Reservation policy and judicial activism
- Delhi Kalpaz Publications 2006
- 359 p.
Reservation Policy is a matter of Politics while Judicial Activism is concerned with the interpersonal aspect of law when it assumes the role of social engineering. How these two converge and interact is a matter of concern for all who are interested in the affairs of polity.
The avowed objectives of Indian Constitution are Liberty, Equality and Justice. They are the rubrics of democracy. Equality and liberty are, in fact, facets of justice. Social justice demands that all classes of people should be treated on the basis of equality. But the tradition of homo hierarchies of Indian society is indeed a stum bling block on the road to achieve an egalitarian society.
This book tries to introduce the subject by defining reservation and tracing the circumstances leading to legal/constitutional recognition of pro tective discrimination. Concepts like equality and justice are examined in the socio-political con text.
It traces the origin and development of res ervation policy in India. Policies, when imple mented inevitably bring conflicting interests. Hence is the intervention of judiciary. With the help of case laws, analyses the judicial creativity towards rationalization of reservation and how legal mechanics helps judicial balancing of con flicting interests.
The book also gives valuable suggestions for formulating policies regarding the steps to be taken for maintaining social balance. Moreover the book may induce the discerning reader to ponder over the fate of reservation in the 'Informa tion Technology' era that emphasises not wealth in the form of land or money, but wealth in terms of 'knowledge'. Thus the book becomes a rel evant addition to literature of social policy.