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reservations, Select Writings of Balagopal »

[21 Feb 2010 | 2 Comments | 15,581 views]
Ideology and adjudication: SC and OBC reservations

Adjudication of public issues is an ideological act. Courts say they do their job within the four corners of the law, but the four corners are only corners. The space enclosed may be quite wide, and can permit divergent tendencies, all of them passing for interpretations of the law or the Constitution. It is idle to pretend that this divergence is the result of a pure difference of a juridical character. There is considerable politics in these divergent tendencies, when social issues of significance are involved.
The vicissitudes of the law …