RESEARCH PROPOSAL

To determine the current Reservation delineation related trends with respect to classification of
Scheduled Class & Scheduled Tribes Categories and future prospects of the same.

Introduction

 The Apex Court, in the case of State of Punjab & Ors. v. Davinder Singh & Ors (2020)1, re-
examined the correctness of its 2005 decision of EV Chinnaiah v. State of AP (2005)2, that had held
that the Scheduled Castes form a homogenous class and there cannot be any sub-division. The Court
observed,

 “Reservation was not contemplated for all the time by the framers of the Constitution. On the one
hand, there is no exclusion of those who have come up, on the other hand, if sub-classification is
denied, it would defeat right to equality by treating unequal as equal.”

 Furthermore, Apex Court judgments, such as Chebrolu Leela Prasad Rao. v. State of A.P. & Ors.
(2020)3, held that a Government Order dated January 10, 2000 issued by the erstwhile State of
Andhra Pradesh providing 100% reservation to Scheduled Tribe candidates in schools located in
scheduled areas is unconstitutional. Further, the Court also concluded that that there was no reason
for the State government to resort to 100% reservation.

 Thus, taking into consideration the recent trends with respect to reservation, and the fact that the
scope is being narrowed, a pertinent question arises— Whether delineation and gradual restriction of
scope of reservation justified? Can the reserved categories/classes also be merged with the “General”
Category? What probable trends can emerge a decade down the line?

Problem Statement

 Is there any systematic way to phase out reservations, gradually, since the intent of the framers of the
constitution was not to grant it indefinitely, or is the current scenario, with the periods of reservations
being extended, necessary in the interests of the country?

1
[2020 SCC OnLine SC 677]
2
[(2005) 1 SCC 394]
3
[2020 SCC OnLine SC 383]
 Aim of Research

 To determine the need for revamping of current national based reservations, on a state-to-state basis.

Hypothesis

 To determine the need for a case-to-case basis reservation policy taking into consideration a multiple
factor approach, taking economic & social considerations and synergy between the same.
 To propose Alternative Methodologies for Positive Discrimination

Objectives

 To understand the scope and extent of reservations on a state-wise basis, taking into consideration
various contextual factors
 To understand the need for restricting reservations on a case-to-case basis where the constitutional
objectives have been fulfilled
 To understand factors that lead to extensions of reservation policies, and the need for the same.
 To study the Apex Court & High Court Obiter on Government Decisions

Methodology

 A Comprehensive Study of Committee & Commission Reports, Research Center Materials,

Seminars, Conferences, etc.
 Study of Various Apex Court & Judicial Trends WRT Judicial Activism vis-à-vis Governmental
Policies of Reservation
 Research on Alternative Methodologies for Positive Discrimination; Juxtaposition based on Global
Trends.

Probable Conclusions

 Need for Case-to-case basis alternate Reservation Policy

 To propose Alternative Methodologies for Positive Discrimination
 Other Conclusions as may arise based on a comprehensive study.

Submitted by-

Tamanna Gupta, Roll No. 17055

Constitutional Law Specialization
Contact- tamannagupta@rgnul.ac.in