In India, Constitution of India is the law of the land and all the statutes, rules, regulations etc. take its legal validity from it. Constitution of India clearly elaborates all the rights of citizens and non-citizens also. It gives right to equality under Articles14 to 18, right to freedom of speech and expression under Article 19 (1) (a), right against exploitation under Articles 23 and 24, right to freedom of religion under Articles 25 to 28, various cultural and educational rights under Articles 29 and 30 and most importantly right to constitutional remedies under Article 32. All these Constitutional provisions are part of the syllabus of various law colleges in India. Moreover, many Law College in Cooch Behar has made part of this in their syllabus.
Reservations Systems
In order to bring those poor down trodden socially backward classes of society, Constitution of India specifically made certain provisions, so that they can come into the mainstream of the society and can equally participate in the administration of various government departments.
These people belong to Schedule Castes, Schedule Tribes, and Backward Classes. In educational facilities and government job, seats have been reserved for them. This derives from the various Constitutional provisions such as Article 15(4), 16(4). Article 15(4) deals with special provisions for the advancement of Backward Classes. Article 16(4) deals with reservation for Backward Classes in place of public employment.
Reservations for the Economically Weaker Sections of Society
Besides giving opportunities to Schedule Castes, Schedule Tribes and Backward Classes, it is equally important to uplift a section of society those who are economically weaker. New clause (6) added in Article 15 makes provisions for the state to make special provisions regarding admission to educational institutions for economically weaker section of society. Moreover, another newly added clause (6) in Article 16 talks about reservations for the government post in regards to economically weaker section of society. Importance of Reservations to the EWS ( Economically Weaker Sections) is known to all. Even in the syllabus of various law college in Cooch Behar, the importance of Reservations has been added.
Conclusion
After the independence of our country, a need had been arisen to bring all classes of people together in the mainstream of society. In order to remove all those social stigma attached to Backward classes and other poor down trodden classes, Special provisions were required which would mandate the state to make special treatment for them, so that they can take part in the decision making process, administration process, educational institutions and other areas. When Constitution of India came into force and various provisions have been made for them, states have arranged special treatment and reservations for them. But the concept of creamy layer is the main concern in this regard.
