By:
Saksham singla
BBA LLB (Hons.) [2nd Year]
School of law, Lovely Professional University, Punjab
INTRODUCTION
In order to address the historical injustice done to members of impoverished groups and to put laws in place to improve their access to resources and opportunities, reservations were placed into the constitution as soon as India earned its independence.
• Reservations were initially used in India:
• to atone for previous wrongs done to India’s lower castes
• To ensure that participants in the state- and federally financed programs are equally represented from each caste
• to level the playing field for everyone, regardless of caste
• to better the condition of the disadvantaged groups
• “Let’s thoroughly comprehend the reservation notion as a whole. This article includes several important instances, a brief history, and the reservation-related provisions.
INDIAN RESERVATIONS SYSTEM
Reservations are a type of affirmative action used in India to allocate a set number of seats in social and educational institutions to different underrepresented communities. It is created in response to the discrimination practiced by Indian upper castes. As a result, when India gained independence, the constitution had a provision mandating a certain community’s participation in various areas at a specific level.
RESERVATION FOR CASTE IN INDIA
Reservations under the Constitution are meant to provide employment opportunities and educational opportunities for members of scheduled castes and scheduled tribes.
HISTORY OF RESERVATION
Due to the pervasive dominance of the caste system in Hindu society, certain castes were subjected to atrocities, social backwardness, and economic hardship. This was why India’s quota policy was implemented.
This justification has lost some of its meaning in the present period, and instead of the castes that should genuinely benefit from the reservation system, they are not receiving any benefits, while the others are. The reservation system is now only used by politicians to build their support bases. The Patel family of Gujarat recently launched an agitation to be included in the OBC category, startling the entire country as those who had been fighting for reservations in the state of Gujarat.
we’re not in any manner undeveloped socially or economically.
The quota system in the State of Tamil Nadu proved to be a disaster for society since the Brahmans had successfully positioned themselves on the bandwagon of the underprivileged and had benefited greatly from it.
Following the precedent-setting Mandal Case, the Creamy Layer has been removed from the list of Scheduled Castes, Scheduled Tribes, and OBC for these potential reasons.
When Justice Ravindran correctly observed the hazards of the current reservation tendency in one of the key cases of Ashok Kumar Thakur v. Union of India, he concluded that when more people strive for backwardness rather than forward progress, the nation as a whole stagnates.
It is impossible to judge reservation policy as good or bad since those who gain from it will always support it and say it is good, while those who lose out will always berate the system and say it is awful. However, the idea and the justification for the policy’s adoption are more important than whether the reservation policy is good or bad. The reserve strategy would obviously become undesirable over time if that just were to gradually lose its significance.
The political indulgence in the reservation process has only become a tactic to win over more voters rather than a noble objective.
Additionally, the reservation criteria have received a lot of criticism. The sole proof that someone is from a caste that is socially and economically backward is sufficient to profit under the guise of reservations. The socially and economically disadvantaged classes are not genuinely practical and true sense socially and economically backward.
The reserve policy is appropriate as long as a suitable applicant is not denied an opportunity due to the widespread reservation system. There is no justification, in my opinion, for admitting less deserving pupils over more worthy ones. If these groups of people were previously denied opportunity, the general class is currently experiencing a similar situation. The fruits of the deserving’s labor shouldn’t go to the undeserving.
We also need to realize that while we discuss development, we cannot also discuss backwardness. It is clear that we cannot advance and will not be able to advance if we continue to demand backwardness; eventually, our progress will become static.
The true backward classes, who are in reality denied access to school, employment prospects, etc., should benefit while the core principle for the introduction of reservation policy should be preserved.
This reservation policy shouldn’t be used as a stepping stone by individuals who are only using the label of belonging to a lower class and are interested in nothing more than making money or pursuing other connected pursuits.
INDIAN CONSTITUTIONAL RESERVATION
Articles 15 and 16 of the Indian Constitution contain special provisions for the advancement of underprivileged classes.
Dr. Bhimrao Ramji Ambedkar once said, “Equality may be a myth, but one must accept it as a ruling concept.”
The ideas of equality before the law and equal protection under the law are emphasized in Article 14. The notion of equal protection of the laws states that everyone at equal levels should be treated equally, whereas the first is deemed to be negative in character because it opposes special privileges in favor of an individual.
Any class of people who are socially and educationally disadvantaged, as well as the Scheduled Castes and Scheduled Tribes, are given particular consideration under Article 15(4). The state can use this to develop special policies if there are OBCs in the legislature, public employment, and educational institutions.
IMPORTANT CONSTITUTIONAL ARTICLES REGARDING THE RESERVED CATEGORY
• Article 15 (5) Reservation for Backward, SC and ST classes in private educational institutions has been added by the 93rd amendment, which was passed in 2006.
• Chapter 16 (4B) The constitutional 81st Amendment Act of 2000 included Article 16 (4 B), which eliminates the requirement of a minimum of 50% reservation on the total number of vacancies in that year and permits the state to fill the unfilled SC/ST-reserved vacancies of a year in the next year.
