ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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The Buck Stops Here

A Look into the 105th Amendment

The principal implications of the 105th amendment to the Constitution are discussed, which is an issue bristling with explosive potential.

Reservations in education and employment are a much-discussed aspect of the Constitution. Although contrary to popular (mis)conception, the Constitution does not mandate reservations much less list the castes that are entitled to this benefit; however, over time, reservations or protective/positive discrimination have acquired the power of a mandatory provision. Only of late some judicial noises are being heard questioning this facet of reservations and observations made that reservation is not a right but this is still to become settled law.

A number of amendments have been passed concerning reservations pertaining, among other issues, to who are entitled to or more correctly eligible for reservations; what should be the percentage of reservations for each category; what limitations, if any, should be placed on this benefit (the creamy layer is a good example of this); and lately, who should have the power to include or exclude castes from the backward class category.

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Published On : 20th Jan, 2024

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