S. RAVINDRA BHAT

1. The Constitution makers fervently hoped to usher a society committed to equality, where barriers of race, gender, domicile, descent and the unforgiving marginalization of a large section of the society as a result of the ills of the caste system and the practise of untouchability, would eventually be eliminated. The commitment has remained largely an unrealized promise. The strategy of the State to bridge the social gulf through affirmative action has thrown up constant challenges which Courts are called upon to resolve. This is one such challenge, where the Court has to grapple with the interpretation of Articles 341 and 342 read with Article 16, in the context of differing standards of what is the permissible reservation standard applicable on the one hand to residents of states who take up residence in one state, as opposed to residents of states who take up residence in Union territories. This judgment seeks to answer a reference made to the Full Bench, constituted for the purpose of deciding the appropriate course which this Court should adopt in regard to the interpretation of Articles 341 and 342 of the Constitution of India, in the light of conf