Reservation in Private Sector
242/AK Only Copy
RESERVATION IN PRIVATE SECTOR
“Reservation is against the fundamental principles of humanity, it is against the dictates of reason that a man should by reason of birth be denied or given extra privileges."
-Mahatma Gandhi-
INTRODUCTION
1. Constitution of India. The Preamble of the constitution of India embodies the resolve of the people of India to secure for all citizens: “Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; to promote among them all Fraternity assuring the dignity of the Individual and the unity of the Nation”. One of the seven categories of broad Fundamental Rights guaranteed in the constitution is the right to equality including equality before the law, prohibition of discrimination on the grounds of religion, race, race, caste, sex or place of birth, and equality of opportunity in matters of employment. However, it is declared in the Directive Principles of the State Policy that “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Schedule Castes and Scheduled Tribes, and shall protect them from social injustice and all form of exploitation”. Further Article 15(4) of the Constitution provides that “Nothing in Article 15 or 29(2)….. shall prevent the State from making any special provisions for the advancement of any socially and educationally backward classes of citizens or for the Schedule Caste and Schedule Tribes”. Also, Article 16 (40 of the constitution permits the state to make “any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the State”. Thus, the Constitution prescribes certain protection and safeguards for the Scheduled Castes, the Scheduled Tribes and other backward classes
RESERVATION IN PRIVATE SECTOR
“Reservation is against the fundamental principles of humanity, it is against the dictates of reason that a man should by reason of birth be denied or given extra privileges."
-Mahatma Gandhi-
INTRODUCTION
1. Constitution of India. The Preamble of the constitution of India embodies the resolve of the people of India to secure for all citizens: “Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; to promote among them all Fraternity assuring the dignity of the Individual and the unity of the Nation”. One of the seven categories of broad Fundamental Rights guaranteed in the constitution is the right to equality including equality before the law, prohibition of discrimination on the grounds of religion, race, race, caste, sex or place of birth, and equality of opportunity in matters of employment. However, it is declared in the Directive Principles of the State Policy that “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Schedule Castes and Scheduled Tribes, and shall protect them from social injustice and all form of exploitation”. Further Article 15(4) of the Constitution provides that “Nothing in Article 15 or 29(2)….. shall prevent the State from making any special provisions for the advancement of any socially and educationally backward classes of citizens or for the Schedule Caste and Schedule Tribes”. Also, Article 16 (40 of the constitution permits the state to make “any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the State”. Thus, the Constitution prescribes certain protection and safeguards for the Scheduled Castes, the Scheduled Tribes and other backward classes