Abhinav Chandrachud is an advocate who practises at the Bombay High Court. He graduated from the LL.M. program at Harvard Law School where he was a Dana Scholar, and from the JSM and JSD programs at Stanford Law School where he was a Franklin Family Scholar. He has worked as an associate attorney at Gibson, Dunn & Crutcher, a global law firm. He is the author of
Republic of Rhetoric: Free Speech and the Constitution of India (2017),
Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-1989 (2018) and
Soli Sorabjee: An Authorized Biography. He has also written for several leading newspapers in India including
The Hindu,
Indian Express and
Times of India, and taught at Cornell Law School and NALSAR University of Law.
Reservation or affirmative action is a hugely controversial policy in India. While constitutionally mandated and with historians, political scientists and social activists convinced of its need, many resist it and consider it as compromising 'merit' and against the principle of equality of opportunity.
In These Seats Are Reserved, Abhinav traces the history and making of the reservation policy.
How were groups eligible for reservations identified and defined? How were the terms 'depressed classes' and 'backward classes' used in British India and how have they evolved into the constitutional concepts of 'Scheduled Castes', 'Scheduled Tribes', and 'Other Backward Classes' in the present day?
The book delves into the intellectual debates that took place on this matter in the Constituent Assembly, the Supreme Court and Parliament. Several contentious issues are examined dispassionately: are reservations an exception to the principle of equality of opportunity? Do quotas in government service undermine efficiency? Can 'merit' really be defined neutrally? What is the thinking behind the rule that no more than 50 per cent of the available seats or positions can be reserved?
Deeply researched and ably narrated, this volume is a compelling addition to every thinking individual's library.
