Authors
D. Jayasudha
Abstract
Law does not discriminate, it sees no gender or caste for that matter of fact, as it is projected by lady allegorical which personifies the moral force of judicial system. Her elements are a balance, a blindfold and a sword. A blindfold because it signifies that justice is blind towards outwardly world, it is objective and never biased, and so it should be throughout the world. Indian people have been suffering this discrimination since the very beginning. This paper focuses on the reservation system present in the Indian Judiciary. And discusses about the various evidences that have come to light regarding this matter. Objective of writing this paper is to create awareness and condemn the biasness to which society is suffering. If the institution which provides justice will get tainted nothing more could be done to save the constitution of India. Keywords: Indian legislation, Reservation system, Caste Bias, Law.
Introduction
India the country of democracy which runs successfully with the support of three wings namely legislature, executive and judiciary which are meant for transparency of their action to the public. But, in present days the purpose of its formation was only successfully performed by judiciary which is meant for its transparency. So as for its action the judiciary is considered as the guardian of supremacy of the constitution , as its already mentioned the judiciary is known for its transparency, but it’s not so for all the cases, the mentionable one is the appointment of judges where even the list of members took place in the selection list of judges appointment was also not revealed, for which the reason provided as is for the scope of secrecy and security issues by the committee members but their also the conflict opinion for this opaque nature of the selection committee as its to avoid the early quires with respect to the policy of reservation which remains as the common request put forth by the members of judiciary as well as by the executive from the long decades of time. This paper mainly concern to establish the reason for which the reservation system was not provoked in our country, especially in the higher judiciary where the system of reservation was completely revoked as the statement mention the complete revocation in higher judiciary what is the status in subordinate judiciary? This was explained with the help of constitutional laws and cases. As its mentioned the reservation as the common request by judiciary and executive, the reason for their request may varies with respect to their own common welfare as it’s the needy point for the Indians to raise for some common issue which was also explained in this project which the historical coverage of decision flow of cases and the constitutional debates.
References
Pandey.J.N, ‘Constitutional law of India’, ( 52nd edition, 2015), Central Law Agency, Allahabad, Pg- 522.
Gandhi.B.M,‘Landmark in Indian Legal and Constitutional History’, (10th edition, 2012), Eastern Book Company, Lucknow.
‘Constituent Assembly Debate’, 1949, Vol- XI, http://parliamentofindia.nic.in , Accessed on 12/03/2017.
Union of India vs S.P.Anand, 7 Aug 1998, SC.
Kirpal.B.N, ‘Supreme but not infallible’, ( 6th edition, 2013), Oxford University Press, New Delhi, Pg- 16.
The Constitution of India as amended by The Constitution Act, 2015.
Supreme Court Advocates on Record Association vs Union of India, Writ Petition (Civil) No. 13 of 2015.
S.P.Gupta vs Union of India, AIR 1982 SC 149.
Law Commission Report, 1956.
Supreme Court Advocated on record vs Union of India, Writ Petition (Civil) 1303 of 1987.
Santosh Singh, ‘50% Reservation in Bihar Judicial services, women quota remains’, http://indianexpress.com , Updated- Dec 28, 2016 , IST 18.59.
Maneesh Chhibber, ‘For last 6 years no scheduled caste judge sent to supreme court’, http://indianexpress.com Updated- May 30, 2016, 08.24 IST.
Suresh Kumar.D, ‘Justice Karnan judicial journey’, http://thehindu.com , Updated- Sep 2, 2016, 16.53 IST.
Article-233, The Constitution of India, as amended by The Constitution Act, 2015.
Satya Prakash and Singh D.K, ‘Centre considering SC/ ST and OBC quota in appointment of District Judges’, http://hindustantime.com , Updated: Oct 18, 2016, 07.48 IST.
10, Reservation of Appointments, Tamil Nadu state judicial service rule, 2007, http://cms.tn.gov.in , accessed on 20/03/2017.
22, Tamil Nadu state and subordinate service rule, 2011, http://tnpsc.gov.in , accessed on 20/03/2016.
21 (a), (b) Tamil Nadu state and subordinate services rule, 2011, http://tnpsc.gov.in , accessed on 20/03/2017.
Santosh Singh, ‘50% Reservation in Bihar judicial service, women quota remains’, http://indianexpress.com , Updated: Dec 28, 2016, 18.59 IST.
State of Bihar vs Dayanand Singh, 29, Sep 2016, SC.
State of Bihar vs Bal Mukund Sha (2000) 4 SCC 640.
Akash, ‘The Collegium System’, http://theindiatimes.com , Updated: Oct 16, 2015, 11.26 IST.
S.P. Gupta vs Union of India, 30 Dec 1981, SC.
The Supreme Court Advocates on Record Association vs Union of India, 6 Oct, 1993, SC.
In Re: Under Article-143(1) of the constitution vs Unknown, 28 Oct, 1998, SC.
Writ petition (civil) No. 13 of 2015, SC.
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| APA Style | Jayasudha, D. (2019). Reservation System of Judiciary in India. Academic Journal of Historical Studies, 1(1), 17-31. |
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