This article has been written by kommula vikram of Lloyd law college
Reservation in India
Simply put, it is about making it easier for certain parts of the population to enter government jobs, educational institutions and even legislation.
These sections have faced historical injustice due to their caste identity.
As a quota-based positive measure, reservation can also be considered positive discrimination.
In India, it is governed by government policy supported by the Constitution of India.
Historical Background
William Hunter and Jyotirao Phule originally proposed the idea of a caste-based reservation system in 1882.
The current reservation system in its true sense was introduced in 1933 when British Prime Minister Ramsay Macdonald introduced the “Joint Award”. The
award gave separate constituencies to Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans and Dalits.
After long negotiations, Gandhi and Ambedkar signed the Poona Pact which decided that there would be one Hindu electorate with certain reservations.
After independence, reservations were initially made only for SCs and STs. In 1991,
,OBCs were included in the scope of reservation based on the recommendations of the Mandal Commission.
In 1992, the Supreme Court in the Indra Sawhney case upheld the 27% quota for backward classes, but struck down a government notification reserving 10% government jobs for economically backward classes among upper castes.
The Supreme Court in the same case also upheld the principle that the total number of reservation recipients should not exceed 50 percent of India’s population.
From this judgment and the order that guaranteed class reservations should be limited only to first appointments and not to promotions, the concept of the cream layer also came into force.
The Constitution (103rd Amendment) Act, 2019 recently provided 10% reservation in government jobs and educational institutions for the “economically backward” in the non-reserved category.
The Act amends Articles 15 and 16 of the Constitution by inserting clauses allowing the government to make reservations based on economic backwardness.
This 10% reservation exceeds the 50% reservation limit.
Provisions of Indian Constitution on Reservations
Part XVI deals with reservation for SCs and STs in Central and State Legislatures.
According to § 15 () and § 16 () of the Constitution, the state and the central government can reserve seats in government units for SC and ST members.
The Constitution was amended by the Constitution (77th Amendment) Act 1995 and a new clause (A) was inserted in Article 16 to empower the Government to make reservation for promotion.
Later Clause (A) was amended by the Constitution (85th Amendment) Act, 2001 to give single tenure to SC and ST candidates promoted through reservation. The 81st Constitutional Amendment Act
of 2000 added Article 16 (b) which allows the state to fill the year’s unfilled seats reserved for SC/STs in the following year removing the 50% reservation limit. vacancies for this year.
Articles 330 and 332 provide for special representation by reserving seats for SC and ST in parliament and State Legislative Assemblies respectively.
Article 2
3D provides for reservation of seats for SC and ST in each Panchayat.
Section 233T provides for reservation of seats for SC and ST in every municipality.
Article 335 of the constitution states that STs and requirements of STs must be considered to maintain efficiency of administration.
Why is a reservation required?
To correct the historical injustice faced by the backward castes in the country.
Reverse level playing field for departments as they cannot compete with those who have had means and resources at their disposal for centuries.
Ensuring adequate representation of backward classes in government services.
For the promotion of backward classes.
To ensure equality based on merit, ie. all people must be brought to the same level before being judged on the basis of merit.
Argument Against Reservation
Reservation in government offices has caused dissension and enmity among government employees which ruins the workplace atmosphere.
The aim of the reservation policy was to eradicate caste, not to preserve caste, but caste-based reservation only perpetuates the concept of caste in society.
Reservation was introduced to ensure that historically disadvantaged communities get equal access to resources, but remain socially disadvantaged despite economic development.
Reservation destroys self-respect to such an extent that there is no more competition to identify the best, but the most backward.
Reservations are the biggest enemy of meritocracy, which is the basis of many developed countries.
It became a tool to achieve narrow political goals by appealing to class loyalties and indigenous identities.
The ruling and elite class of Scheduled castes accepted the benefits of reservation and the most marginalized of the backward castes remained marginalized.
Provision has become a mechanism of exclusion rather than inclusion because many of the upper caste poor also face discrimination and injustice creating frustration in society.
Reasons for increasing reservation requirements
Reservations are increasingly seen as a remedy against the ill effects of ill-conceived development policies.
In developed states like Haryana, Gujarat and Maharashtra, despite their comparatively better economy, three things worried people:
acute agricultural distress,
stagnation in employment growth and
distortions in the development curve.
Against this background, it is easier for governments to talk about reservation than to make course corrections.
Increase in upper caste reservation demand also due to fear of loss of privileges and fear of facing change
Upper castes have started feeling disadvantaged especially in government offices as they are not getting equal benefits as backward classes.
Proposal
Reservation benefits should flow to most of the less privileged castes; not to some privileged child with caste characteristics.
Families of senior officials, high-income professionals and others above a certain income level should not receive reservation benefits, especially in government jobs.
Honest and practical ways to help the poor in every community through reservation are possible and necessary.
The reservation process should filter out the truly economically disadvantaged and bring them all to justice.
Groundbreaking changes in the education system at the basic level are the need of the hour.
Awareness is also needed because while the unreserved segments are constantly resisting the provision, the neediest sections of the reserved segments are hardly aware of how the provision benefits or that such provisions even exist.
Radical solutions like excluding the entire cream layer of all castes from reservation and developing their talents instead of providing them reservations for university studies or jobs.
The Way Forward
Reservation is just insofar as it ensures adequate positive discrimination in favor of backward and economically backward sections of society.
But if it tends to harm society and ensures some privileges at the expense of others for narrow political purposes, it should be removed as soon as possible.
Communities excluded from reservations live with hostility and prejudice against castes belonging to the reservation category.
When more and more people yearn for decline instead of progress, the state itself ceases.
Meritocracy should not be contaminated by lowering barriers to market entry, but should be encouraged by financial aid to the disadvantaged.
Strong political will is needed to achieve a balance between backward justice, prior justice and efficiency of the system as a whole.
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