100 Percent Reservation Of ST Is Not Permissible | Chebrolu Leela Prasad Rao v. State of Andhra Pradesh & Ors | The National TV
- by Aditi-Harshraj
- Apr 25, 2020 12:01
Chebrolu Leela Prasad Rao v. State of Andhra Pradesh & Ors Date of Judgement - 23rd April.
In this case, the question arose that 100 percent reservation should be given to the Scheduled Tribe in Schedule Areas is constitutional or not? On 10.01.2000, The state of Andhra Pradesh issued an order providing 100 percent reservation to ST candidates out of whom 33.⅓% is reserved for the post of women teachers in the school of Schedule areas in Andhra Pradesh. This order was challenged in the Court of law as violative of Article 14, 15, 16 of the Constitution of India. Articles explaining whether a 100% reservation is permissible under the constitution.
Article 14: It states that the state shall follow the principle of equality and protect everyone equally in India. Equally will be treated equally. Rule of law is also applied that means Law is superior. No one is more powerful than the law.
Article 15: It states that the state shall not discriminate on the grounds of religion, race, caste, sex, or place of birth. Neither citizen can discriminate on these grounds. The State shall make special provisions for women, children. They can also make special provisions for the advancement of SC(article 341) and ST(article 342) or other socially backward classes and educationally backward classes.
Article 16: It states that the state shall provide equal opportunity related to public employment. They should not be discriminated on the basis of religion, race, caste, sex or place of birth. The State can also make any provisions for reservation of appointment of any backward classes.
Article 47: It states that it is the primary duty of the state to raise the level of nutrition and the standard of living and to improve public health.
Article 51 A(e): It states that it is the fundamental duty of the citizens to promote harmony and the spirit of the common brotherhood without discriminating on religious, language, regional or sectional basis and to maintain the dignity of women.
SC and ST have been provided various facilities by constitutional makers to make them equal to others. All kinds of efforts are made which can be observed on our Constitution in various articles Indira Sawhney v. Union of India ( Mandal Commission case ) In this case, the concept of the creamy layer was introduced and held that caste can be the sole dominant test for backwardness. It was held that the reservation can't exceed more than 50%. The reservation of 100 percent posts was irrational and arbitrary and violative of the equality principle.
Even providing 100% reservation to ST has also deprived the due representation of SC and OBCs Therefore, it was held in Chebrolu Leela Prasad Rao v. State of Andhra Pradesh that 100 percent reservation of ST is unconstitutional and not permissible.
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