Constitutional Recognition of Environmental Rights and Duties: Advancing Environmental Constitutionalism and Intergenerational Justice

Abstract

This paper undertakes a doctrinal legal analysis of the evolution of reservation in India, tracing its transformation from a colonial administrative device to a structured constitutional doctrine. Using primary sources including constitutional provisions, amendments, and Supreme Court jurisprudence, it maps a continuous dialogue between legislature and judiciary in shaping affirmative action. Beginning with G.O. 613 in the Madras Presidency, the study shows how early experiments informed Articles 15(4) and 16(4), while the decision in Champakam Dorairajan prompted constitutional correction. It examines the judicial construction of limits through M.R. Balaji and the doctrinal consolidation in Indra Sawhney, including the creamy layer and the fifty percent ceiling. Subsequent developments, such as Nagaraj, amendments, and expansion into education and promotions, reveal increasing complexity. The paper further analyses the shift toward economic criteria under the 103rd Amendment and its validation in Janhit Abhiyan, highlighting tensions with equality principles. It argues that reservation has evolved into a dynamic constitutional grammar balancing formal equality, substantive justice, and institutional integrity, while remaining a contested instrument in India’s transformative constitutionalism today. The study concludes that future trajectories will depend on judicial calibration, empirical justification, and political commitment to inclusive representation, particularly amid emerging debates on intersectionality, sub classification, and federal variations in implementing reservation policies across diverse regions.