RESEARCH PROPOSAL.

RESERVATION IN EDUCATIONAL INSTITUTIONS

A proposal made by ASHISH KUMAR PANDEY, roll number1520 of class BA LLB.

Proposal Submitted to:- Prof. Dr. ANIRUDH PRASAD.

A research proposal submitted in partial fulfillment of the course Constitutional Law-I for
attaining the degree of BA.LLB.

August, 2018.

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR, PATNA-

800001.

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Contents
1. INTRODUCTION.......................................................................................................................3

2. RESERVATIONS: Their Different Shades..................................................................................8

3. Provision of Preferential Treatment...........................................................................................13

4. Conclusion.................................................................................................................................17

Bibliography..................................................................................................................................19

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 1. INTRODUCTION
OBJECTIVES.

 To study the basis of reservation in India.

 To study the impact of reservation in India.
 To study the recent development in reservation policy of India.

HYPOTHESIS.

1.) Present system of reservation is only benefitting poor minorities of a particular caste.
2.) That reservation must be on the economic basis.

RESEARCH METHODOLOGY.

The research method upon which the researcher has relied upon is:-

 Doctrional research:- Doctrional research is concerned with legal prepositions and

doctrines. It is research into the law and legal concepts.

SOURCES OF DATA.

Datas collected for the purpose of this particular research is from both primary and secondary
sources.

 Primary Source:- A primary source provides direct or firsthand evidence about an event,
object, person, or work of art. It includes historical and legal documents, eyewitness
accounts, statistical datas. For this proposal the researcher has taken into account
enactments, legislations and Constitution of India.
 Secondary Source:- Secondary sources describe, discuss, interpret, comment upon,
analyse, evaluate, summarise, and process primary sources. It includes newspaper,

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 magazines and books. For the proposal, the researcher has taken into account books,
magazines and journals.

REVIEW OF LITERATURE.

The different books and sites referred while making this research proposal are:-

 Constitution of India, M.P. Jain

 Constitution of India, V.N. Shukla
 www.lawyersclubindia.com
 http://www.lawteacher.net
 http://www.lectlaw.com

LIMITATIONS OF RESEARCH.

 Time:- The paucity of time was a major drawback while making this project.

SCOPE OF THE STUDY.

 To find out the role of reservation in educational institutions.

 To find out the recent judgements and guidelines of the apex court.

Background Story

Inequality is inherent in the genes of individuals. No two persons carry the same capabilities,
capacities within themselves. If we extrapolate this fact to the level of society we can easily
visualize that society's component units are always unequal. As civilization progressed the
society evolved at two levels. First was the technical level which further brought into focus
differences between various operating groups within the society. Secondly and at the same time
the society developed at intellectual and spiritual level. From this aspect of development society
developed a dream of such mankind as would fit in the concept of an egalitarian society which is
just, both at social and economic levels.

Immediately after the independence in order to give shape to the democratic aspirations of the
people of India a constituent assembly was set up. The basic task of the constituent assembly was

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to draft the constitution but also at the same tune address itself to the problem of safeguarding
the interest of minorities and such classes of people who deserved special treatment for their
upliftment. Dr. B.R. Ambedkar was the chairman of drafting committee of the constituent
assembly and played a major role in framing of the constitution. Separate electorates already
existed during the British rule. The social scientist in Ambedkar had views which were
ideologically more akin to Marxist frame of society with class struggle going on intermittently
under the caste facade Ambedkar sought to identify the class interest of the untouchables and he
claimed that under the garb of religion the caste Hindus exploited them. Much before being
associated with the process of drafting the constitution, he had made class-caste identify a
political issue. Hence it was a natural extrapolation of his views that he put forth the claim on
behalf of the untouchables for constitutional safeguards to enable them to have due share in the
political power of the country. He always maintained - that as a political problem this issue had
to be resolved through political means.

PANDIT JAWAHARLAL Nerhu advocated, as far back as 1947, that if the universities discharge
their duties adequately then "it is well with the nation and the people". Every educational
institution has to maintain certain standard of education. It is this standard which determines the
level of prosperity, welfare and security of people. It is also inter-linked with the development of
nation in general. It has been reported that India is one of those countries which has probably the
largest education system in the world, having 218 universities, including twelve central
universities, over 7500 colleges with 4.6 million students and also further 4.5 per cent annual
increase in its student population. Thus the temples of higher learning in India have not only
increased in their numbers but also expanded in terms of student population. But the education
commissions and committees have by and large painted a gloomy picture of their educational
standards. It has also been reported that one of the causes of this poor output has been that "the
merit has been given the goby in the admission" due to the increasing "percentage of
reservations". The present paper makes an attempt to find out the reality or myth in this regard.

