Social Justice-Reservations: Recent Trends

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Social justice -Reservations: Recent Trends
Dr. M.Sreeramulu, Assistant. Professor, Department of Law , S.K.University, Anantapur.

Social justice:
Reservation is mainly based on the principles of Social Justice. Ours is a Welfare State and the Constitution of India provides for promotion of welfare of the people particularly people who are socially and educationally backward.

Hon’ble Judge of the Supreme Court of India Gajendra Gadker J1., while delivering a judgment pointed out that “the concept of social justice is an essential postulate of the rule of law and it gives special significance to the idea of a welfare state”. The Constitution enshrines the concept of Social Justice as one of the objects of state policy and the principles enunciated in “Directive Principles of State Policy” are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making special laws for achieving the goals of Social Justice and an egalitarian society and thus “Reservations” have become major part of the Constitution and its Policy and has become National Policy also since enactment of the Constitution for the last 55 years.

But the recent Judgment of the Supreme court pertaining to
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Union of India – II33 is the glaring example to show how the political parties have deliberately flouted the law laid down by the Apex Court in Mandal case (1992) with regard to exclusion of creamy layer in backward classes. In this case the Supreme Court has directed the Kerala High Court to appoint a committee to identify the creamy layer so as to exclude the creamy elites (who were to be treated on par with forward class) among backward classes from enjoying the benefit of reservation. The Apex court observed that the Kerala State Backward Classes (Reservation of Appointments of posts in services) Act 1995 is discriminatory and violative of Art14, 16 (4) and therefore unconstitutional and

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