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Reservation Policy and Equality under the Indian Constitution

Introduction

The Constitution of India is premised on the guarantee of equality, justice, and dignity for all citizens. The concept of equality, however, has always been contentious in the Indian context, given historical social stratification, entrenched discrimination, and unequal distribution of resources. It was in this scenario that the reservation policy was embraced as an instrument to be used with a view to attaining substantive equality. Rather than treating everyone alike, the Constitution acknowledges the fact that certain disadvantaged groups need special measures in order to enable them to enjoy equal opportunity. Thus, the relationship between reservation and equality reflects the balancing between formal equality and real or substantive equality, which is so essential in a socially diverse country like India.

The Idea of Equality in Indian Constitutional Philosophy

The Concept of Equality in Indian Constitutional Philosophy

1. The Constitutional Ethos

The Indian Constitution envisages an egalitarian society where no person is denied dignity, opportunity, and freedom. Articles 14, 15, and 16 are collectively the equality code and act as guiding lights of the constitutional vision.

2. Formal Equality: Equality in Law

Formal equality is about treating everyone the same, irrespective of socio-economic differences between individuals. The law, in that case, should treat everyone uniformly, without any distinction arising from caste, gender, religion, etc.

While formal equality is required, in a society with deep-seated inequalities it is not enough. Treating those who have suffered for centuries from exclusion and deprivation on an equal footing to those who historically enjoyed access and privilege will not produce fair results.

3. Substantive Equality: Equality in Outcomes and Opportunities

Substantive equality is the belief that not all unequal can be treated as equals. It recognizes that compensatory justice requires redressing the historical and structural burdens that disadvantage a group.

The Indian Constitution adopts this richer, more compassionate view. It recognizes that changes in society cannot be effected by mere prohibition of discrimination but require active intervention—hence, the creation of reservation policies.

 Historical Background: Why Reservation Became Necessary

The roots of India’s reservation policy lie in the oppressive reality of caste hierarchy. Historically, the caste system confined certain communities—especially Scheduled Castes and Scheduled Tribes—to degrading social and occupational roles. Educational institutions, temples, public spaces, and even sources of water were denied to them.

This systemic exclusion resulted in:

  • lack of access to education,

  • economic impoverishment,

  • denial of social dignity,

  • and underrepresentation in public life.

Reservations were thus conceptualized not merely as an employment or educational tool but as a social reform mechanism aimed at redistributing opportunities, shifting power structures, and restoring dignity to marginalized groups.

Constitutional Provisions on Reservation

The Constitution recognises that social inequality must be addressed through structured and legalised intervention. Therefore, several provisions allow for reservations and special measures.

1. Article 14 – Equality Before Law

Article 14 permits reasonable classification, allowing the State to treat different groups differently if justified by their circumstances. It forms the theoretical foundation for reservations.

2. Article 15 – Prohibition of Discrimination

  • Article 15(3): Special provisions for women and children.

  • Article 15(4): Special provisions for socially and educationally backward classes (SEBCs), SCs, and STs.

  • Article 15(5): Reservations in educational institutions including private ones (except minority institutions).

These provisions safeguard educational opportunities for disadvantaged groups.

3. Article 16 – Equality of Opportunity in Public Employment

  • Article 16(4): Reservation for backward classes underrepresented in State services.

  • Article 16(4A): Reservation in promotions for SCs and STs.

  • Article 16(4B): Carry-forward rule for unfilled reserved vacancies.

Together, they form the backbone of employment-based reservations.

4. Article 46 – Directive Principles

The Constitution directs the State to promote the economic and educational interests of weaker sections and protect them from exploitation.

5. 103rd Constitutional Amendment (2019)

This amendment introduced 10% reservation for Economically Weaker Sections (EWS), expanding the scope beyond social backwardness to economic disadvantage.

These provisions collectively create a sensitive and dynamic legal framework designed to uplift historically marginalized groups.

Judicial Contribution: Evolution of Equality and Reservation

The Supreme Court has played a decisive role in shaping reservation policy through landmark judgments.

1. State of Madras v. Champakam Dorairajan (1951)

The Court struck down caste-based reservation in education, leading to the First Constitutional Amendment inserting Article 15(4).

2. Janhit Abhiyan Case (2022)

The Supreme Court upheld the 10% EWS quota, validating economic criteria as a legitimate basis for affirmative action.

Conclusion

Reservation policy and equality under the Indian Constitution together form a sophisticated framework aimed at creating an inclusive and just society. The Constitution does not treat equality as uniform treatment alone but adopts a substantive understanding of equality, which recognizes that special provisions for such historically oppressed communities are fundamental. Through Articles 15 and 16, and through decades of judicial interpretation, reservation has been integrated into the constitutional idea of justice, fairness, and social transformation.

While challenges persist, the policy nonetheless remains an important means of redressing problems of equity, representation, and inclusive growth. For a society structurally mired in inequality, reservations are not a privilege but a necessary tool to realize the constitutional vision of equality, dignity, and social justice for all its citizens. The future of the reservation policy is not in scrapping it but in refining it by better implementation, periodic review, and complementary measures aimed at empowering the weakest sections of society.

 

Adv. Bhargavi Rajurkar
Adv. Bhargavi Rajurkar
I am a LLM (corporate law) student. My career goals is to specialize in corporate law, compliance, and regulatory practice while continuing to develop as well round legal professional Skill : Article Writing, communication
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