Abstract

This article attempts to analyse the implications of the anti-reservation agitation for the total structure of
Gujarat society. It argues that the system of reservations, even though introduced by the State, has now become
a weapon in the hands of the various deprived groups in their struggle against socially entrenched upper caste
and upper class interests. These sections want to maintain the social and economic status quo under the cover
of seemingly progressive ideology and demand that 'merit' and not 'caste' should be the determining factor in
higher education, jobs, promotions, etc. In insisting upon reservations and by adhering to what might appear as
a particularist ideology, the scheduled castes and tribes and other socially disadvantaged groups are actually
attempting to break this status quo.

Introduction
Reservation Policy in India is a process of reserving certain percentage of seats
(maximum 50%) for a certain class such as Scheduled Castes, Scheduled
Tribes, Backward classes, etc. in Government educational institutions,
government jobs, etc.

The reservation policy is an age old policy being practiced in India. Its origin has
its roots scattered from the ancient times when the practice of ‘untouchability’,
caste system and Varna system was dominant in the society. In ancient times,
the Hindu society was divided on the basis of Varna, Jatis or classes and they
were as follows in the descending order of their social hierarchy- the Brahmans,
the Kshatriyas, the Vaisyas and the Shudras. There was another class of people
or rather no class people known as “untouchables” or “avarna” that is who has
no class. These untouchables were considered to be impure for society and were
excluded from the social system. They had to reside outside the village and had
no social rights. In some parts of the country such as Southern India, if even
their shadow was casted on the upper-class people then it was considered that
the person has got impure. There were strict restrictions on them for social
gatherings and social life and if they violated any social norm, they were
severely punished and in some cases were even killed. The division of society
on the norms of purity and impurity was a very cruel system, and it had
adverse effects on the development and growth of these lower class people
where the skill and labor of an individual were recognized merely on the ground
of him being a member of a lower caste. The epics like Mahabharata also quote
of many instances wherein a warrior like Karna was not allowed to showcase his
talent merely on the ground of him being a Shudra. He was often referred to as
‘Shudra Putra’ and humiliated because of his caste. The then prevalent caste
system was a major reason for the advent and advancement of the Reservation
Policy in India. The idea of giving reservations to a certain class of people
originated because of the prevalent atrocities being done on the certain class of
people. To give them an equal opportunity, an equal status in society, to uplift
them socially, to bring them at par with other sections of society and moreover
to bring development in the lower strata of society, were the reasons for the
adoption of Reservation Policy in India.

So let us have a look at the various aspects of Reservation Policy in India.

Reservation Policy in Pre- Independence Era

The legal origin of Reservation Policy in India began with lying down of the
Government of India Act, 1919 which came during the turbulent period of World
War I. During this period, the British were more focussed on Europe rather than
on India yet they passed much important and significant legislation that aimed
at the development of the Indian Territory. This Act of 1919 not only introduced
several reforms for the Indian Governmental institutions but also addressed
many issues of minorities including the formation of communal electorates.
Though the system was criticized firmly by Montague-Chelmsford as a system
that could be a hindrance to the self-development policy but because Muslims
already had a communal electorate through the Minto- Morley reform of 1909
and, therefore, they found it unfeasible to take away the separate electorates of
Muslims.

After this the Communal Award and the Poona Pact of 1932 came into force
wherein the Prime Minister Macdonald announced the communal award where
the separate representations were to be provided to Muslims, Sikhs, Indian
Christians, Anglo- Indians, Europeans and Dalits Depressed classes’ were
assigned a number of seats that were to be filled by election from special
constituencies in which voters belonging to the depressed classes could only
vote

The award brought in criticism from Mahatma Gandhi but was strongly
supported by Dr. BR Ambedkar and other minority groups. As a result, of the
hunger strike by Mahatma Gandhi and widespread revolt against the award, the
Poona Pact of 1932 came into being which brought in a single general electorate
for each of the seats of British India and new Central Legislatures. The stamping
of the provisions of Poona Pact, 1932 were done in The Government of India Act
of 1935 where reservation of seats for depressed classes was allotted. This was
the scenario before the independence of India.

After the Act of 1919, the controversial Simon Commission came up in 1927 to
scrutinize the Montague- Chelmsford reforms. After touring the entire Indian
provinces, their representatives proposed for combining separate electorates
and reserving seats for depressed classes and demand for the wider franchise
was there as the economic, educational and social position of these depressed
classes did not allow them to vote properly. To stamp and scrutinize the report
of Simon Commission and the reforms proposed by them and how to
incorporate them into new Constitution, a Round Table Conference was
convened in London in 1931. There were many Indian delegates from various
interests groups. The conference was chaired by Prime Minister Ramsay
Macdonald. There were appeals for separate electorate from B.R Ambedkar but
Mahatma Gandhi strongly opposed the appeal for separate electorate for
depressed classes and because of this strong opposition from Mahatma Gandhi
and Congress the issue of minority remained unresolved in the Conference.
Post- Independence Era
Post- Independence the scenario changed and the reservation policy gained
even more momentum than the pre-independence era. The Constituent
assembly chaired by Dr. B.R Ambedkar framed the reservation policy and many
Articles in the Indian Constitution were dedicated for the same.

