Reservation Jurisprudence in India: Sub-Classification, Equality and Constitutional Doctrine
Keywords:
Reservation, Equality, Constitutionalism, Caste, DiscriminationAbstract
Driven by this conviction, the article reflects on the constitutional voyage of the reservation policy in India from the lenses of sub-classification, substantive equality, and Ambedkarite constitutionalism. It depicts how the Supreme Court has, in its journey from a caste-based social order concept to the 2024 judgment in the State of Punjab v. Davinder Singh case, progressively redefined the concept of equality under Articles 14–16. The work examines the court's transition from formal to substantive equality and the internal division within Scheduled Castes and Tribes to identify the unrepresented weaknesses of the groups. Drawing upon the judicial precedents, constitutional debates and socio-economic data, it attempts to answer the question whether the current framework fulfils the emancipative promise of justice. Also, it examines the effects of the Davinder Singh case on the creamy layer doctrine and the middle-class trap that limits the growth of the disadvantaged groups. It ends with the idea that the reservation system should turn into a flexible and data-driven model that would be able to balance the historical redress with present inequities and thus be in line with Ambedkar's constitutional vision of liberty, equality, and fraternity.
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References
1. Anuradha Sharma, "Caste and Social Exclusion in Contemporary India" 30 Economic and Political Weekly 45-50 (2023).
2. B.R. Ambedkar, Annihilation of Caste 45 (Critical Quest, New Delhi, reprint edn., 2008). 3 Marc Galanter, Competing Equalities: Law and the Backward Classes in India 112 (Oxford University Press, Delhi, 1984).
3. M.P. Singh, Constitutional Law of India 112 (Eastern Book Company, Lucknow, 6th edn., 2021).
4. State of Punjab v. Davinder Singh, (2024) 7 SCC 1.
5. Eleanor Zelliot, From Untouchable to Dalit: Essays on the Ambedkar Movement 25 (Manohar Publishers, New Delhi, 1996).
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