FROM UPLIFTMENT TO CONTENTION: A LEGAL ANALYSIS OF RESERVATION AND EQUALITY IN INDIA

ABSTRACT The reservation system, which is a long-standing practice leveraged by the Indian society’s lower caste strata, has also been an argumentative topic in an extended area around constitutional law. This system was formulated to uplift the communities that constituted the said lower strata of the Indian caste system. This system underwent significant changes over time, expanding in scope, criteria, and implementation to address evolving social, economic, and political dynamics. From being ‘toothless’ to developing teeth, the law around the reservation and safeguards for the ‘oppressed’ had become more stringent with time. This research paper offers insight into the development of the law surrounding reservations and its contribution to the upliftment of lower castes in Indian society, including the judicial interpretations and the constitutional basis for reservations. Also, keeping in mind the recent policies implemented in consideration of the EWS reservation. This research provides insight into both the progress made and the challenges encountered. This research paper ends with giving suggestions for keeping a timely look for the need for policies to ensure equality before other communities, and which is constitutionally fair for both. Keywords – Reservation Policy, Caste Discrimination, Scheduled Castes and Tribes (SC/ST), Affirmative Action, Equality before Law (Article 14), Social Justice, Constitutional Law of India etc.