Introduction

Reservation, also known as affirmative action, is a system that aims to provide equal opportunities to historically disadvantaged groups. This system is prevalent in several countries, notably India and the United States. This article explores whether reservation can be considered a constitutional right, drawing comparisons between the practices and legal frameworks in India and the United States.

Reservation in India

Reservation in India is not a constitutional right. It is an enabling provision under Article 16 of the Indian Constitution, which grants states the authority to make provisions for reservation in favor of any backward class of citizens. However, the Constitution does not confer upon an individual any fundamental right with respect to reservation.

To qualify for reservation, a comprehensive statistical basis must be established, indicating the inadequacy of representation for a particular class. Any affirmative action taken under this provision is not a fundamental right but rather a measure aimed at uplifting the marginalized sections of society.

However, some individuals or politicians may attempt to circumvent these constitutional requirements by lobbying for easier amendment. In reality, any reservation must adhere to constitutional standards and should not exceed a 50% ceiling limit as mandated by the Hon'ble Supreme Court's decision in the Indra Sawhney Judgment.

Reservation as a Constitutional Right in India

According to Article 330, reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) is recognized as a legal right and hence a constitutional right. However, reservation for Other Backward Classes (OBC) and economically poor individuals is considered progressive discrimination rather than a constitutional right. It is meant to provide adequate representation and promote development.

It is important to note that while reservation is a significant policy instrument, its implementation must be strictly adhered to and not viewed as a mere vote-winning strategy. The Constitution remains a protective and guiding document that sets the framework for such policies.

Affirmative Action in the United States

In the United States, the concept of reservation is more commonly referred to as affirmative action. Affirmative action is a set of laws, policies, guidelines, and administrative practices designed to address the disadvantage associated with past and present discrimination.

The impetus for affirmative action is twofold: to redress historical injustices and to ensure public institutions, such as universities, hospitals, and police forces, are reflective of the populations they serve. Unlike reservation, affirmative action often emphasizes diversity and representation rather than specific quotas.

Types of Constitutional Rights

There are two types of rights under the Constitution of India. All rights under the Constitution are collectively referred to as constitutional rights. These can be further classified as:

Fundamental Rights: These are the basic freedoms and liberties guaranteed to every citizen. Examples include the right to equality, freedom of speech and expression, and the right to education.

Legal Rights: These are rights that are enforceable by law but may not be categorically considered fundamental rights.

Reservation, while not a fundamental right, can be considered a form of positive discrimination aimed at ensuring social and educational upliftment. For certain historically disadvantaged groups, such as SCs and STs, reservation is a constitutional right as laid down in Article 330. For others, like OBC and economically poor individuals, it is seen as progressive discrimination aimed at ensuring adequate representation and development.

Concluding Thoughts

Reservation and affirmative action are powerful tools in promoting social equity and representation. Their implementation must be guided by constitutional principles and legislative frameworks. While these measures have been criticized and contested, they remain a critical aspect of efforts to address historical injustices and promote social mobility.