Article 15(4) – Special Provision for Advancement of Backward

Classes-

Article 15(4) is an exception to clauses 1 and 2 of Article 15, and it was added
by the Constitution (1st Amendment) Act, 1951, as a result of the decision in
State of Madras v. Champakam Dorairajan[1]. In this case, the Madras
Government had reserved seats in State Medical and Engineering colleges for
different communities in various proportions on the basis of religion, caste and
race. The state defended the law on the ground that it was enacted with a view
to promote the social justice for all the sections of the people as required by
Article 46 of the Directive Principles of State Policy. The Supreme Court held the
law void because it classified students on the basis of caste and religion
irrespective of merit. To modify the effect of the decisions, Article 15 was
amended by the Constitution (1st Amendment) Act, 1951. Under this clause, the
state is empowered to make provisions for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and
Scheduled Tribes. After the amendment, it became possible for the state to put
up a Harijan Colony in order to advance the interest of the backward classes.

Constitution (93rd amendment) Act, 2006: Provision for

Reservation of Backward, SC and ST classes in private
educational institutions (article 15(5))

The new clause 5 provides that nothing in Article 15 or in sub- clause (g) of
Clause 1 of Article 19 shall prevent the state from making any special
provisions, by law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the Scheduled
Tribes in so far as such special provisions relate to admission to educational
institutions including private educational institutions, whether aided or unaided
by the State, other than the minority educational institutions referred to in
Clause (1) of Article 30..

The above-mentioned amendment has been enacted to nullify the effect of

three decisions of the Supreme Court in TM Pai Foundation v. State of
Karnataka[2], Islamic Academy v. State of Karnataka[3] and P.A Inamdar v.
State of Maharashtra[4].  In T.M Pai and P.A. Inamdar case, it had been held
that the state cannot make reservations of seats in admissions in privately run
educational institutions. In Islamic Academy case, it had been held that the
state can fix quota for admissions to these educational institutions but it cannot
fix fee, and also admission can be done on the basis of common admission test
and on the basis of merit. This Amendment enables the state to make
provisions for reservation for the above categories of classes in admission to
private educational institutions. The Amendment, however, keeps the minority
educational institutions out of its purview. Article 15 prohibits discrimination on
the ground of religion. The evil effect of reservation is well known. The
politicians who claim to take the country to the 21 st century for which higher
education is based on merit is essential, is taking a retroactive step in providing
reservation to less meritorious students to private educational institutions. This
appeasement policy of the government may get them some benefit in elections,
but it would be harmful to the Nation.[5]
Reservation of posts in public employment on the basis of
residence (Article 16(3))[6]

Article 16(3) is an exception to clause 2 of Article 16 which forbids

discrimination on the ground of residence. However, there may be good reasons
for reserving certain posts in State for residents only. This article empowers
Parliament to regulate by law the extent to which it would be permissible for a
state to depart from the above principle.

Reservation for backward classes in public employment (Article

16(4))[7]

Article 16(4) is the second exception to the general rule embodied in Articles
16(1) and (2). It empowers the state to make special provision for the
reservation in appointments of posts in favor of any backward class of citizens
which in the opinion of the State are not adequately represented in the services
under the State.

Other Articles of Indian Constitution covering the Reservation

Policy

Article 17 talks about the abolition of untouchability and declares its practice in
any form to be an offense punishable under law.

The Social Security Charter of Directive Principles of State

Policy under Article 39-A directs the State to ensure equal justice and free
legal aid to Economically Backward Classes and under Article 45 imposes a
duty on the state to raise the standards of living and health of backward
classes.

Articles 330-342 talk about the special provisions for the certain class of
people such as Scheduled Castes, Scheduled Tribes, Anglo –Indians, Linguistic
minorities and OBC.
The relevance of Article 335

Article 335 plays a highly relevant role as a balancing act in the process of

allotting seats on the basis of reservation. The Article in and of itself states that
the State shall take into account the claims of members of Scheduled Castes
and Scheduled Tribes to any seats in administrative positions, but only if
appointing the said members will improve the administrative efficiency. At no
point is the State absolutely required to grant the members these seats solely
on the basis of their social standing.

The article serves as a guiding principle to the State in performing its duties
under it without restricting the claims of the SCs and STs. 

Landmark judgments regarding reservation

Indra Sawhney V. Union of India [8]– The Mandal

Case
The 9 Judge Constitution Bench of the Supreme Court by 6:3 majority held that
the decision of the Union Government to reserve 27% Government jobs for
backward classes provided socially advanced persons- Creamy Layer among
them are eliminated, is constitutionally valid. The reservation of seats shall only
confine to initial appointments and not to promotions, and the total reservations
shall not exceed 50 per cent. The court accordingly partially held the two
impugned notifications (OM) dated August 13, 1990, and September 25, 1991,
as valid and enforceable but subject to the conditions indicated in the decision
that socially advanced persons- Creamy layer among Backward Classes are
excluded. However, the court struck down the Congress Governments OM
reserving 10% Government jobs for economically backward classes among
higher classes.
After the landmark Mandal case, Article 16(4-A) (through 77 th Amendment) and
16(4-B) (through 81st Amendment) were added. According to clause 4-A,
nothing in this Article shall prevent the state from making any provision for
reservation in matters of promotion to any class or classes of posts in the
service of state in favour of the Scheduled Castes and Scheduled Tribes which in
the opinion of the State, are not adequately represented in the services under
the State.”

