Chief Justice DY Chandrachud clarifies that SC/ST reservation was never meant for just 10 years. In his retirement interview, he addressed the misconception.
In a significant statement on the occasion of his retirement, Chief Justice of India (CJI) DY Chandrachud has clarified a longstanding misconception about the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in India. His remarks, made in an interview, have shed light on the true intent behind the constitutional provisions for reservation, debunking the myth that it was meant to last only for 10 years.
As India bids farewell to one of its most distinguished legal minds, CJI Chandrachud's words have come at an important time. In an interview with The Times of India, he addressed a key question: Was the reservation for SCs and STs supposed to last only for 10 years? The misconception, which has circulated for years, was finally put to rest by the CJI.
CJI Chandrachud explained that while Article 334 of the Constitution did indeed mention a 10-year time frame for reservation in legislatures, this provision has been amended several times. In fact, the reservation in legislative bodies was extended to 80 years, as stipulated in the Constitution's amendments. However, this timeline was specific to legislative seats, not to educational institutions or government services.
The misconception that SCs and STs were to receive reservation only for a decade stems from a misreading of Article 334, which initially provided for a 10-year limit for reservation in the Lok Sabha and State Assemblies. As CJI Chandrachud pointed out, this provision was regularly amended and extended, and there was never a limit imposed on reservations for educational institutions and public services.
The Supreme Court Chief Justice elaborated, "Constitutionally speaking, the amendment of the time limit is not unconstitutional if the original and unamended provision had not attained a character of a fundamental feature of the Constitution. The concept of equality of opportunity is eternal, and reservation as a means of ensuring this equality has been effective."
The Chief Justice also reaffirmed the importance of reservation as a tool of social justice. He stressed that positive action, such as reservations, has played a crucial role in advancing equality in India. "You cannot deny that reservations, as a tool of positive discrimination, have promoted real equality. This is a model that has been tested and has worked in India," he said.
He emphasized that reservation should not be viewed as a temporary or limited measure but rather as an essential part of India's ongoing efforts to ensure social justice and equal opportunity for all citizens, especially marginalized communities. According to CJI Chandrachud, reservations are a means to overcome systemic inequalities that have existed for centuries, particularly for Dalits and Tribes.
CJI Chandrachud’s statement marks a crucial moment in the ongoing debate about reservation in India. As the nation grapples with evolving socio-political dynamics, it is clear that the conversation around equality and affirmative action will continue to evolve. The clarification provided by CJI ChandraChud not only corrects historical misunderstandings but also reaffirms the government’s commitment to ensuring equality for all sections of society, particularly those that have faced historical discrimination.
As CJI Chandrachud steps down after a remarkable career, his views will continue to influence the judicial and legislative discourse in India. His legacy will remain strongly linked with his firm stance on equality, human rights, and justice for all.
In conclusion, Chief Justice DY Chandrachud has cleared the air surrounding a critical issue of Indian constitutional law, providing clarity on the timeline for SC/ST reservations. His statements reinforce the role of affirmative action as an essential tool in achieving equality of opportunity, and underline the importance of ongoing constitutional amendments to reflect the changing needs of Indian society.
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