Constitutionality of Caste Based Reservations: Uncovering Loopholes and Inconsistencies by Shivank Verma & Nitish Dubey

Shivank Verma & Nitish Dubey scrutinise the loopholes in India's current reservation policies. The authors explore the applicability of Article 14 to Article 341 and its notifications, revealing a theoretical aspect in the absence of specific parameters for Scheduled Caste designation. Subsequently, it draws distinctions between Scheduled Castes and Other Backward Classes, emphasising considerable overlapping criteria. Further, the authors also question the executive’s potential of caste designation as a colorable exercise of power, contradicting Article 341(2). Lastly, the authors contend that Article 16(4) reservation's test is not class backwardness but inadequate representation, often overlooked. The authors propose remedies to address these concerns and rectify existing reservation system lacunae.

CALJ Vol 8 Issue I_Nitish Dubey_Shivank Verma

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