Clause 4-B seeks to end the 50% ceiling on the reservation for SCs/STs and
BCs in backlog vacancies which could not be filled up in the previous years due
to the non- availability of eligible candidates.

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.”

M.R. Balaji and Ors. v. State of Mysore

AIR 1963 SC 649
The State of Mysore issued an order declaring all communities except the
Brahmin community as socially and educationally backward under Article
15(4) of the Constitution and reserving a total of 75 per cent seats in
Educational Institutions in favor of SEBCs and SCs/STs. Such orders were
repetitive in nature. They were being issued every year, with little to no
variation in the reservations being allotted.

When this order was challenged in the Supreme Court under Article 32 of the
Constitution, the 5-judge bench struck it down claiming that backwardness is a
social and educational factor, both. Though caste in relation to Hindus may be a
relevant factor to consider, in determining the social backwardness of a class of
citizens, it cannot be made the sole and dominant test.
It was also stated that while there is no definite spectrum for granting
reservation, it should still be defined in a broad way, and must be less than 50
per cent.

State of UP v. Pradeep Tandon

AIR 1975 SC 563.
The State Government had issued an order which called for reservation of seats
for students in medical institutions. This reservation was extended to candidates
from –

 Rural areas
 Hill areas
 Uttarakhand area

This order was challenged in the Supreme Court. The classification on

geographical and territorial areas which was observed by the Court was made
so due to the candidates from these areas being regarded as socially and
culturally backward classes.

That being said, the court termed the reservation for the candidates from hill
areas and Uttarakhand valid, as the absence of means of communication,
technical processes, and educational facilities kept the poor and illiterate people
in the remote and sparsely populated areas backward.

However, the same comfort of reservation was not extended to candidates

hailing from rural areas. It was held invalid that the division of the people on
the ground that the people in the rural areas were poor and those in the urban
areas were not, as the same was not supported by the facts.
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. 

Why is reservation important in India?

The concept of reservation was introduced to combat a long-existing practice of

discrimination and stereotyping within the rural Hindu communities, which were
divided into castes. Some castes were ranked as higher up, and the others were
low-tier, with the former often discriminating against the latter. 

In terms of its importance, the need for reservation can be looked at from one
of two perspectives, those being a legal perspective and a socio-cultural
perspective.

Legal Sense
The discrimination faced by these marginalized groups was indicative of the
constant oppression faced by them, dealt out by those considered to be of a
‘higher’ class than them.
The makers of the Constitution felt that these classes needed to be a part of the
law-making procedure, and special provisions had to be granted to them to
incorporate them into the process. 

This incorporation was meant as an upheaval process for said backward classes
in order to mitigate most of the oppression faced by them during the casteist
era. This was done by granting them equal rights, opportunities, and special
reservations to ensure their participation in the legal framework of the country.

Socio-Cultural Sense
To delve further into the social and cultural background of casteism and
reservation, we have to clearly establish the varna system in the Hindu religion,
consisting of the Brahmins, the Kshatriyas, and Vaishyas originally. A fourth
sect by the name of Shudras also developed who existed as cleaners, meant to
serve the three ‘higher’ sects. 

Apart from these four sects, people who were not classified under the varna
system were regarded as ‘Dalits’ or untouchables. Their existence and touch
were believed to pollute everything near them. They were relegated to perform
tasks which were considered ‘impure’ such as cremation, etc. Over time, this
practice has also bled into other religions like Christianity and Islam, who
discriminate against those who are considered to be of a ‘lowly birth’.

This created a pertinent reservation in the Indian society and culture to save
these persecuted communities from further oppression and to promote their
development and education, thus leading to the formation of the reservation
system.
Debate on Reservation 

While reservation has been an integral part of the Indian legal system for a long
time, in recent times, its necessity has come under scrutiny. While people are
not against the idea of reservation, it is the prevalence of caste-based
reservation that stirs up controversy.

It is often argued that after more than 70 years of enjoying reservation, the
backward classes have been empowered, both economically and socially, to a
large extent. As such, the reservation of seats is not a necessity for them, and
such seats should instead be reserved for economically weaker sections of
people. Their argument is further strengthened due to the existence of the
creamy layer system, in which even well-off members of backward classes are
entitled to the same amount of reserved seats that other members of their class
hold. However, this issue is also looked at through another perspective, and
that is not by blaming the reservations for minorities, but the lack of job
opportunities generated for the people.

Suggestions and Solutions

When considering a solution to the above debate, it is acknowledged that the

problems cited by those against reservation are true. Reservation through a
caste-based system has become redundant in the modern age and is taking
away opportunities from those who are actually underprivileged in economical
terms.

Moreover, the reservation system only divides the society leading to

discrimination and conflicts between different sections since it is oppressive and
does not find its basis in casteism. It is actually the converse of communal
living.
Reservation benefits, if provided, should be restricted to a maximum of two
children per family, regardless of the number of children they may have, which
would help in regulating the population of OBCs which will eventually result in a
decrease in their representation, giving way to the principle of equality.

