ii) The Constitution

Although, the Indian Constitution closely follows the British parliamentary model, it differs in that the Constitution is supreme, not the parliament. So, the Indian courts are vested with the authority to adjudicate on the constitutionality of any law passed by the parliament. The constitution governs the sharing of legislative power between Parliament and the State Legislatures, and provides for the vesting of residual powers in Parliament. But, the parliament can amend the constitution according to its needs,thereby forcing the judiciary to interpret the constitution as it wants. Thus, in reality the parliament is supreme.

The Constitution of India guarantees equal rights to all citizens, and prohibits discrimination on the basis of race, ethnicity, gender, caste, and religion.  The constitution has been amended eighty-six (86) times.  These Amendments reinforce some of the defects in the Indian Constitution. For example, the Indian Constitution mandates preferential quotas and reservations for scheduled castes (SCs) and scheduled tribes (STs) in educational institutions and government jobs up to 22% of the total for an initial period of ten years. These quotas were extended periodically by 8th (1960), 23rd (1969), 45th (1980), 62nd (1989), 76th (1994), and 79th (2000) Amendments, ten more years each time.  In Andhra Pradesh the total reservations exceed 70% of the total available seats in educational institutions and government jobs, with 50% for SC, ST, BC categories, 33% for women and up to 5% for sports and other categories. A candidate belonging to Forward Castes (FCs) has to compete with all of the above categories for the remaining positions. The concept of equal opportunity exists in theory, but it is qualified by preferential discrimination in practice. Racial preferences based on caste are embedded into the Constitution and in the minds of people to create a perpetual cycle of discrimination and reverse discrimination.

The 86th Amendment, the Constitution (Eighty-sixth Amendment) Act, 2002, provides for free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine; provides early childhood care and education for all children until they complete the age of six years; and requires a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

i) The Government
ii) The Constitution
ii) The Union v. States
iv) The Judicial System
iv) The Legal System

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