Monday 10 August 2015

Indira Sawhney :The most controversial judgement in india...

Here, I am writing the Landmark judicial decision which changed the Constitution as well as everyday life. Their impact still echoes:
            Recently The Supreme Court Of India has called a complete overhaul of the reservation system in india.Ofcourse the most important change will have to happen in Tamil Nadu, the forerunner of the social justice movement in India.
           Tamil Nadu is the only state which is in perpetual violation of the Indra Sawhney judgment given by a nine-judge bench.

So What is the Indira Sawhney v. Union of India judgement by SC in '92? (Before my birth :-) )

Under this judgement , The Supreme Court upheld caste based reservations in public services. The Supreme Court also stated that the reservations should be not more than 50% of the available seats. The Supreme Court also recommended that the creamy layer from the relevant castes be excluded from the benefits of such reservations.

Every year, the state government is challenged in court and every year the government is forced to create additional seats to compensate all those who lose out because of its flawed policies.

Any reservation related issues raise a lot of hackles. I am honestly on the fence about the issue. As with everything, I believe that the implementation of the system has been unfortunate with those who truly need it not getting the advantages of it. As a consequence, the status and opportunities of those sought to be covered has not significantly improved. Affirmative action is an emotive issue and I see the merits and demerits of arguments every time.      

P.S:I am apolitical (geolibertarian actually, but its not in vogue😊), I am not a beneficiary of reservations, and I'm not even very passionate on the topic of reservations.I wrote this article to satisfy my thirst of knowledge only there is not any political motive behind it.


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