#22: Why is the Judiciary Treating Reservations as an ‘Enabling Provision’ and Not a Fundamental Right?

Debates over caste-based reservations in India consistently make  front-page news. Dominant political parties and the judiciary perform  vital roles in ensuring the implementation of this measure to address  historic and enduring injustices, social exclusion, and deep-seated  inequality in favour of Savarna castes in India. How well has the  judiciary fared in ensuring that reservations are implemented?
This week on Research Radio, Sameena Dalwai and Aabhinav Tyagi join  us to discuss their work on the Indian judiciary and reservations. Dr  Dalwai is with the Jindal Global Law School, Sonipat. She writes in  Marathi and English on caste, gender, sexuality, cultural nationalism,  and the law. Aabhinav teaches political science at Scottish  International School, Shamli. He hosts a new podcast called “The  Gobarment.” We’ll be discussing their EPW article titled “Impact of Uttarakhand's Reservation Judgment on Women.” This episode was recorded in July 2020 and, therefore, does not comment on recent developments on reservations.
Audio courtesy: The last ones by Jahzzar [CC BY-SA 3.0].