Fairness & Effectiveness in Reservation System

1. In 1963 itself, S.C. in the case AIR 1963 SC 649 Judged that ” It does not mean that once a caste is considered backward class then it should continue to be backward for all the time. The Government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of the backward Classes “.

2. In 1985 S.C. in the case: AIR 1985 SC 1495 : directed 1. The Reservation in favour of the SCs. and STs. must continue as at present that is, without application of a means test. for a further period of 15 years . Another 15 years will make it 50 from the commencement of the Constitution , a period reasonably long for these classes to overcome the baneful effect of social oppression , isolation and humiliation ;
2. the means test, that is, the test of economic backwardness ought to be applicable even to the SCs. and STs. after 15 years { after 2000 AD } ;
3. so far other backward classes are concerned two tests should be applied :-
a. that they should be comparable to the SCs. and STs. in the matter of their backwardness ;
b. that they should satisfy the means test such as the State Government may lay down, in the context of prevailing economic conditions ;
4. the policy of reservations in employment , education and legislative institutions should be reviewed every five years or so. This will afford an opportunity to the State to rectify distortions arising out of particular facts of the reservation policy .

These parts of the 2 Judgments are in addition to the clarifications and comments made by the Judges.

This only is the Justified system to be followed .

The issue of special provisions to socially and educationally backward under Article 15 [4] ; educational and economic interest of Weaker Sections particularly the S.C.S.T. Castes are different for providing aided education and special scholarships for these Classes.

The constitution did not mention the Castes except S.C. and S.T. BUT, ONLY THE POLITICALLY SELFISH LEADERS HAVING AUTHORITY OF RULE CARRIED THE " Castes " against the Constitutionally written-down mandates and also against the declaration of Dr. Ambedkar in the Constituent Assembly where he stated that " Castes are anti national since they create jealousy and antipathy in one side , and also anti national on the other way since they create rivalry between Castes " . This is what is now being witnessed by many Castes fighting for Reservations since many are Striving and Starving while the Reservations had been carried irrespective of Economic Status WHICH IS ABSOLUTE INJUSTICE TO THE POOREST OF THE POOR having same right under these particular Articles of the Constitution .

S.C. in 1963 itself identified this injustice and ordered the above Judgment . more  

1. In 1963 itself, S.C. in the case AIR 1963 SC 649 Judged that ” It does not mean that once a caste is considered backward class then it should continue to be backward for all the time. The Government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of the backward Classes “.

2. In 1985 S.C. in the case: AIR 1985 SC 1495 : directed 1. The Reservation in favour of the SCs. and STs. must continue as at present that is, without application of a means test. for a further period of 15 years . Another 15 years will make it 50 from the commencement of the Constitution , a period reasonably long for these classes to overcome the baneful effect of social oppression , isolation and humiliation ;
2. the means test, that is, the test of economic backwardness ought to be applicable even to the SCs. and STs. after 15 years { after 2000 AD } ;
3. so far other backward classes are concerned two tests should be applied :-
a. that they should be comparable to the SCs. and STs. in the matter of their backwardness ;
b. that they should satisfy the means test such as the State Government may lay down, in the context of prevailing economic conditions ;
4. the policy of reservations in employment , education and legislative institutions should be reviewed every five years or so. This will afford an opportunity to the State to rectify distortions arising out of particular facts of the reservation policy .

These parts of the 2 Judgments are in addition to the clarifications and comments made by the Judges.

This only is the Justified system to be followed .

The issue of special provisions to socially and educationally backward under Article 15 [4] ; educational and economic interest of Weaker Sections particularly the S.C.S.T. Castes are different for providing aided education and special scholarships for these Classes.

The constitution did not mention the Castes except S.C. and S.T. BUT, ONLY THE POLITICALLY SELFISH LEADERS HAVING AUTHORITY OF RULE CARRIED THE " Castes " against the Constitutionally written-down mandates and also against the declaration of Dr. Ambedkar in the Constituent Assembly where he stated that " Castes are anti national since they create jealousy and antipathy in one side , and also anti national on the other way since they create rivalry between Castes " . This is what is now being witnessed by many Castes fighting for Reservations since many are Striving and Starving while the Reservations had been carried irrespective of Economic Status WHICH IS ABSOLUTE INJUSTICE TO THE POOREST OF THE POOR having same right under these particular Articles of the Constitution .

S.C. in 1963 itself identified this injustice and ordered the above Judgment . more