METHOD OF IMPLEMENTING RESERVATION POLICIES: OUT-MIGRATION AND IN-MIGRATION PROBLEMS

The Indian Constitution aims at achieving substantive equality in the society. As part of this process it provides provisions for the empowerment of deprived / weaker sections of the society. For instance, Article 14 laying down the right to equality, Article 15(2)(3)(4)(5) and Article 16(2)(4)(4-A)(4-B) providing for protective discrimination, Article 330 providing for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha, Article 332 providing for reservation of seats for Scheduled Castes and Scheduled Tribes in the Assemblies of States, Article 338 providing for National Commission for Scheduled Castes, Article 338-A providing for National Commission for Scheduled Tribes, Article 340 providing for appointment of a Commission by the President for investigating the socio-economic conditions of the Backward Classes, Article 341 providing for definition of Scheduled Castes, Article 342 providing for definition of Scheduled Tribes are meant for ameliorating the socio-economic conditions of the weaker sections of the society by empowering them. At times problems may crop up at implementation stage due to either some expression/phrases used in the sustentative law or in evolving suitable procedures for implementing the reservation policies. One such problem that is dealt with in this paper is the problem of Out-Migration and In-Migration vis-à-vis Scheduled Castes and Scheduled Tribes. The definition of Scheduled Castes and Scheduled Tribes are mentioned in Article 341 & 342 respectively, which are analyzed below.