• According to Article 39 A’s Directive Principles of State Policy, States must provide economically disadvantaged classes with access to justice and free legal representation. Important Constitutional Articles Regarding the Reserved Category Article 15 (5) Reservation for Backward, SC, and ST classes in private educational institutions has been added by the 93rd amendment, which was passed in 2006.
• Chapter 16 (4B) The constitutional 81st Amendment Act of 2000 included Article 16 (4 B), which eliminates the requirement of a minimum of 50% reservation on the total number of vacancies in that year and permits the state to fill the unfilled SC/ST-reserved vacancies of a year in the next year.
• According to Article 39 A’s Directive Principles of State Policy, States must provide economically disadvantaged classes with access to justice and free legal representation.
• According to Article 341, the President has the authority to declare certain castes to be declared Scheduled Castes both nationally and in certain states.
• The President is empowered by Article 342 to declare which castes in the country and which states are to be treated as Scheduled Tribes.
• The President is empowered by Article 342 A to declare which castes in the country and which states are to be deemed Backward Classes.
• The establishment of a National Commission for Scheduled Castes, Scheduled Tribes, and Backward Classes is required by Articles 338, 338 A, and 338 B.
• SCs and STs are specifically reserved under Articles 330 and 332 for the State Legislative Assembly and the Parliament, respectively.
• Seats in panchayats are reserved for SCs and STs under Article 243D.
• SCs and STs are guaranteed seats in every municipality under Article 233T.
• According to Article 335, the needs of SCs and STs must be taken into consideration in order to keep the administration functioning effectively.
• The Fifth Schedule of the Constitution lays forth the guidelines for administering Scheduled regions. It ensures the establishment of Tribes Advisory Councils with three-fourths representation from the local tribes in states with Scheduled Tribes but without Scheduled Areas.
• The new reservation was established by the legislature in the 103rd Constitutional Amendment Act of 2019. The EWS, or economically poorer parts of society, now have a 10% reservation thanks to this modification. Additionally, it grants EWS admission to both public and private educational institutions as well as preference for jobs in the public sector.
LANDMARK JUDGEMENTS
• Indra Sawhney V. Union of India– The Mandal Case
9th Judge Constitution By a vote of 6:3, the Supreme Court’s bench ruled that the Union Government’s decision to reserve 27% of its jobs for members of underprivileged social classes—including those from the Creamy Layer—is constitutionally valid. Seats may only be reserved for initial appointments; promotions are not permitted. The total number of reservations may not be more than 50%. Accordingly, the court partially upheld the validity and enforceability of the two contested notifications (OM) dated August 13, 1990, and September 25, 1991, subject to the conditions stated in the ruling that socially advanced individuals and the Creamy layer within Backward Classes are excluded. The Congress Government’s OM reserving 10% of Government positions for economically deprived people, however, was overturned by the court.
Articles 16(4-A) (via the 77th Amendment) and 16(4-B) (through the 81st Amendment) were added following the precedent-setting Mandal case. Nothing in this Article, according to clause 4-A, shall prevent the State from establishing any reservation for the Scheduled Castes and Scheduled Tribes who, in the State’s opinion, are not adequately represented in the services under the State, in matters of promotion to any class or classes of posts in the service of the State.
In backlog positions that couldn’t be filled in prior years due to a lack of qualified candidates, Clause 4-B proposes to eliminate the 50% cap on the reservation for SCs/STs and OBCs. 85th Amendment Act replaces the words “in matters of promotion to any class” in clause 4- A of Article 16 with words “in matters of promotion, with consequential seniority, to any class.”
• State of Madras v. Smt. Champakan Dorairajan [1951] S.C.R. 525
This case was the result of the Madras government issuing an order enforcing communal G.O.s with respect to medical colleges. The order specified proportions for reservation of seats in medical colleges with respect to the caste one belonged to. While the objective of the order was to help the backward classes, the special bench of seven judges struck down the order, claiming it to be unconstitutional towards of Articles 15(1) and 29(2) of the Constitution. • Maratha Quota Case (2021) Reservations beyond the 50% ceiling limit are illegal, according to a five-judge Supreme Court constitution bench. The bench of Justices Ashok Bhushan, L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta, and S. Ravindra Bhat overturned the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, which gave the Maratha community more reservation than the 50% ceiling limit earlier set by the Supreme Court.
SOCIAL IMPACT
The caste-based reservation system in India is evaluated in the article. The Indian reservation system’s primary declared goal is to give poor people more possibilities for social advancement. The Scheduled Caste and Scheduled Tribes have chances thanks to the quota system. In addition to further dividing society, reservations are working counter to their primary goal. It is unfair to use it to advance one segment of society at the expense of another. Instead of this, everyone should have equal possibilities, and a qualified candidate does not require a certificate proving they are a member of a lower caste to demonstrate their value. His intellect, education, and capacity for competition are what can effect change. You won’t get anything by taking a seat and presenting your unprivileged certificate; you will only get a job or a degree. Additionally, India’s reservation policy is producing a workforce that lacks the skills necessary to compete on a global scale. India needs people for its growth and development, but the reservation system also attracts ineligible applicants. Fighting against the reservation system, which by itself will bring about growth, competence, equality, and unity, is crucial if we are to eradicate casteism. Although it is evident that our constitution favours reservations, the phrase “backward classes” is not defined there.