If we take situations in rural areas as precedence, economically, a person of the

general category may suffer economically just as much as a member of an OBC,
however, under the reservation criteria, only the person belonging to the OBC
will get a reservation in an educational institution or government job. 

The Road Ahead

Difference between quota and reservation – what is

the need of the hour?
Reservation and quotas are interrelated mechanisms. Without assigned
reservations, a quota cannot exist. Reservation is the act of setting a part of
something aside for a specific purpose. A quota for a reservation dictates how
much of that particular thing will be set aside in accordance with the
reservation.

In India’s case, the act of reservation is reserving seats in educational

institutions, and certain places of employment, for certain castes and classes of
society which are considered ‘backward’, those being the Scheduled Castes,
Scheduled Tribes, Other Backward Castes, etc. Quotas for the same define how
much percentage of total seats will be assigned to each individual minority
group.

As such, the need of the hour falls less on quotas themselves but on reservation
as a practice. Reservation is the need of the hour, but not in its current state.
Reservation needs to be altered in a manner wherein it provides seats for
sections of society who are economically weak, instead of reservations on the
basis of societal differences.

If such a change, while drastic, was to be implemented, it would lead to the

dissolution of a lot of communal strife that exists due to caste-based
reservations, while also guaranteeing reserved seats for those who are in actual
need of it.

Is reservation alone enough to ensure community

development?
When it comes to community development, reservation is a double-edged
sword, and the two edges are the different types of reservations offered. 

When a reservation is referred to in its traditional sense, it actually causes more

harm than good. When society and opportunities for the people are divided on
the basis of caste and class, it creates a division between said classes which
hampers communal harmony and growth.

However, if the reservation policy was reversed to guarantee seats to sections

of society which were weaker economically, it would create a sense of common
upbringing which the people who were economically well-off would feel towards
the economic minorities.

Conclusion

The reservation policy in India was adopted with a reason to uplift certain castes
who were subjugated to atrocities, social and economic backwardness due to
the prevalent dominance of caste system in Hindu Society.
This reason has somewhere lost its essence in the modern era, and the castes
that should be actually benefitted are not being benefitted, and the others are
reaping the benefits of the reservation system that is actually not meant for it.
Today, the reservation system has just become a tool for politicians to gain vote
banks. The recent agitation from the Patels of Gujarat to include them in the
category of OBC was shocking for the entire nation, as the people who were
agitating to get reservations in the state of Gujarat were in no ways socially and
economically backwards.

In the State of Tamil Nadu, the reservation system proved to be a havoc for the
society wherein the Brahmans had very cleverly churned themselves down in
the league of the backward bandwagon and had gained enormously from the
reservation system.

For these possible reasons, the Creamy Layer has been excluded from the list of
Scheduled Castes, Scheduled Tribes and OBC after the landmark Mandal Case.

In one of the landmark decisions of Ashok Kumar Thakur v. Union of India,

Justice Ravindran smelling the dangers from the present trend on the
reservation had rightly opined that when more people aspire for backwardness
instead of forwardness, the Country itself stagnates.

It is quite impossible to declare Reservation policy as good or bad as those

benefitting from it would always support it and declare it to be good while those
who are being at a loss because of the system would always curse it and
declare it to be bad. But what matters the most is not that whether the
reservation policy is good or bad instead what matters is the idea and the
reason behind its adoption. 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 process of reservation has merely reduced from a
noble idea to a strategy to increase the vote bank. Moreover, a lot of criticism
has been made on the criteria of reservations. The socially and economically
backward classes are not actually in practical and real sense socially and
economically backward, the only stamp of being from a backward caste is
enough to gain profits in the name of reservations.

The reservation policy is good till the point some deserving candidate is not
missing upon his opportunity because of the prevalent reservation system. I
find no reason for giving admissions to undeserving students over deserving
students. If these classes of people have been denied opportunities in past,
then the scenario is being repeated with the general class in the present. The
undeserving should not reap the fruits of the labor of the deserving.

We also need to understand that when we talk about development then

simultaneously we cannot talk about backwardness. If we would demand more
and more backwardness, then it is obvious we cannot move forward, and we
will not be able to move forward, our progress would ultimately get stagnant.

It is also important that the essence of the idea of the adoption of reservation
policy should be maintained, and the actual backward classes who are in real
and not fiction denied access to education, job opportunities etc be benefitted.

This reservation policy should not become a ladder to climb on the stairs of
profit, money and other related interests for those who are just roaming with
the stamp of being a backward class and are actually socially and economically
much more stable than the general class.

“The urge to be one among the backward will gradually lead towards the
stagnation in the development of the country. 

Endnotes 
[1] AIR 1951 SC 226
[2] AIR 2003 SC 355

[3] AIR 2003 SC 3724

[4] Air 2005 SC 3226

[5] The Constitutional Law of India by Dr. JN Pandey, Central Law Agency, page
132.

[6] THE CONSTITUTION OF INDIA BY JN PANDEY, PAGE 155.

[7] THE CONSTITUTION OF INDIA BY JN PANDEY, PAGE 155- 156

[8]  AIR 1993 SC 477

Essay on Reservation Policy in India!