In the constitutional field of education the broad objective is "to promote freedom, progress and
equal opportunity" for all Indians. The state is under the constitutional obligation to secure to the
people of India, the right to education. But the unfortunate part was that the state hardly moved
in this direction and it was the judiciary who had to take initiative to see that the state rises from

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hibernation. A fundamental right to education was given a place by the judiciary under part III of
the Constitution of India. The second fundamental right, which was mostly availed in the area of
reservation, was the right to equality in educational institutions. To these claims of fundamental
rights, article 51 A was added to provide correlative fundamental duties which include to respect
the ideals of the Constitution, to follow the noble ideals which inspired the freedom struggle, to
promote harmony and the spirit of common brotherhood amongst all the people of India, and last
but not the least, to strive towards excellence in all spheres of individual and collective activities.
The discussion cannot stop here. There is the provision of centre-state relationship in the field of
education. It started with state's exclusive power except in the matters allotted to Parliament. But
later on the exclusive power was transferred to the concurrent power where both the state
legislature and Parliament or either of them may legislate on education matter. The present study
highlights the directions of the constitutional vision of the last fifty years in the present field of
reservations.

The educational institutions, in order to maintain their standard and reputation, take the best
talent. However it is subject to article 29(2) which imposes a limitation that no citizen shall be
denied admission into any educational institution either maintained by the state or receiving aid
out of state funds on the ground only of religion, race, caste, language or any of them. One finds
here the philosophy that the doors of temple of learning will be kept ajar for every eligible
candidate. But the practice has not been so with many institutes of higher learning. They have
made special lanes for constitutionally favoured candidates and also for certain other categories
ito enter into the universities/colleges, bypassing the rigid eligibility requirements and/or tests.

There are reservations prescribed by the government and there are reservations created by the
educational institutions themselves. Some have been adopted under the constitutional umbrella,
some to satisfy the aspirations of the bureaucrats, some have been made as a vote catching
device, a few are introduced to appease the agitators or those who are on 'fast unto death'. The
regional balance, university's own students, wards, government's nominee are some of the other
categories for whom reservations are made.

The present paper critically evaluates the reservation policy; it's necessity, constitutional
permissibility, impact on the standard of higher education and also societal response. A study is
also undertaken on the role of the government and the educational institutions. The reservations

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at time are manipulated or mismanaged. The paper attempts to find the responsible
authority/person who is accountable for playing fraud with the rights of meritorious.
Reservations and reservation policy has attracted large number of litigations before the Supreme
Court and high courts. The leading judgments of last fifty years have been critically examined
and, wherever necessary, suggestions are offered so that the educational standard is not bartered
with mediocrity in the name of protective discrimination.

2. RESERVATIONS: Their Different Shades

The scheduled castes and scheduled tribes

The scheduled castes and scheduled tribes (hereafter referred as SC/ST) have been considered as
the most under-privileged class of the Indian society. The Constitution of India, in order to offset
and compensate their plight, provided special provisions in their favour. There are special
provisions for SC/ST in services and legislative bodies and special favour is given to them for
preferential entry into the educational institution. On the contrary, article 29 (2) read with article
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15 (1) prohibits any discrimination on grounds, inter alia, of caste in admission into any
educational institution maintained by the state or receiving aid out of state funds. The Supreme
Court of India1, in view of the above provisions, set aside reservation in admission to the
educational institution on the community basis. In order to do away with the present
constitutional hurdle, article 15 was amended by the Constitution (First Amendment) Act, 1951
and article 15 (4) was introduced to the effect that notwithstanding the prohibitions in articles 15
(1) and 29 (2), the state may make special provision for the advancement of any socially and
educationally backward class of citizens or for the SC/ST. It may be pointed out that article 15
(4) was initially treated as an exception to article 15 (1) and, rightly so in the light of scheme of
articles under part III of the Constitution of India. But an over generous and liberalised judicial
approach has given it the label of an enabling article.2

In this connection two points deserve our careful attention. Firstly, the reservation in services in
the state provided in article 335 is subject to one condition that, it shall be consistent "with the
maintenance of efficiency oi administration"3; whereas no corresponding provision exists under
article 15(4). This may mean that reservation may be made at the cost of standard in higher
education, and therefore, it is suggested that necessary amendment in this regard be made so that
the educational standard is not compromised oi jeopardised in the name of compensatory
discrimination. Secondly, the reservation in this regard has been continuing even after more
thanfivedecades of the commencement of Constitution of India. The intention of the Constituent
Assembly4, it is submitted, was clearly not to allow an indefinite continuation of the aforesaid
privileges beyond the prescribed period.

