Residence-Based Reservation by States in Higher Education: A Constitutional Analysis
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Date
2026
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NLUJAA
Abstract
The Indian Constitution, adopted on 26 November 1949 and brought into force on 26 January 1950, is a transformative document marked by remarkable ambition. At the same time, it sought to remedy the harms of colonial exploitation, dismantle centuries old practice of caste system, create a unified national identity out of diverse cultural and linguistic communities, and secure meaningful set of fundamental rights for every citizen. Among those rights, the right to equality enshrined in Articles 14, 15, and 16 occupies a position of foundational importance. It is within this constitutional framework that residence-based reservation in higher education must be understood, examined and, where necessary, critically assessed. Higher education in India has long been regarded as a key means of social mobility, economic progress, and professional success. Admission to prestigious institutions such as medical colleges, engineering institutes, law schools, and central universities can transform not only the life of the student, but also that of the student’s family, community, and region from which the student belongs. It is because these stakes are so significant that questions regarding who is admitted, on what basis, and with what preferences have has given rise to some of the most politically sensitive and judicially contested debates in independent India.
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Dissertation submitted to National Law University and Judicial Academy, Assam in partial fulfilment for award of the degree of MASTER OF LAWS/ ONE YEAR LL.M. DEGREE PROGRAMME Submitted by: Afhrid Sackib UID: SM0225002 LL.M. (2nd Semester) Supervised by: Dr. Kailash Jeenger Associate Professor of Law