Is reservation in India against right to equality?

So, basically it is clear that the ‘reservations’ or ‘quotas’ granted in India is based on their caste identities. The Government of India has the duty to ensure equality among its citizens. Reservation is considered as one of the key tools in controlling social oppression and injustice against certain classes.

In which right does the right to equality is being guaranteed by the Indian Constitution?

Article 14 guarantees equality before law as well as equal protection of the law to all people within the territory of India. This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances.

What guaranteed the right to equality?

Right to equality given under article 14 of Indian law. it is one of the fundamental right. It ensure the guarantees to every person the right to equality before law & equal protection of the laws . it is not only right of Indian citizens but also right of non-citizens .

Is reservation against right to equality Quora?

Originally Answered: Is reservation in India against the right to equality guaranteed by the constitution? No, it is not .

Does reservation violate Article 14?

Thus, arbitrary denial of reservation in promotion is a violation of the right to equality under Article 14, which says, “The state shall not deny to any person equality before the law and equal protection of laws…” Therefore, reservation in public employment and reservation in promotion is a fundamental right under …

What is right to equality in India?

The Right to equality means the absence of legal discrimination only on grounds of caste, race, religion, sex, and place of birth and ensures equal rights to all citizens. It is considered basic feature of the Indian Constitution. The Right to equality is both a positive equality as well as a negative right.

How does the Indian Constitution ensure equality?

The Indian Constitution has granted the Right to justice and equality to all the citizens of the country. According to the Constitution, no person can be indiscriminated on the basis of caste, religion, class or gender. All people are equal before law.

How does the Constitution of India promote equality?

The Constitution provides that all citizens are equal before the law. There can be no discrimination based on a citizen’s caste, sex, religious belief or place of birth etc. No one can practice untouchably in matters relating to access to places of religious worship or other public places like wells for drinking water.

Which one of the following has been made punishable by the Constitution of India?

Answer: c) Practice of Untouchability is the answer to the question.

Is reservation violation of right to equality Upsc?

However, the Supreme Court pointed that a writ petition under Article 32 of the Constitution can be filed only in case of violation of fundamental rights. The Court observed that the Right to Reservation is not a fundamental right. Earlier, the Court had ruled that reservation in promotion is not a fundamental right.

Is reservation a violation of the right to equality?

When contrast with the notion of equality, it seems to a layman, that it is an arbitrary exercise of power and violative of the right to equality. In India the issue of reservation is not only a constitutional talk but also it generates political nature.

Why is reservation in the Constitution against the law?

In nutshell, reservation is not against the Constitution. the equality you are talking about is just a legal or juridic equality, which doesn’t take into account justice. Secondly, the Constitution itself provides for reservation policy in favor of certain sections (Article 15 (4), 15 (5), 16 (3), 16 (4) ).

What is the percentage of reservation in government jobs in India?

Reservation in most states is at 50\%, but certain Indian states like Rajasthan have proposed a 68\% reservation that includes a 14\% reservation for forward castes in services and education. However, there are states laws that exceed this 50\% limit and these are under litigation in the Supreme Court.

What is the political nature of reservation in India?

In India the issue of reservation is not only a constitutional talk but also it generates political nature. Nowadays it is understood, to a common man, a key to success i.e. through which a person can achieve what he cannot if he remains a candidate of non-reserved category