which in the feeling of the state, is
not satisfactorily spoke to in the administrations under the state" In the
celebrated case State of Madras Vs. Champakan Dorairajan 23 the Supreme
Court held that the procurement permitting reservation in business did not
reach out to instructive institutions. In Madras, an arrangement of
amounts has been begun to choose individuals from all positions bunches
for open business. In Venkataramana Vs. Condition of Madras 24 the
Supreme Court struck down the standard framework and held that just 'in
reverse classes' (Article 16(4) could get the advantage of reservations. A
vital case around there was M. R. Balaji Vs. State Bank of Mysore. 25 For this
situation six candidates to therapeutic school and 17 to Engineering
College recorded Writ Petitions fighting that they were not conceded due
to the exorbitant and nonsensical reservations - for in reverse classes in
the Government Order. Applicants with lower scores having a place with
these retrogressive classes were conceded rather than the petitioners.
The court held that the request was invalid in light of the fact that "the
premise embraced by the request in determining and counting the socially
and instructively in reverse classes of residents in the state is incoherent
and nonsensical and henceforth outside Article 15(4)". The court
additionally held that the degree of the reservation was irrational and an
extortion on the force gave by the Article 15(4). As indicated by the court,
15(4) is a special case to 15(1) and 29(2) and it must not hence be
deciphered to invalidate the rights ensured to all residents by these
Articles. Reservations under 15(4) ought not to surpass 50 percent of the
23 AIR 1951 S, C. 226
24 AIR 1951 S. C. 229
25 AIR 1963 S. C. 64913

seats. The imperative variable to be noted in Article 15(4) is that it doesn't

talk about positions yet just discusses classes. In the event that the
designers of the Constitution wished classes to be one of the deciding
criteria for the social and instructive backwardness, then it would have
been explicitly expressed in that frame. It might be proposed that
"classes" is utilized as there are groups without positions. In this manner
the conclusion may be that position may be one of the criteria for deciding
backwardness of a gathering of nationals however it is not the sole one.
This elucidation helps the truly in reverse classes rather than further
advancing the hobbies of people or gatherings who really have a place
with a class which is socially and instructively progressed. On the off
chance that we translate the expression "classes" as stations then the
entire significance behind the established procurements would be
vanquished. The individuals who don't merit such advantages will get
them to the detriment of the individuals who do. In T. Devadasan Vs.
Union of India26 another feature of this discourse was investigated by the
Supreme court. A 17.5 percent reservation of the advancements to
Assistant Superintendent was made for Scheduled Castes and Scheduled
Tribes and the saved positions staying unfulfilled one specific year, were
conveyed forward into the consequent year and added to the rate saved
for every year. The combined number of positions saved rose to a
somewhat high 65 percent when the case was documented. The applicant
was disregarded however he secured twofold the imprints secured by the
SC/ST categories. The court held that "The proportion of the Balaji choice
has all the earmarks of being that reservations of more than a large
portion

of

the

opportunities

is

fundamentally

damaging

of

the

procurements of Article 15(1). In his judgment, Mudholkar J. commented

concerning: "Where the object of a principle is to make resonable stipend
for the backwardness of individuals from a class by holding certain extent
of arrangements for them in the general population administrations of the
state, what the state would infact be doing would be to give the
individuals from in reverse classes with an open door equivalent to that of
26 AIR 1964 S. C. 179

the individuals from the more propelled classes in the matter of

arrangement to open administrations"27. The court further went ahead to
indicate that it is individual not gather correspondence that Article 16(1)
plans to secure. Accordingly reservations are essential for giving
equivalent chance to each national in instructive foundations and open
business paying little heed to social and monetary foundation. In any
case, reservations have been perceived as a special case, restricted in
purpose of time. Therefore, the transient objectives of defensive
separation can't be permitted to influence unfavourably the changeless
elements of the Constitution. Further the position test ought to be
appreciated to be absolute as it influences unfavourably the defenceless
areas both in the regressive and forward classes. This can be minimized
by the selection of a test on the premise of class for the gifts of
advantages of reservations, which must further be founded on numerous
variables like pay, genuine occupations sought after by the folks and
proficiency levels, and so on. Unless this change does not come to fruition,
reservations will keep on predicting the impressive social strains in the
general public

