Reservation under Constitution - Constitutional provisions related to reservation - The provisions related to reservation have been discussed under Articles 15-16, 330-331, 333 and 334 of the Indian Constitution. Which is as follows - Article 15 - Prohibition of discretion on the basis of religion, descent, caste, sex or place of birth - (1) The State shall be against any citizen only on the basis of religion, race, caste, sex, place of birth or any of these Will not discriminate. (2) Any citizen only on the basis of religion, race, caste, sex, place of birth or any of these --- (A) entering shops, public eateries, hotels and places of public entertainment, or (B) shall not be subject to any disqualification, obligation, restriction or condition in relation to the use of wells, ponds, bathrooms, roads and places of public participation, wholly or partially funded by the State Fund or dedicated for the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or article 29 (2) shall prevent the State from making any special provision for the advancement of any section of socially and educationally backward citizens or for the Scheduled Castes and Scheduled Tribes. (5) States cannot make special provisions for admission into government or non-government educational institutions. Article 16 - Equality of opportunity in public planning - (1) There will be opportunity for all citizens in subjects related to employment or appointment to a post under the state. (2) No citizen shall be ineligible in respect of any employment or position under the State on the basis of religion, race, caste, ,origin, place of birth or residence or on any of these grounds. (3) Nothing in this article shall prevent Parliament from reserving any posts of the State for the residents of a State. (4) Nothing in this article shall prevent the State from making provisions for the appointment or reservation of posts in favor of any class of citizens who are not sufficiently in service of the State. (4A) It empowers the State to make reservations in the promotion of Government services for Scheduled Castes and Scheduled Tribes. (4B) It provides that in case of non-filling of reserved vacancies in a given year, they will be treated as separate vacancies the following year and 50 percent reservation limit will not be applicable on such vacancies. Articles 341 and 342 empowers the President to specify Scheduled Castes and Scheduled Tribes. Provision has been made to reserve seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Legislative Assemblies under Articles 330 and 332 It was provided by Article 334 that the provision of reservation of seats for the Scheduled Castes and Scheduled Tribes and the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies will remain in force for ten years from the date of the Constitution's implementation.
No comments:
Post a Comment