Immediately after the independence in order to give shape to the democratic aspirations of the
people of India a constituent assembly was set up. The basic task of the constituent assembly was
to draft the constitution but also at the same tune address itself to the problem of safeguarding
the interest of minorities and such classes of people who deserved special treatment for their
upliftment. Dr. B.R. Ambedkar was the chairman of drafting committee of the constituent

11. State of Madras v. Chatnpakam Dorairajan , AIR 1951 SC 226.

22. Nivedita v. State, AIR 1981 MP 129; Anand Kumar v. State, AIR 1981 Pat. 164; Amalendi Kutnar v. State ofBifiar, AIR 1980 Pat.l(F.B.).

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assembly and played a major role in framing of the constitution. Separate electorates already
existed during the British rule. The social scientist in Ambedkar had views which were
ideologically more akin to Marxist frame of society with class struggle going on intermittently
under the caste facade Ambedkar sought to identify the class interest of the untouchables and he
claimed that under the garb of religion the caste Hindus exploited them. Much before being
associated with the process of drafting the constitution, he had made class-caste identify a
political issue. Hence it was a natural extrapolation of his views that he put forth the claim on
behalf of the untouchables for constitutional safeguards to enable them to have due share in the
political power of the country. He always maintained - that as a political problem this issue had
to be resolved through political means.

Thus in the new set up in India Ambedkar’s approach was more for reaching in respect of his
thrust than the policy safeguards. It was just not the policy of seeking more seats for the
depressed classes in India; it was an opportunity of constitution-making through which problems
of depressed classes in India could be solved in a more enduring basis. It would be pertinent to
mention that Ambedkar did not want to use the constitutional means in perpetuity but he
visualised that in future these classes would he amalgamated and become indistinguishable from
the mainstream of Hindu society.

Dr. Ambedkar’s address to tire Constituent Assembly is relevant in this context “On the social
plane we have in India a society based on privilege of graded inequality which means elevation
for some and degradation of others. On the economic plane, we have a society in which there are
some who have immense wealth as against many who are living in abject poverty. On the 26th
January 1950, we are going to enter into this life of contradictions. In political sphere we will
have equality and in social and economic spheres we will have inequality. We must remove this
contradiction at the earliest possible moment or else those who suffer from inequality will blow
up the structure of political democracy which this Assembly has so laboriously built up”.

In the beginning the constituent assembly favoured abolition of separate electorates but there was
reservation of seats for minorities for a fixed period. But then the drafting committee accepted
the recommendations of minorities sub-committee (1947) which had said that a system of
reservation of seats for recognised minorities for a period of ten years for reservation of seats in
union legislature for the minorities. The issue was re-examined due to the partition of the country

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and in May 1949 a proposal was moved in Advisory Committee that a system of reservation of
seats for minorities in legislature be abolished. At this stage though the Muslim members
welcomed it, the representative of Scheduled Caste put forward the plea that as they were
backward the system of reservation would help in safeguarding their interests and facilitate their
advancement. A resolution was passed stating that a system of reservation of minority other than
scheduled castes in the legislature be abolished. Thus constitution provided reservation for seats
for scheduled castes and schedule tribes in the legislature for a period of ten years. Part XVI of
the constitution (Article 332, 342) which deals with special provision herald a new era in the
political and constitutional life. The scheme of political safeguard that emerged achieved the
twin objective of preserving secular character of our polity and at the same time provided for
same treatment/protection for scheduled castes and schedule tribes. This protection/treatment
was for a time fixed for ten years and for that period the claim of these groups for such a special
treatment is incontrovertible. It is another matter that reservation as a policy has continued much
beyond the period it was initially provided for by the constitution makers.