Therefore, how can caste be a criterion for reserving when there are many children from forward classes who are economically less fortunate but who are not eligible for the benefits of such reservation simply because they fall under the “generic” category? When compared to a child who worked extremely hard for months to get a seat, these children from the underprivileged classes occasionally do not even deserve it and still have the necessary merit, thereby stealing that seat just because he belongs to a particular religion or caste for which our government offers reservation. It’s time to start using economic criteria instead of this reservation-based one. It was determined that “caste of a person cannot be the sole factor for determining whether a certain caste is backward or not” in the case of Balaji v. State of Mysore (AIR 1963 SC649). The United States has long since stopped using quotas for affirmative action. They have established a point system wherein applicants from underrepresented groups—such as Black people, residents of underdeveloped areas, immigrants, etc.—are
awarded a few extra points during the admissions and appointment processes. Reservations serve only to strengthen politicians’ voter bases. They are impeding the nation’s ability to grow, develop, and excel in every way. In light of the current situation, it is necessary to put aside narrow vote-bank politics and think honestly about how to improve the lives of the poor and pursue policies and programmes that will help them. More emphasis should be placed on educational initiatives, and those who merit it—such as those who are economically disadvantaged—should receive reservation benefits rather than those based on caste. Since reservations are not the sole way to empower the underprivileged, efforts must be made to make the most of the educational facilities. Policies that provide essential necessities like education and shelter must be implemented effectively. After achieving self-sufficiency, backward classes should be included in the general category; this will cut down on the number of these castes and increase the amount of quota.
SUGGESTIONS AND SOLUTUIONS
It is agreed that the issues raised by those opposed to reservation are real while thinking of a remedy to the aforementioned argument. Caste-based reservation is no longer necessary in the modern world and is depriving people who are really economically disadvantaged of chances.
Additionally, the harsh quota system, which has nothing to do with casteism, only serves to further divide society, resulting in discrimination and conflicts between various groups. In actuality, it is the opposite of communal life.
Regardless of the number of children a family may have, reservation benefits should be limited to a maximum of two children per family. This would assist to control the OBC population, which would eventually lead to a drop in their representation and give way to the concept of equality.
If we use rural areas as an example, a person from the general category may experience economic hardship on par with an OBC member; but, under the reservation criteria, only an OBC member will be given preference in educational institutions or government jobs.
CONCLUSION
Due to the pervasive dominance of the caste system in Hindu society, certain castes were subjected to atrocities, social backwardness, and economic hardship. This was why India’s quota policy was implemented.
This justification has lost some of its meaning in the present period, and instead of the castes receiving the benefits of the reservation system that are actually not intended for them, the others are reaping those benefits. The reservation system is now only used by politicians to build their support bases. Since the people fighting for reservations in Gujarat were not in any way socially or economically disadvantaged, the Patels of Gujarat’s recent agitation to be included in the OBC category shocked the entire country.
The quota system in the State of Tamil Nadu proved to be a disaster for society since the Brahmans had successfully positioned themselves on the bandwagon of the underprivileged and had benefited greatly from it.
Following the precedent-setting Mandal Case, the Creamy Layer has been removed off the list of Scheduled Castes, Scheduled Tribes, and OBC for these potential reasons.
When Justice Ravindran correctly observed the hazards of the current reservation tendency in one of the key cases of Ashok Kumar Thakur v. Union of India, he concluded that when more people strive for backwardness rather than forward progress, the nation as a whole stagnates.
It is very difficult to judge if reservation policy is good or bad because those who benefit from it always support it and say it is excellent, while others who lose money as a result of the system usually criticise it and say it is bad. However, the idea and the justification for the policy’s adoption are more important than whether the reservation policy is good or bad. If that reason is losing its essence, then, of course, the reservation policy would gradually turn out to be bad.
The political indulgence in the reservation process has only become a tactic to win over more voters rather than a noble objective. Additionally, the reservation criteria have received a lot of criticism. The sole proof that someone is from a caste that is socially and economically backward is sufficient to profit under the guise of reservations. The socially and economically disadvantaged classes are not genuinely in a practical and true sense socially and economically backward.
The reservation policy is appropriate as long as a suitable applicant is not denied an opportunity due to the widespread reservation system. There is no justification, in my opinion, for admitting less deserving pupils over more worthy ones. If these groups of people were previously denied opportunity, the general class is currently experiencing a similar situation. The fruits of the deserving’s labour shouldn’t go to the undeserving.
We also need to realise that while we discuss development, we cannot also discuss backwardness. It is clear that we cannot advance and will not be able to advance if we continue to demand backwardness; eventually, our progress will become static.
The true backward classes, who are in reality denied access to school, employment prospects, etc., should benefit while the core principle for the introduction of reservation policy should be preserved.
This reservation scheme shouldn’t be used as a stepping stone for those who are socially and economically far more secure than the general class but are simply walking around with the label of belonging to a backward class.
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