Initially, the percentage of reservation (in 1950 Constitution) provided reservation of 12.5 per cent for
the SCs and 5 per cent for the STs but these percentages were subsequently enhanced in 1970 to 15 per
cent and 7.5 per cent for SCs and STs respectively. The res ervation was provided in jobs, admission to
colleges and universities, and the central and state legislative assemblies.

Our Constitution guarantees/stipulates justice and equality of opportu nity to all its citizens. It also
recognizes that equal opportunity implies competition between equals, and not ‘un-equals’. Recognizing
the inequality in our social structure, the makers of the Constitution argued that weaker sections have
to be dealt with on a preferential footing by the state. A special responsibility was, thus, placed upon the
state to provide protection to the weaker sections of society.

Accordingly, the Constitution provided for protective discrimination under various articles to accelerate
the process of building an egalitarian social order. Thus, prefer ential treatment for the depressed classes
(SCs and STs), including reservation of seats, should not be understood as an act of magnanimity on the
part of the political elite at the national level but rather a strategy to give them a share in power in
politics and administration and to uplift them socially and economically.

ADVERTISEMENTS:

Initially, the percentage of reservation (in 1950 Constitution) provided reservation of 12.5 per cent for
the SCs and 5 per cent for the STs but these percentages were subsequently enhanced in 1970 to 15 per
cent and 7.5 per cent for SCs and STs respectively. The res ervation was provided in jobs, admission to
colleges and universities, and the central and state legislative assemblies.

Later, it was provided in public undertakings and nationalised banks, etc. All state governments also en -
acted laws providing for reservation for the SCs (and STs) in the services under their control. Further,
other concessions like reservation in promotions, etc. were also provided by the governments.

In January 1999, the President of India’s noting in a confidential file pertaining to judicial appointments
to the effect that special quota should be considered for the weaker sections of society like SCs, STs and
women in the appointment of judges in High Courts and the Supreme Court, led to a future in legal
circles and a debate on meritocracy versus protective discrimination.

The controversy is not about whether the President has constitutional power to suggest changes in the
selection process. The issue is: if Chief Justice of India’s argument that merit alone is important in ju -
dicial appointments is logical, why cannot it be applied to other areas like educational institutions,
science laboratories, etc., and if President’s view has logic, why can’t reservations be extended to armed
forces, formation of cabinets, etc. The President’s noting are never casual.

ADVERTISEMENTS:

They are not personal opinions. They carry an official stamp. If judges and senior advo cates believe in
the primacy of merit in judiciary, will the Supreme Court review its earlier judgement given in November
1992 with regard to accepting 27 per cent reservation for the OBCs? The failure of the policy of
reservation to uplift the SCs (and STs) over a period of around five dec ades on the one hand and the
politics of reservation, i.e., the rat race among the political parties to net specific groups like OBCs, Dalit
Christians and the Muslims, and recent demands of some castes (like Jats, etc. in Rajasthan) to include
them in OBC category, on the other, have posed se rious challenges for the society and economy.

The Supreme Court ruling on the ceiling of the reservation limit at 50 per cent and subsequently, the
passing of Tamil Nadu Reservation Act (1993) raising the reservation to 69 per cent and including this
Act in the constitution by 85th amendment to take it beyond judicial review have opened the door with
one state government after another rushing through similar kind of legislations. It is in this context that
the issue of reservation assumes great importance.

The question now raised by many people is: Should we continue res ervations for SCs and STs in
educational institutions, services, Lok Sabha and Vidhan Sabhas? One argument is that these should
have been discontinued ten years from the coming into force of the Constitution. By extending the term
every decade, we are going against the wishes of the Constitution-makers.

It is in fact derecognising merit and depriving the more qualified. The SCs and STs in India together
constitute 24.56 per cent (16.48% and 8.08% respectively) of the total population, OBCs 51 per cent,
economically weaker sections (destitute) 10 per cent, and Mus lims 12 per cent. All this adds up to 97.56
per cent. When nearly the whole country is backward, where is the justification for special measures for
any particular section of the backwards?

ADVERTISEMENTS:

Second argument is that we have tried out the reservation idea to im prove the lot of the weaker
sections for 50 years. If the reservations have really made no difference in their conditions so far, why
persist with such an ineffectual arrangement? The reservation benefits are cornered by the creamy
layer.

Third argument is that this (reservation) policy is being bartered for vote. There will be no objections if
the reservations are provided for under the very concept of the equality of opportunity.

On the other hand, one view is that since the object of reservation (for SCs) has not been achieved, it
should be continued for a few more decades. The other view is that it is time to phase out reservations
slowly. This can be done either by removing the creamy layers or by letting the reservation percentages
taper off to a vanishing point. In fact, this process should have been initiated much earlier. It would have
indeed been a wonderful idea for our nation to enter the twenty-first century as a casteless society.

Our contention is that theoretically, it is inadmissible and practically difficult to scrap the policy of
reservation. We agree with Roy Burman’s view that for some more years, reservation should be
extended to SCs, STs and OBCs.