The Preamble to the Constitution of India expresses the solemn resolve to secure to ail citizens
equality of status and opportunity’. The chapter on Fundamental Rights guarantees the citizens
many rights which ensure equality of opportunity and status. Here we are specifically concerned
with those articles of the Constitution which embody the principle of non - discrimination in
general and public employment in particular. Article 15(1) of the Constitution states that. “The
state shall not discriminate against any citizen on ground only of religion race caste, sex, place of
birth or any of them”. Under cultural and educational rights Article 29 (2) states that “no citizen
shall be denied admission into any educational institution maintained by the state or receiving aid
out of the state funds on ground only of religion, race, caste, language or any of them” However
article 15 (4) gives special powers to the State by stipulating that “Nothing in this article or
clause (2) of article 29 shall prevent the State from making any special provision for die
advancement of any socially and educationally backward classes of citizens or for the scheduled
castes and the Scheduled Tribes". These general principles are then applied to more specified
areas, one of them being public employment Article 16(1) states that "There shall be equality of
opportunity for all citizens in matters relating to employment or appointment to any office under
the state" This is a positive guarantee against discrimination in regard to public employment.

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It has been stated negatively in Article 16(2). “No citizen shall on grounds only of religion race,
caste, sex descent place of birth., residence or any of them the ineligible for an discriminated
against in respect of any employment on office under the state".

Article 16(4) also provides an exception to the general principle of non discrimination in matters
relating to employment or appointment to any office under the State embodied in article 16(2). It
states: “Nothing in this article shall prevent the state from making any provision for the
reservation of appointments or posts in favour of any backward class of citizen which in the
opinion of the State is not adequately represented in the services under the state.” Article 335 of
the Constitution is another exception to article 16(2). It reads “The claims of the members of the
scheduled castes and Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration in, the making of appointment to services and posts
in connection with the affairs of the Union or of a State.” The relationship between these
provisions remains somewhat obscure. Article 335 is confined to scheduled castes and Scheduled
Tribes while Article 16(4) extends to all backward classes': Article 335 seems to include any
method of preference while Article 16(4) is confined to reservation. Finally Article 320 (4)
provides that nothing in clause (3) shall require a Public Service Commission to be consulted as
respects the manner in which any provisions referred to in clause (4) of Article 16 may be made
or as respects the manners in which effect may be given to the provisions of Article 355. Article
16(4) is confined specifically to the field of government employment while Article 15(4) applies
to the state in all of its dealings. Thus the area of employment, offices and appointments under
the state is controlled by Article 16 alone and preference within this area must be within the
scope of Article 16(4). This includes judicial offices as well as administrative posts but not
elective offices. The authorization to establish preference in employment is not confined only to
posts directly under the State. Where the State acts as an employment agency for a state aided
school it may make such preference a condition of the aid. The situation in regard to public
sector enterprises is far from clear.

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 3. Provision of Preferential Treatment

Subsequently, government lawyers advised that the constitutional provisions for reservations
were not applicable in the sense that public sector enterprises were not constitutionally obliged to
have a policy of reservation, yet it was open to them to make reservation and it was open to the
government to direct them to do so.

Article 16(4) covers not only preference in initial recruitment into government services but also
preferences in promotions within the service. After some hesitation in 1961 the Supreme Court
reluctantly held that die ‘post’ referred to in Article 16(4) included promotion as well as initial

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appointment but indicated that the preference permissible under Article 16(4) would not extend
to other aspects of employment covered by Article 16(1) and (2) for example salary, increment,
pension etc. by die doctrine of equality of opportunity as they do not form part of die subject
matter of Article 16(4). The dissenting judges argued that die reservation was limited to securing
adequacy of quantitative representation in the posts of higher grades. In the case of Rangachari,
the court had pointed to the language of article 335, requiring die State to take into account the
efficiency of die services in making provisions for scheduled castes and Scheduled Tribes, and
declared the necessity of striking a reasonable balance between the claims of these classes and
efficiency of the services. In one case (Balaji) die court emphasized that the public interest in the
efficiency of government services sets limits to reservation in promotions putting outside die
scope of article 16(4) any 'unreasonable, excessive or extravagant reservations’ for that would,
by eliminating general competition in a large field and by creating widespread dissatisfaction
among the employees, materially affect efficiency. Thus the court gave notice that it would
carefully scrutinize reasonableness of reservations in the area of promotions. This came to pass
in the Devdasan case where the court invalidated reservation because of its unreasonable extent.
Both the Rangachari and Devadasan cases involved promotional preference to scheduled castes
and Scheduled Tribes.

The wording ‘any provision’ in Article 15(4) gives the State a great leeway in prescribing the
method of operation of schemes for preference. Governmental agencies have invoked a wide
variety of devices for the purpose of conferring advantages on backward groups. Reservation has
implied not merely setting aside reserved places, but also such preferential rules of recruitment
as waiver of age requirement, of application fees, and of minimum educational qualification
presenting lower minimum of qualifying marks and special assistance and training in preparation
for competitive examinations.