27 Ibid at 6514

15
CONCLUSION
A social stratification so old and with awesome goals wont be anything but difficult to
change, for it is a matter of individual state of mind and it is hard to compel individuals to
change their perspectives. An equalization needs to happen between individual flexibility and
the privilege of society all in all to consent to prohibit certain exercises, for example,
untouchability. It is now and again battled that in light of the fact that the practice proceeds in
some rustic regions, its prohibiting has been incapable; yet that is an exaggeration, for a
measure of accomplishment has gone to it.
Since freedom much has been expert by individuals who already originated from
underprivileged segments of society to expect authority positions in the public arena. Position
is a social development just amongst Hindus. Muslims can likewise endure hardships, be they
financial or social or instructive; so can Jews, Christians and Parsis. The idea of in reverse
classes would incorporate them as well. In a lawful framework like our own, India has built
up assurances of established freedom and lively security of human rights in spite of
overpowering destitution, social differing qualities, and political strain.
Presently we have seen that legislature had kept different welfare plans for the SC and ST in
India. On the off chance that we take couple of cases than reservations in instructive
frameworks, land portions for occupants (free of expense), rural area allocated free of
expense

for

cultivating

and

so

forth.

I trust that there ought to be reservation in the instructive arrangement of India. Because of
which they can likewise get great and advanced education, however at the season of the

occupations/open administration there ought to be n reservation. A man must 22 to 25 years

advantage of reservation approach and had finished his studies. Presently he ought to remain
all alone feets and ought to confront the opposition in the business sector. They must the
things which a man conceived in other standing must at this point.

16
On the off chance that administration still needs to keep reservation strategy then now it
ought not to be founded on position or class, it ought to be founded on the yearly wage of the
individual. On the off chance that the individual is winning short of what he requires more
cash for his family and kids and this thing he can land just by a position or out in the open
service. By this implies just such persons can give great instruction to their youngsters.
Legal has assumed awesome part in the reservation arrangement. The immense illustration of
this N Nagrajans case, Ashok Kumar Thakor, and Indira Shawnays case. In this cases,
preeminent court has given passing reference to the reservation on the SC and ST in
employments. Be that as it may, Supreme Court has said that reservation ought not to build
then half in any condition but rather in a large portion of North Eastern state this reservation
is expanded to 85% and still they have begun a move to build it to the 95% and court is not
stepping against it. By along these lines we can see that legal is likewise playing a part in
expansion of booking for SC and ST.
Presently days legislators are assuming a noteworthy part in reservation policy. The
reservation approach was just for a long time after the freedom, for upliftment of SC and ST
however till now it is proceed and nobody has stepped to alter it or overhaul it or to change it.
The purpose for this is the number of inhabitants in SC and ST in nation. About 33% voting
is finished by SC and ST so now on the off chance that they roll out any improvement in the
reservation approach against the SC and ST then they need to languish a considerable
measure over the same. So they are not stepping against the reservation strategy. Presently in
the event that you consider the hypothesis of john rawles of equity then he has unmistakably
said that beginning line ought to be/must be the same for every one of the Persons. By

giving reservation in the instructive frameworks we are giving the same line to every one of
the persons. He facilitate additionally said that by giving correspondence in instruction they
are giving equivalent opportunity to begin to every one of the persons and further there is no
need of reservation in administration too.
I am completely concurred with the perspective of john rawls on reservation. Strategy and
there is clear need of updating the present reservation approach.
17
BIBLIOGRAPHY

Constitution

Indian constitution

Journals

E.J. Prior, Constitutional Fairness or Fraud on the Constitution?

Compensatory Discrimination in India, 28 CASE W. RES. J. INTL L.
63, 65-66 (1996)

Joel Krige, Reservations for the unprivileged in India, African L.J. 742,
739-748(1993)

V P Bharatiya No Reverse Discrimination: Egalitarian Differentiation for Job

Reservations (1991) 3 3 Journal of the India Law Institute 76

Parmanand Singh Bakke and Thomas: A Comparative Legal Analysis

of Emerging Judicial Responses to the Problem of Equality and
Compensatory Discrimination in U.S.A. and India (1978-9) 6 & 7
Delhi LR 48

Priya sridharan, Representations of Disadvantage: Evolving Definitions of

Disadvantage in Indias Reservation Policy and United States Affirmative Action

Policy, 6 Asian L. J. 99 (1999)

Sameer Pandit, marginalisation and reservation in india: an analysis in the light of
Sawlsian theories of justice and equality, 1 Socio-Legal Rev. 40 (2005)

Samuel M. Witten, Compensatory Discrimination in India: Affirmative Action as a

Means of Combatting Class Inequality, 21 Colum. J. Transnatl L. 353 1982

Ajit Warrier, Reservation how and why?, Student Advoc. At 64, 64-69 (1988)

Books

John Rawls, A Theory of-Justice 72 (1973).

Tim McGirk, Indian Caste War That Made a Man Set Himself Alight, The

independent (London), Sept. 28, 1990

Jawaharlal Nehru The Discovery of India (Jawaharlal Nehru Memorial Fund, Oxford
University Press 1948
18