ADVERTISEMENTS:

However, the policy of reservation has to be scientific and rational. In the given economic and political
structure, caste (or birth or family) should not determine one’s life chances. It is assumed that SCs (and
for that matter STs and OBCs also) represent a homogeneous group but actually they are a
heterogeneous group.

Therefore, following B.S. Bhargava and Avinash Samal (1998: 518), it may be suggested that:

(i) Not caste but income should be given importance in determining backward ness;

(ii) The concept of creamy layer should be applied to SCs (and STs) also;

ADVERTISEMENTS:

(iii) Reservation should be restricted only to the first generation bene ficiaries. The candidates whose
parents have already availed reservation fa cilities in securing a job should not be given the facility again;

(iv) Concession of scholarship may be provided to SC (and ST and OBC) stu dents securing more than the
specified percentage of marks (say, 48%) in high school and graduate courses for getting quality
education in good institutions. All these measures will benefit those who really deserve help.

by Taboola

Sponsored Links

You May Like

Reservation in India
The system of reservation in India is designed to promote, or provide opportunities to the various
legislatures, to government jobs, and to enrollment in higher educational institutions, and can be
regarded as a type of affirmative action policy. The reservation nourishes the historically
disadvantaged castes and tribes, listed as Scheduled Castes and Scheduled Tribes by
the Government of India, also those designated as Other Backwards Classes (OBCs) and also
the economically backward general. It is intended to realise the promise of equality enshrined in
the Constitution.
The Constitution prohibits untouchability and obligates the state to make special provision for the
betterment of the SCs and STs. Over the years, the quota categories have been expanded beyond
those to the OBCs.
Reservation is governed by the Constitution, statutory laws and local rules and regulations. The
SCs, STs and OBCs, and in some states Backward Classes among Muslims under a category called
BC(M), are the primary beneficiaries of the reservation policies. There have been protests from
groups outside the system who feel that it is inequitable because reservation is siphoned off mostly
by the effluent ST/SC's and people in whose name reservation is asked for hardly get benefitted.
Moreover the percentage of reservations has crossed the 50% ceiling limit that the Supreme court
had set.
It is observed that even after 70 years of reservation the backward classes haven't been benefitted
the way they should have been and reservation keeps getting extended after every 10 years. One of
the major reasons for this is no income cap on ST/SC reservations unlike OBC and EWS
reservations where there is an income cap so that once a person is benefitted by reservation and is
capable of earning a livelihood, he is no longer entitled to reservation. As there is no concept of
creamy layer in ST/SC reservations, even the son, grandson and great grand son of any other class
A officer gets the benefits of reservation who himself got reservation. So the benefits get siphoned
off by the effluent ST/SC's and are not able to percolate to the lower strata. Even the supreme court
has directed the central government to introduce creamy layer concept in ST/SC reservation, but this
is not possible because of vote bank politics. So reservation is necessary in a country like India but
rules for availing it should be changed for the overall development of people of backward classes

History[edit]
Before independence[edit]
Quota systems favouring certain castes and other communities existed before independence in
several areas of British India. Demands for various forms of positive discrimination had been made,
for example, in 1882 and 1891.[1] Shahu, the Maharaja of the princely state of Kolhapur, introduced
reservation in favour of non-Brahmin and backward classes, much of which came into force in 1902.
He provided free education to everyone and opened several hostels to make it easier for them to
receive it. He also tried to ensure that people thus educated were suitably employed, and he
appealed both for a class-free India and the abolition of untouchability. His 1902 measures created
50 percent reservation for backward communities. [citation needed] On 16 September 1921, the first Justice
Party (India) government passed the first Communal Government Order (G. O. # 613), thereby
becoming the first elected body in the Indian legislative history to legislate reservations, which have
since become standard across the country.
The British Raj introduced elements of reservation in the Government of India Act of 1909 and there
were many other measures put in place prior to independence. [1] A significant one emerged from
the Round Table Conference of June 1932, when the Prime Minister of Britain, Ramsay MacDonald,
proposed the Communal Award, according to which separate representation was to be provided
for Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans. The depressed classes,
roughly corresponding to the STs and SCs, were assigned a number of seats to be filled by election
from constituencies in which only they could vote, although they could also vote in other seats. The
proposal was controversial: Mahatma Gandhi fasted in protest against it but many among the
depressed classes, including their leader, B. R. Ambedkar, favoured it. After negotiations, Gandhi
reached an agreement with Ambedkar to have a single Hindu electorate, with Dalits having seats
reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate.
This became known as the Poona Pact.[2]