It can be asked whether such practices are covered by the authorization of Article 16(4) that the
state can make “any provision for the reservation of government posts.” It has been argued that
fixing a lower minimum level of successful marks in a competitive examination is outside the
power of the State since it is not "Reservation in any sense of the term under Article 16(4).
However, such devices would appear to be included within the constitutional authorization while
Article 16(4) confirms the state to use methods of reservation it is clear that Article 16(4)

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empowers the state to determine the precise method to the adopted in effectuating the reservation
unless it included permission for special rules of recruitment the provision for reservation would
be meaningless; for it would merely mean that those who are otherwise qualified would be
entitled to that under Article 16(1).

Reservation may be used to implement Article 15 (4) but the government may employ methods
such as fee concessions scholarships special facilities (housing medical etc) which do not involve
reservation at all.

The framers of the constitution were conscious of the backwardness of a large section of the
population. It was clear that because of their backwardness these sections of the population
would not be in a position to compete with the advanced sections which had all the advantage of
so called influence and better education. The fact that the doors of competition were open to
them would have been a poor consolation to the members of the backward classes because the
chances of their success in the competition were far too remote on account of the inherent
handicap and disadvantage from which they suffered. The result would have been that leaving
aside some exceptional cases, the members of the backward classes would have hardly got any
representation in jobs requiring educational background. It would have thus resulted in virtually
keeping out those who were already depressed. The framers of the constitution being conscious
of the above disadvantages from which the backward classes suffered enjoined upon the State in
Article 46 of the constitution to promote with special care the educational and economic interests
of the weaker sections of the people, in particular of the Scheduled Caste and Scheduled Tribes
and also protect them from social injustice and all forms of exploitation.

The condition precedent to the exercise of the power conferred by Article 16(4) is that the state
ought to be satisfied that any backward class of citizens is not adequately represented in its
services. This precedent condition may refer either to the numerical inadequacy of representation
in the service or even to the qualitative inadequacy of representation.

However the constitution did not give any specific definition of backward classes including
scheduled castes and scheduled tribes and left it to the Centre and the States to identify the castes
and tribes to be declared as scheduled or backward.

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From the provisions of the constitution discussed above it is clear that the constituent assembly
made appraisal of communal representation in the government. This was done immediately after
independence. With regard to the issue of Reservation in services the Constituent Assembly was
vacillate but it ultimately decided for reservation to scheduled castes and Scheduled Tribes for a
period of ten years. B.R. Ambedkar while defending the policy of Reservation had stated that it
reconciled three points of view. Firstly, there shall be equality of opportunity. The second view
was that if this principle is to be operative there ought to the no reservation of any sort and
thirdly while the above two are essential for administration there is a massive need to make
provision for the entry of certain communities which have so far been outside the adminstration.
Thus the constitution while adopting the general priniciple of non-discrimination based on caste,
religion etc., has made exception in so far as scheduled castes and Scheduled Tribes are
concerned.

The nomenclature "scheduled castes" is of recent origin Scheduled caste category was for those
groups of Hindu society who were suffering from the stigma of untouchability and an extremely
low social status; the group which suffered from severe disabilities and deprivation in the
political, social economic and cultural spheres of life. In the first quarter of the twentieth century
it became an issue in the political field as also differences arose among academicians about the
percentage of population of Hindus who suffered from untouchability. Early writers claimed that
untouchables were around 50 million or approximately 24% of Hindu population. The 1911
census put it at 16% of the total population of India. The Hartog Commission in 1928 assessed it
as 29.76 millions.

The constitution makers did not give a connotative definition of untouchability. Article 341
clause 10 of the Constitution laid down that "the President may with respect to any State or U.T,
and where it is a State, after consultation with Governor thereof, by public notification specify
the castes, races or tribes or parts of groups within castes, races or tribes which shall for the
purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union
Territory as the case may be.” Article 341 clause 2 gives Parliament the authority to modify the
Constitution as and when it deems necessary.

Thus we see that identification of scheduled castes and Scheduled Tribes and backward class has
continued in India without the benefit of proper definition since the constitution has not defined

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them. The basic parameter usually used is untouchability along with incidence of social disability
and other criterion like economic, occupational, educational, residential and religious test. The
result of all this has been that the list of caste/ tribe/ backward class has become quite exhaustive
for the views of Parliament to prevail in this matter. The silver lining in the scenario has been
that in spite of the absence of definitive criteria, the list have remained stable for more than 30
years. This statement has been made keeping in view the huge size of the population in the
country. There is also an opposite view that though the list have been stable for past 30 years but
a lot of changes have taken place either in the form of addition or deletion or restrictions of
distinctive or generic names. It also occurs that the same caste designated by district or regions
within a State may be scheduled in one State but not so in an adjoining State. In case of
horizontal mobility of such caste from the State of non-reservation to a State of reservation, the
ministry of law has opined that each case will have to be decided on its fact.

