Essay about Reservation and The Right to Equality

Essay about Reservation and The Right to Equality

Length: 1672 words (4.8 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

INTRODUCTION
The right to equality is the most fundamental right a man has. This is the right that occupies its place in almost every constitution. It is the right to equality from which all liberties are guaranteed. Reservation is one of the many tools that are used to preserve and promote the essence of equality, so that disadvantaged groups can be brought to the forefront of civil life. It is the duty of the State to promote positive measures to remove barriers of inequality and enable diverse communities to enjoy the freedoms and share the benefits guaranteed by the Constitution . But can the state extend this duty and obligation to the private sector? Therefore the question broadly is whether the horizontal application of the acts extending to private unaided educational institutions violates the Basic Structure of the Constitution?
This question is in with regard to the 86th and 93rd amendment acts. The 86th Amendment inserted Article 21A which provided for free and compulsory education to all children between the age of 6 and 14 years. The right of children to free and compulsory education act of 2009 was enacted to enforce the right under article 21A. The act provided for horizontal affirmative action by reserving 25% seats in all schools (i.e. State run, State funded or Privately run) in favor of Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes. It further provided that the private schools cannot charge any fee, tuition or otherwise to those admitted against this 25% quota. Instead the State would reimburse the private schools for these 25% students. The 93rd Amendment inserted Article 15(5) which provided a right to the state to make laws for the advancement of any socially and ed...


... middle of paper ...


...obstacle in achieving socio-economic rights by the way of constitutional amendment. Justice Radhakrishnan held that clause (5) was inserted in article 15 to get over the obstacle that the state cannot impose reservation in private unaided professional educational institutions, the rule laid down in Pai Foundation as well as in Inamdar. Hence holding that the reservation provision constitutionally valid. The standard of review used by justice Radhakrishnan was that article 19(1) (g) was not a facet to the basic structure of the constitution and hence abrogation of article 19(1) (g) does not change the basic structure of the constitution and therefore is not unconstitutional.
The question whether the Reservation Provision is constitutionally valid when it horizontally imposes reservation of seats on a private unaided school remains unanswered in both the cases.








Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Leaders of the Equality Movement Essay

- ... To African Americans this was a perfect time to seize the moment so equality would not be forgotten by the white man, and to show that blacks were not inferior to the white man. 3 Chief Joseph, the leader of the Nez Perce tribe of Eastern Oregon, saw time after time the white man encroaching on his land to steal the natural resources. After discovery of gold in 1863, the United States government attempted to move his tribe to present day Oklahoma on a smaller reservation. By October 1877, Chief Joseph was captured and his tribe sent away to the smaller reservation....   [tags: racism, indians, rich]

Better Essays
1414 words (4 pages)

Native Americans' Civil Rights Struggle Essay

- The Native Americans have come across long journey of difficult times since the occupation of their land by European settlers. There are still two sides of a coin- a world of civilization and a world of underdeveloped society in this one country- USA. The paradox is that the constitution which seems to be a model of democracy to many nations of the world lacks a lot for not acting accordingly. Those organized and unorganized struggles of Native Americans were challenged by the heavily armed white majority settlers....   [tags: Historical Massacres, Equality, Democracy]

Better Essays
893 words (2.6 pages)

Essay on Analysis of The Civil Rights Movement

- The Civil Rights Movement of the 50's and 60's was arguably one of the most formative and influential periods in American history. Hundreds of thousands of civil rights activists utilized non violent resistance and civil disobediance to revolt against racial segregration and discrimination. The Civil Rights Movement began in the southern states, but quickly rose to national prominence. Freedom Rides/Eugene “Bull” Connor: In 1947, the Supreme Court ruled that segregration on interstate bus rides was unconsitutional....   [tags: civil rights, racial equality, discrimination]

Better Essays
683 words (2 pages)

