The Claim of Reservation for Social Justice: An Enabling Provision or a Fundamental Right

The Philosophy of Reservation is an enabling provision. In India the concept of reservation in employment was introduced by the State as an instrument of social engineering to make for an egalitarian society. Reservation has been part of politics during the regime of various governments of India. It varies from state to state and group and communities wise. Initially reservation was provided almost in every government sector for employment to the category of Scheduled Caste and Scheduled Tribe only but gradually reservation was provided at promotions level too and to the other backward classes also. Reservation is provided in education sector also. The article studies whether the State is an under obligation to provide reservation in direct employment or in promotion too. Can a candidate of schedule caste and schedule tribes claim the benefit of reservation for promotion as a fundamental right? This research paper is a case study with reference to reservation in employment at promotion level in the state of Uttrakhand.