4. Conclusion
With regard to scheduled tribes historically speaking the British attempted to protect them,
‘aboriginal people’ by insulating them from the ambit of day to day administration. Thus these
areas during British rule were where the tribal lived under loose executive power of the Empire
and then our system of self governance continued. In the government of India act 1935 it was for
the first time that representation for Backward tribe was provided in the reformed provincial

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legislatures. The Indian Constitution in a way cemented further the administrative sentiments of
the British.

Though the notion is that these groups are identified by tribal characteristics but it is difficult to
draw a line between tribals and nontribal. The tribal characteristics were mainly defined by
habitat and geographical in location. But other characteristics like social, religious linguistic and
cultural distinctiveness also play a part. The policy with regard to Scheduled Tribe and its
execution are more complex as compared to that of scheduled castes because complete
assimilation in the main stream is not the aim of reservation.

With regard to backward classes the problem assumed a new dimension because of the massive
socio-economic dimension after independence and resultant change in the perception regarding
equality. The classes excluded in the past started pressing for greater share is power. This area of
reservation has remained volatile. Hence, the perusal of the view of the Constituent Assembly
became important. The constitution makers wanted to make it clear that Backward class people
are those who are socially and educationally backward and whose representation in services in
very inadequate. They did not at any stage mean that benefit of being socially and educationally
backward class must go to backward castes. The constitution views can be summarised as
follows

a) A class of citizen can be termed as socially and educationally backward if it is suffering

from the culture of poverty.
b) This class is not adequately represented in the services under the state that is
backwardness is linked with under-representation in services.

The problem of reservation in favour of backward clans need a review in view of the decision of
V.P.Singh government to implement Mandal Commission report and in view of the decision of
the full bench of the Supreme Court in Mandal case which needs identification of the creamy
layer. The identification should be done by an independent body with judicial background at the
central level since at the state level the presence 'of caste groups is very acute. A political
conscience is to be aroused and an ultimate aim should be to gradually reduce the emphasis on
caste factor in reservation process. Will the report of Justice R.N. Prasad Committee succeed in
this direction? Perhaps not, it only provides an exclusion principle by identifying the creamy
layer.

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At present there is an impeatime need for evolving a system of extending reservation to
backward and more backwards in order to target the most needy beneficiaries of reservation. The
objective should be to let benefits of reservation percolate down to the entire group and be not
confined to certain castes in the group. Every day, people of a new caste raise their head asking
for reservation. Irrespective of their social and economic situation, they blindly ask for
reservation and cause great harm to life and property by devastating public and private property.
Recently Rohtak of Haryana and Ahmedabad of Gujrat witnessed wrath of Gujjar and Patidars
respectively. Moreover, there are some castes who struggled to be upper caste before
independence only to cry after independence to be backward caste.

But what these upper caste people forget when they ask for abolition of reservation the duration
and the atrocities through which the people of Schedules Castes, Schedule Tribes and Backward
Castes lived for about 2 millennia.

Bibliography
Books

 Bakshi, P.M: The Constitution of India, Universal Publications, NewDelhi, 2005.

(Retrieved on 31st August, 2018)
 Jain, M.P: Indian Constitutional Law, Wadhwa & Co, Nagpur, 2005 (Retrieved on 31 st
August, 2018)

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 Pandey, J.N: Constitutional Law of India, Central Law Agency, Allahabad, 2007.
(Retrieved on 31st August, 2018)
 Shukla, V.N: Constitution of India, Eastern Book Co. Lucknow, 2007. (Retrieved on 31 st
August, 2018)

 Basu, Durga Das: Introduction to the Constitution of India, 22 th ed., 2015, Prentice Hall
Publishing, New Delhi (Retrieved on 31st August, 2018)

 Dr. Subhash C. Kashyap, Constitution of India, 2 nd ed., 2004, Universal law publishing
co., Delhi (Retrieved on 31st August, 2018)

 H.M. Seervai, Constitutional law of India, 4 th ed., Vol. 1, Universal law publishing co.,
Delhi (Retrieved on 31st August, 2018)

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