After independence[edit]
After the independence of India in 1947 there were some major initiatives in favour of the STs, SCs
and after the 1980s in favour of OBCs.(Other Backward Castes) and in 2019 for poor general
category . The country's affirmative action programme was launched in 1950 and is the oldest such
programme in the world.[3]
A common form of caste discrimination in India was the practice of untouchability. SCs were the
primary targets of the practice, which was outlawed by the new Constitution of India. [4]
In 2020 , the Ministry of Education suggested that 20 percent of places should be reserved for the
SCs and STs in educational institutions with a provision to relax minimum qualifying marks for
admission by 5 percent wherever required. In 1982, it was specified that 15 percent and 7.5 percent
of vacancies in public sector and government-aided educational institutes should be reserved for the
SC and ST candidates, respectively.[5]
A significant change began in 1979 when the Mandal Commission was established to assess the
situation of the socially and educationally backward classes.[6] The commission did not have exact
population figures for the OBCs and so used data from the 1931 census, thus estimating the group's
population at 52 per cent.[7] In 1980 the commission's report recommended that a reserved quota for
OBCs of 27 per cent should apply in respect of services and public sector bodies operated by the
Union Government. It called for a similar change to admissions to institutes of higher education,
except where states already had more generous requirements. [6] It was not until the 1990s that the
recommendations were implemented in Union Government jobs. [8] In 2019 the government
announces the 10% reservation in educational institutions and government jobs for economically
weaker section of general category.
The Constitution of India states in article 15(4): "Nothing in [article 15] or in clause (2) of article 29
shall prevent the State from making any special provision for the advancement of any socially, and
educationally backward classes of citizens of or for the Scheduled Castes and the Scheduled
Tribes."[9] Article 46 of the Constitution states that "The State shall promote with special care the
educational and economic interests of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation."[10]
The Supreme Court of India ruled in 1992 that reservations could not exceed 50 percent, anything
above which it judged would violate equal access as guaranteed by the Constitution. It thus put a
cap on reservations.[11] However, the recent amendment of the constitution exceeds 50% and also
there are state laws that exceed this 50 percent limit and these are under litigation in the Supreme
Court. For example, in the State of Tamil Nadu, the caste-based reservation stands at 69 percent
and applies to about 87 percent of the population.reservation is not just for SC,ST and OBC
reservation is also for women's and transgender so they can get equal opportunity. [citation needed][citation needed]

Reservation schemes[edit]

Caste reservation share in Union Govt of India administered colleges and jobs.
In employment[edit]
A fixed percentage of India's government and public sector jobs are made exclusive for categories of
people largely based on their caste or tribe.
The 1993 Supreme Court ruling in the Indra Sawhney case said that reservations in job promotions
are "unconstitutional" but allowed its continuation for five years.[12][11] In 1995, the 77th amendment to
the Constitution was made to amend Article 16 before the five-year period expired to continue with
reservations for SC/STs in promotions.[13] It was further modified through the 85th amendment to give
the benefit of consequential seniority to SC/ST candidates promoted by reservation.[14]
The 81st amendment was made to the Constitution to permit the government to treat the backlog of
reserved vacancies as a separate and distinct group, to which the ceiling of 50 per cent did not
apply.[15] The 82nd amendment inserted a provision in Article 335 to enable states to give
concessions to SC/ST candidates in promotion. [16]
The validity of all the above four amendments was challenged in the Supreme Court through various
petitions clubbed together in M. Nagaraj & Others Vs. Union of India & Others, mainly on the ground
that these altered the Basic Structure of the Constitution. In 2006, the Supreme Court upheld the
amendments but stipulated that the concerned state will have to show, in each case, the existence
of "compelling reasons" - which include "backwardness", "inadequacy of representation" and overall
"administrative efficiency - before making provisions for reservation. The court further held that these
provisions are merely enabling provisions. If a state government wishes to make provisions for
reservation to SC/STs in the promotion, the state has to collect quantifiable data showing
backwardness of the class and inadequacy of representation of that class. [17]
In 2007, the Government of Uttar Pradesh introduced reservation in job promotions. However, citing
the Supreme Court decision, the policy was ruled to be unconstitutional by the Allahabad High
Court in 2011.[18] The decision was challenged in the Supreme Court, which upheld it in 2012 by
rejecting the government's argument because it failed to furnish sufficient valid data to justify the
move to promote employees on a caste basis.[19]

In education[edit]
In India scholarships or student aid is available for—SCs, STs, BCs, OBCs, women, Muslims, and
other minorities. Only about 0.7% of scholarships or student aid in India is based on merit, given the
grossly inadequate representation of above-mentioned categories in employment and education due
to historic, societal and cultural reasons.However, the quota system in medical education is causing
deterioration in quality of doctors in the country. [20]
New rules implementation of UPA Government do not provide scholarship scheme and reservation
quota of students and employees of colleges under central University and State University approved
by the UGC.[citation needed]

