August 4, 2023

Reservation under Indian Constitution

This article has been written by Adv. Aishwarya Sandeep.

Reservation under the Indian Constitution refers to the policy of affirmative action implemented to promote social justice and uplift marginalized and disadvantaged sections of society. It aims to provide equal opportunities and representation to historically oppressed and underprivileged communities. The provisions for reservation are primarily enshrined in Articles 15, 16, 46, and 335 of the Constitution.

  1. Article 15: As discussed earlier, Article 15 empowers the State to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes (SC), Scheduled Tribes (ST), and other marginalized sections. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth and allows the government to implement reservation policies to ensure their social inclusion.
  2. Article 16: Article 16 deals with equality of opportunity in public employment. It enables the State to make provisions for the reservation of posts in government jobs for SCs, STs, and other backward classes (OBCs). The Constitution ensures that such reservations do not exceed 50% of the available vacancies and that general merit candidates have access to unreserved positions.
  3. Article 46: Article 46 is a directive principle of state policy that directs the State to promote the educational and economic interests of SCs, STs, and other weaker sections of society. It emphasizes the need for the State to work towards minimizing inequalities and ensuring social welfare.
  4. Article 335: Article 335 takes into account the claims of SCs and STs in relation to the services under the State. It provides that the claims of these communities should be taken into consideration while maintaining efficiency in the administration.

Reservation policies have been a subject of debate and criticism in India. While proponents argue that such policies are necessary to address historical injustices and empower marginalized communities, critics point out concerns like the potential impact on merit-based selection, perpetuation of caste-based identities, and limited focus on economic backwardness.

In addition to these provisions, various state and central governments have introduced specific reservation policies for economically weaker sections (EWS) of society, which were introduced through constitutional amendments in 2019. These EWS reservations aim to provide benefits to individuals from economically weaker backgrounds, irrespective of their caste or community.

Overall, reservation policies in India continue to evolve and are periodically reviewed to strike a balance between providing opportunities to marginalized sections and maintaining efficiency and equity in public administration.

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