Native American Reservation System Was A Complete Failure Essay

- The Native American Reservation system was a complete failure. This paper focuses on the topics of relocation, Native American boarding schools, current conditions on today’s reservations, and what effects these have had on the Native American way of life. The first failure in the Native American reservation system was in relocation. Native Americans were forced to move to locations that were very different from their traditional homelands. Many times, these reservations were hundreds, if not thousands of miles away which resulted in the deaths of many Native Americans in transit....   [tags: Indian reservation]

Better Essays
1272 words (3.6 pages)

Essay about Equality in Opportunity and Equality in Outcome

- ... Being the state of New Jersey spends $300 million dollars a year to subsidize Camden's schools, that comes out to $100 Million dollars per scholar. About ten years ago, I noticed that most of my new neighbors were coming from the city. I got to know a few of them, shooting the breeze and lending them things from time to time. The first thing I noticed was that they didn't cut their lawns that often, and weren't into home maintenance and repairs that our homeowners association requires. For instance, a ten foot piece of my neighbor's siding fell off two years ago and it's still sitting in his backyard where it landed....   [tags: diversity, equality, fairness, academia]

Better Essays
862 words (2.5 pages)

The Fundemental Right to Marriage Equality Essay

- It was less than one hundred years ago that African Americans were made to sit at the back of buses, drink from separate drinking fountains, and made to go to separate restaurants simply because of the color of their skin (“Background on Racial Discrimination”). We look back now and wonder how our predecessors could have been so ignorant to the fact that skin does not change a person. We can’t understand our ancestors’ refusal to give rights to these people, whose only crime was that they were different....   [tags: discrimination, children, religion]

Better Essays
695 words (2 pages)

The Right of Marriage Equality Essay

- Your wedding day is one of a few days where you are the happiest you will ever be, so why is it okay to have gay marriage illegal. We live in a world today where only 54% of Country’s have legalized gay marriage, but why is the other 46% against it. Before 342 AD same sex couples were a loud to do whatever they pleased, in 342 AD the Christian emperors Constantius II and Constans demanded that all same sex couples were to be executed. Since then, the laws have changed significantly, but in majority of Country’s, people are being punished by not being able to marry the love of their life....   [tags: love, religion, happiness]

Better Essays
618 words (1.8 pages)

Reservation Blues by Sherman Alexie Essay

- In the novel Reservation Blues, most of the characters struggle with their identity at some point. Victor has an especially strong urge to rebel against his Native American heritage, which is apparent in his violent, arrogant demeanor and his obvious problem with alcohol. Victor is tied to his past and has trouble coping with his life as it is, and is in a constant battle with himself, his surroundings, and other people.            Early in the book, Victor is portrayed as somewhat of a bully, and he and Junior are even referred to as, "two of the most accomplished bullies of recent Native American history." (page 13) Victor's closest and most meaningful relationship in the book is his fri...   [tags: Reservation Blues, Sherman Alexie]

Better Essays
652 words (1.9 pages)

What's Equality? Essay

- This essay has three main parts; it will attempt to provide an answer to the question. What is equality. The term equality has many connotations in the English language; therefore, it will be necessary to use it in the societal context. It will be required to take a brief look at the history of equality using examples and references from such writers as Marx, and Tawney. Following on, a more current outline will be used to provide a more up to date perspective. The assignment will then proceed to give a definition, with examples, to the meaning of equal opportunity....   [tags: Racial Relations, History of Equality]

Better Essays
1939 words (5.5 pages)

Women's Equality Essay examples

- Women's Fight for Social Equality If I were to teach a class that dealt with the twentieth century in America, I would choose to make my focus the women's struggle for social equality. Comprising fifty-percent of the population, women are by far the largest "minority" in the United States. Through them I could relate the most important social, political and economic trends of the century. Their achievements, as well as their missteps, tell us a story of America that we most often hear of in snatches, or read about in digressions....   [tags: Feminism Gender Equality]

Better Essays
1425 words (4.1 pages)