Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law PDF Download
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Author: Asang Wankhede
Publisher: Taylor & Francis
ISBN: 1000655229
Category : Law
Languages : en
Pages : 162
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Book Description
This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.
Author: Asang Wankhede
Publisher: Taylor & Francis
ISBN: 1000655229
Category : Law
Languages : en
Pages : 162
Get Book Here
Book Description
This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.
Author: Zoya Hasan
Publisher: Oxford University Press
ISBN: 0199088667
Category : Political Science
Languages : en
Pages : 382
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Book Description
Post-Mandal, the demand for reservations by various groups has become a consistent feature of Indian politics. Yet, the focus remains on caste, with little attention paid to the under-representation of religious minorities in India. The book takes up the case of relative disadvantage and interogates the multiple and overlapping dimensions of deprivation. Hasan argues that, in view of the comparative evidence avaiable, presently excluded and disadvantaged groups should also qualify for affirmative action. This book will interest students and scholars of Indian politics, sociology, and history.
Author: Gangeshwar Prasad Tripathi
Publisher:
ISBN: 9789387839007
Category : Affirmative action programs
Languages : en
Pages : 1123
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Book Description
Author: S C Gupta
Publisher: Arihant Publications India limited
ISBN: 9313160285
Category :
Languages : en
Pages : 483
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Book Description
151, that’s Not at all the Number of Essays covered in the Bestselling Book, Penned by Renowned Author Mr. S C Gupta, 151 Essays is a Complete Guide to help students learn the art of essay writing through More than 160 Essays covering the panoramic view of topics on Contemporary, Social, Environmental, Political, Education, Economic, Science & Technology, International, Personalities, Proverbial & Idiomatic, Sports and Many More The Book starts with a focus on developing the craft of essay writing which needs detailed knowledge of the topic, discipline of mind, analytical skills to draw a conclusion, rich vocabulary to express the thoughts, grammatical accuracy and coherence of thoughts and ideas for contextual writing. The Book is divided in 2 Major Parts, the first part prepares you to know-how of the Essay Writing be it Understanding an Essay, Part of an Essay, Steps to write an effective and Interesting Essay and Essay Sketching Techniques. the Second Part Contains All the Latest and Updated Topics from all the Field of life i.e. GST, Digital India, NET Neutrality, Black Money, Drone Technology, Juvenile Justice Act 1925, Social Networking Sites, Honor Killing, Electoral Reforms and Indian Democracy, FDI Effect on Retail Stores, Role of Agriculture in Economic Reform, Indian Civil Nuclear Strategy, Terrorism In India & It’s Changing Face, Global Climate Change, Students & Politics, Right to Education, Kalpana Chawla, Narendra Modi, Sunder Pichai, IPL, Sports is it Loosing it’s Integrity, Habit- a Good Servant but a Bad Master, Communication face to face or Facebook and Many burning and Important Topics. While these are important and Critical Topics Author has put a clear and easy language to Understand, Vocab Cards to understand difficult words, Latest and Updated Data to understand actual status Essays Plays an important role in competitive exams hence it’s a must have book for all aspirants.
Author: Marc Galanter
Publisher: Oxford University Press, USA
ISBN: 9780195699524
Category : Law
Languages : en
Pages : 440
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Book Description
This is the third edition of a painstakingly researched and remarkably comprehensive book on the Indian experiment with constitutionally sanctioned policies of preferential treatment/ compensatory discrimination/ affirmative action on behalf of the historically oppressed and excluded castes and classes of the country. The policies were meant originally to be transitional arrangements, the nation's ultimate goal being the establishment of a casteless and classless society. The way things turned out however, both caste and class have remained deeply entrenched as legal, administrative, political, and social realities. The book traces the pre - independence history of the developing concern for the 'depressed classes' in the first part of the twentieth century, the debates in the Constituent Assembly, and goes on to a critical analysis of the first thirty years of the constitutional regime of preferential treatment for identified beneficiaries - Scheduled Castes/ Scheduled Tribes/ other Backward Classes - in the fields of legislative representation, employment, education, and government service. The book's special emphasis is on the role of the higher judiciary and its interventions in the course of cases arising from the policy of reservation, as well as the constitutional context of fundamental rights. This edition includes a preface written by the author for the second (paperback) edition published in 1991, following the controversy over the proposal to implement the Mandal Commission Report. It also includes a new introduction summing up the current situation.
Author: Thomas E. Weisskopf
Publisher: Routledge
ISBN: 1135997306
Category : Business & Economics
Languages : en
Pages : 370
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Book Description
Arguably, two of the most important national experiences with policies of positive discrimination in favor of historically disadvantaged ethnic or caste minority groups are the cases of 'Affirmative Action' in the United States and 'Reservation Policies' in India. This essential new book examines the consequences of affirmative action in both count
Author: Marc Galanter
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 146
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Book Description
Author: Sudhir Krishnaswamy
Publisher: Oxford University Press
ISBN: 0199088446
Category : Law
Languages : en
Pages : 338
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Book Description
The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.
Author: Tarunabh Khaitan
Publisher: OUP Oxford
ISBN: 0191066389
Category : Political Science
Languages : en
Pages : 272
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Book Description
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Author: Bidyut Chakrabarty
Publisher: Routledge
ISBN: 135137530X
Category : Social Science
Languages : en
Pages : 232
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Book Description
Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India’s constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.
