TOPIC- THE POLICY OF RESERVATION IN INDIA

HYPOTHESIS-

For a country that has scarce and limited public resources, reservations unquestionably have important social,
economic and political implications. Since the day caste-based reservations were implemented in India, there
has been simmering disgruntlement among the groups. The resentment may have increased over the past few
decades due to the expansion of reservation policy, which now incorporates backward classes as well. Despite
the continuation of reservations for over six decades, discrimination against Dalits is still a part of everyday
life. A 2006 book by Ghanshyam Shah and co-authors Untouchability in Rural India, suggests that there have
been important improvements in recent decades, but that equal treatment has certainly not been
achieved. There is a critical need to revise, refine and improve reservation policy in India depending upon its
dynamic needs.

The framers of the Constitution believed that, due to the caste system, SCs and the STs were historically
oppressed and denied respect and equal opportunity in Indian society and were thus under-represented
in nation-building activities. The Constitution laid down 15% and 7.5% of vacancies to government aided
educational institutes and for jobs in the government/public sector, as reserved quota for the SC and ST
candidates respectively for a period of five years, after which the situation was to be reviewed.

The issue of reservation has remained a cause of disagreement between the reserved and the non-
reserved sections of the society. While the unreserved segments, keep on opposing the provision, the
neediest sections from within the reserved segments are hardly aware about how to get benefited from
the provision or even whether there are such provisions.

On the contrary, the creamy layer among the same segment is enjoying special privileges in the name of
reservation and political factions are supporting them for vote banks. Reservation is no doubt good, as
far as it is a method of appropriate positive discrimination for the benefit of the downtrodden and
economically backward Sections o, the society but when it tends to harm the society and ensures
privileges for some at the cost of others for narrow political ends, as it is in the present form, it should be
done away with, as soon possible.

INTRODUCTION

Reservation in Indian law is a form of affirmative action whereby a percentage of seats are reserved in
the public sector units, union and state civil services, union and state government departments and in all
public and private educational institutions, except in the religious/ linguistic minority educational
institutions, for the socially and educationally backward communities and the Scheduled Castes and
Tribes who are inadequately represented in these services and institutions. The reservation policy is also
extended for the Scheduled Castes and Scheduled Tribes for representation in the Parliament of India.
The Preamble of the Indian Constitution declares to secure Justice-Social, Economic and Political
among all its citizens. So the constitution not only abolishes discriminations against any citizen on the
grounds of religion, race, caste, sex etc., it also attempts to compensate the age-old discriminations and
exploitation of the lower strata of the society. Along with the provisions for equality, it provides for
protective discrimination in favour of the weaker sections of the society in a way of reservation of seats
in the legislature and employment in government jobs.

The caste system and the provision of reservations go together in India. Indian social system is a caste
based hierarchical system. The lower caste people were exploited by the high castes and had suffered the
demerits of socio-economic underdevelopment. The aim of reservations is to uplift the weaker sections
of the society i.e. Scheduled Castes and Scheduled Tribes at par with the other sections. Though it
appears as a violation of the principle of equality, yet its justification is sustained by the obligation of a
social welfare state.

The Constitution (Art. 46) provides that the state shall promote with special care the educational and
economic interests of the weaker sections of the people, particularly of Scheduled Castes and the
Scheduled Tribes. The first Constitutional Amendment Act of 1951 has added clauses 4 to Art. 15 and it
provides that nothing shall prevent the state from making any special provision for the advancement of
any socially and educationally backward class of citizens or for the SCs and STs.

Art. 16(4) further provide that the state may reserve any post or appointment in favour of any backward
class of citizens, if in its opinion; they are not adequately represented in the services under the state. But
Art 335 lays down that their claim for appointment shall be taken into consideration if it is consistent
with the maintenance of efficiency of administration.

Art. 338 provides for a Special Commission for the Scheduled Castes and Scheduled Tribes who
will be appointed by the President. It will investigate all matters relating to the protection of the
interests of SCs and STs and report to the President. It will thus, monitor the implementation
of the reservation policy and help in removing hindrances in the way of the implementation of
this policy.
Art. 334 as amended by the Forty-fifth Amendment of the Constitution in 1980 provides for the
reservation of seats for SCs and STs in the House of the People and in the Legislative
Assemblies of the States.
Scheduled Caste:
The Constitution has defined the term Scheduled Castes. Art. 366(24) says SCs are such castes,
races or tribes or parts of groups within such castes, races or tribes as are deemed under Art.
341 of the Constitution. Art. 341 provide that the President after consultation with the
Governor of a State will specify by a public notification the castes who are to be considered as
SCs.

But ordinarily the Scheduled Castes are low castes who are also treated as untouchables as they
belong to the “Sudra” segment of the Hindu society. They cannot claim the privileges of the
people of upper castes known as “Savarna” or what the English rulers wrongly called the
“Caste Hindus”. The Presidential notification regarding the SCs is not subject to judicial
scrutiny.
A person belonging to a Scheduled Caste must be either a Hindu or a Sikh. This privilege is not
available to the Christians, Muslims, Buddhists etc. In case a person belonging to a SC becomes
a Muslim or a Christian, he cannot have the benefit of reservations.

Scheduled Tribe:
The term “Scheduled Tribes” has not been defined in the Constitution. Art. 366(25) says that
Scheduled Tribes means such tribes or tribal communities as are deemed under Art. 342. This Art
empowers the President to notify publicly such tribes or tribal communities.

The Parliament has the power to make any alteration in the list of such SCs and STs by means
of addition or subtraction of any name. While the SCs lose protected status on conversion to
Christianity or Islam, it is not so in the case of STs.
Initially, the reservations were to be for a period of 10 years i.e. only up to 1960. However, the
period was repeatedly increased. In October 1999, the 84thConstitutional Amendment Act
further enhanced the provision of reservation for 10 years i.e. 2010. It can even get a further
extension in 2010.
Backward Class:
Since 1994, another beneficiary group known as “Other Backward Class” (OBC) has come
under the reservation policy. The term “Backward Class” however, has not been defined by the
Constitution. Art. 340 provides for the appointment of a Commission to investigate the
conditions of “Socially and Educationally Backward” classes and to suggest measures for the
improvement of their condition.
In pursuance of this provision, the Government of India appointed a Backward Classes
Commission in 1953 under the chairmanship of Kaka Kalekar submitted its report in 1955. But
the Commission’s report as not unanimous in its recommendations. It related backwardness of
a class to its low position in the traditional caste hierarchy of Hindu society, lack of general
educational advancement and inadequate representation in Government services and also in
the field of trade, commerce and industry. It also treated all women as a backward class.
The Commission identified 2399 backward castes which were deemed eligible for special
reservation. Due to lack of unanimity, the Government of India did not implement the report.
The Janata Party Government set up the second Backward Classes Commission in 1978 under
the chairmanship of Bindheswari Prasad Mandal which submitted its report in 1980.
This report came to be popularly known as the Mandal Commission Report. Alongwith the
caste structure, the Commission laid down some social, economic and educational standards
for determining backwardness of the people. The Commission held that in all, there were 3743
Backward Castes which included members of religious and other communities and it
constituted 52% of the total population.
It also recommended that the members of Backward Castes should get 27% of reservations in
respect of the governmental jobs and seats in educational institutions. The Commission also
accepted that after a change of religion, the backward classes continued to live with caste based
values and backwardness and could not become free from these. So they should continue to get
the facility of reservation even after conversion.
1. The Commission recommended that reservations for OBCs should apply to all government
institutions, public undertakings, government-aided private institutions, universities and the
 colleges under the universities. It also recommended that for implementing the system of
reservations, a Backward Class Development Corporation should be established.
2. The National Front Government of Prime Minister V.P. Singh accepted the recommendations
in 1990 for implementation. But the decision of the government was challenged before the
Supreme Court which stayed the implementation of the order. In 1991 P.V. Narasimha Rao
Government decided to provide 10% of reservation for the economically backward people of the
high caste. But the Supreme Court held that in no case, the reservation shall be more than 50%
and the benefit of reservation shall not be available in respect of promotions in jobs.
3. The 27% of reservations for the OBCs shall not be available to the socially and economically
well developed members of the castes. Thus, the creamy layer of OBCs will be deprived from
reservation. Reservation facility is not available to Muslims and Indian Christians who are now
demanding additional job reservations for themselves.

Statement of Purpose

1. To critically evaluate the Reservation Policy of India

2. To study its origin and relevance from a historical perspective
3. To judge the efficacy of this policy in the uplift of downtrodden sections of the
society
4. To study the difference between caste based reservations practiced in India today
and reservations based on economic status, deemed to be fit for India
5. To understand whether there is the need of this policy in India in the present

Discussion

The Reservation Policy of India has seen diverse criticisms. However, it is important to understand what led
the makers of the Constitution adopt reservation for the minorities, and how different was it from the
current policy implemented in India. The Caste System, as a social institution, had existed in the Indian
society since the Later Vedic Period. Andre Beteille defines caste as
“a small and named group of persons characterized by endogamy, hereditary membership, and a specific style of
life which sometimesincludes the pursuit by tradition of a particular occupation and is usually associated with a more or
less distinct ritual status in a hierarchical system.”
Thus, this system which became more prevalent with successive periods of Indian History, was exploited further
by the English Colonialists to create a divide among the people in the society for the satisfaction of their needs.
This led to Separate Electorates introduced by the Indian Councils Act, 1909 that aroused the Dalit community,
which demanded the same. However, the Indian nationalist leaders were able to take the Dalits to their side by
accepting reservations for these downtrodden sections of the society. An important reason why the Indian leaders
accepted Partition was because they wanted the new Constitution of India to be rid of the undemocratic “Separate
Electorates”. Thus, the only way left to ensure the support of the Dalits and other backward classes was
reservation. However, it must be noted that reservation, during the drafting of the constitution was limited to
reservation in seats of legislature. It was only after the recommendations of the Mandal Commission were adopted,
the reservation policy saw a vast change. During the research, it was found that reservation had various positive
sides that remain unknown to the mainstream society. It has helped to bring about “social justice” in the society
under the concept of Welfare State enshrined in the Constitution. Indian reservation system is based not on
economic conditions but on social and educational backwardness. Surveys have revealed that the majority of slum
dwellers, manual scavengers and other people who indulge into menial economic activities belong to the backward
castes. This has continued generations after generations due to lack of ignorance, prevalence of caste based
discriminations etc. Supporters of the reservation policy also argue that it does not bring further inequality in the
society but aims to bridge the gap between the upper sections and lower sections of the society. Lack of
representation of the backward classes in politics, educational institutes and employment avenues gives rise to the
need for reservation. It must also be noted that this policy has helped people from the lower sections make a mark
in the society. Moreover, the question of further discrimination in job opportunities does not arise because more
than 95% of jobs in India are under the private sector and no reservation exists outside the public sector. Thus, the
reservation provided in jobs is minimal. There have been questions on the fact that reservation has made the India economy
suffer. However, it must be noted that India, even after following the reservation policy, has been one of the leading economies
of the world. Moreover, the scrapping of the reservation policy will lead to fall of literacy rate in the country and make it
impossible to uplift the downtrodden sections of the society.