Background in India[edit]
In central-government funded higher education institutions, 22.5% of available seats are reserved for
Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs). [21] This
reservation percentage has been raised to 49.5% [21] by including an additional 27% reservation for
OBCs. This ratio is followed even in Parliament and all elections where a few constituencies are
earmarked for those from certain communities (which will next rotate in 2026 per the Delimitation
Commission).
The exact percentages vary from state to state:
 In Haryana, the reservation is 20% for SCs, 16% for backward class A, 11% for backward
class B, 10% special backward class, 10% economically backward in open caste and 3% for
physically handicapped (70% total), based on local demographics.
 In Tamil Nadu, the reservation is 18% for SCs, 1% for STs, 30% BC and 20%MBC (69%
total) based on local demographics
 In Jharkhand, the reservation is 11% for SCs, 27% for STs and 22% OBC (60% total) based
on local demographics.
 In Maharashtra, the reservation is 16% for SEBCs, 19% OBCs, 13% for SCs and 7% for
STs,2% SBC, Nomadic Tribes(A,B,C,D) NT-A(vimukta jati)-3% , NT-B -2.5%, NT-C (Dhangar)-
3.5% ,NT-D (vanjari)-2% (68% total) based on local demographics
 In Karnataka, the reservation is 15% for SCs and 3% for STs, 32% OBC (50% total) based
on local demographics
 In Kerala, the reservation is 8% for SCs and 2% for STs, 40% OBC (50% total) based on
local demographics
 In Uttar Pradesh, the reservation is 21% for SCs and 2% for STs, 27% OBC (50% total)
based on local demographics
 In Bihar, the reservation is 15% for SCs and 1% for STs, 34% OBC (50% total) based on
local demographics
 In Madhya Pradesh, the reservation is 16% for SCs and 20% for STs, 27% OBC (63% total)
based on local demographics
 In Rajasthan, the reservation is 16% for SCs and 12% for STs, 26% OBC (54% total) based
on local demographics
 In Northeast India, especially in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram,
reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central
Universities of NEHU(shillong) and Rajiv Gandhi University, 60% of seats are reserved for ST
students.
 In Andhra Pradesh, 27% of educational institutes and government jobs are reserved for
OBCs, 33.33% for women, 15% for SCs, 6% for STs.[22][23]
 In West Bengal, 35% of educational institute seats and government jobs are reserved for SC,
ST, and OBC (22% SC, 6% ST, 7% for[24] OBC A & B[25]). In West Bengal there is no reservation
on religious basis but some economically and educationally backward Muslim castes (basis
surnames pertaining to different profession e.g. cobbler, weaver etc.) have been included along
with their Hindu in OBC list namely OBC A and OBC B, in both lists caste from both
communities are there. But in higher educational institutes, till now there is no reservation for the
OBC community but there is reservation in regard to admission in primary, secondary and higher
secondary studies.[24][25]

Gender[edit]
The Women's Reservation Bill was passed by the Rajya Sabha on 9 March 2010 by a majority vote
of 186 members in favour and 1 against. As of March 2013, the Lok Sabha has not voted on the bill.
Critics say gender cannot be held as a basis for reservation alone other factors should also be
considered e.g. economic, social conditions of woman candidate especially when applying
reservation for educated women.
In Gujarat, 33% of posts are reserved for females in all government departments and services, such
as police, health, education and general administration. [26][27]

Religion[edit]
There is no reservation granted on the basis of religion in the Central educational institutions at the
national level, although reservation has been extended to religious minorities in some states.
The Tamil Nadu government has allotted 3.5% of seats each to Muslims and Christians, thereby
altering the OBC reservation to 23% from 30% (since it excludes persons belonging to Other
Backward Castes who are either Muslims or Christians). [28]
The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in
2004. This law was upheld by the Supreme Court in an interim order in 2010 but it constituted a
Constitution bench to look further into the issue. [29][30] The referral was to examine the constitutional
validity of quotas based on religion. [31] Kerala Public Service Commission has a quota of 6% for
Muslims. Religious minority (Muslim or Christian) educational institutes also have 50% reservation
for Muslim or Christian religions. The Central government has listed a number of Muslim
communities as backward Muslims, making them eligible for reservation.[citation needed][32]

Controversy[edit]
The Union Government on 22 December 2011 announced the establishment of a sub-quota of 4.5%
for religious minorities within the existing 27% reservation for Other Backward Classes. The
reasoning given was that Muslim communities that have been granted OBC status are unable to
compete with Hindu OBC communities.[33] It was alleged that the decision was announced as
the Election Commission announced Assembly elections in five states on 24 December 2011. The
government would not have been able to announce this due to the model code of conduct. On 12
January 2012, the Election Commission stayed implementation of this decision for violation of the
model code of conduct.[34] Later, Justice Sachar, head of the Sachar Committee that was
commissioned to prepare a report on the latest social, economic and educational condition of
the Muslim community of India, criticised the government decision, saying "Such promises will not
help the backward section of minorities. It is like befooling them. These people are making tall claims
just to win elections". He suggested that instead of promising to give reservations, the government
should focus on basic issues of improving administration and governance. [35]
On 28 May 2012, the Andhra Pradesh High Court quashed the sub-quota. The court said that the
sub-quota has been carved out only on religious lines and not on any other intelligible basis. The
court criticised the decision: "In fact, we must express our anguish at the rather casual manner in
which the entire issue has been taken up by the central government." [36]. The government focused on
giving unfair advantage to lot of people under reservations under the eight Lakh income per year
basis. It is evident that more than 90% of the population falls under this category and government
either did fraud or is blind. Since fifty years, government had cut down its costs and quality of its
services just to provide advantages to people with reservations which doesn't make any commercial
sense. It is contended that government should focus on improving their services rather than giving
people unfair advantage schemes.It is also observed that reservations is not a fundamental right.
Men,women and third gender who had reservations have not made major contributions to science,
technology, art, commerce in India and they made the economy stagnant for nearly fifty years.

Economic status[edit]
The Union Government tabled the Constitution (One Hundred And Twenty-Fourth Amendment) Bill,
2019 which provided 10% additional quota for the economically weaker sections amongst the
erstwhile unreserved category students. The definition of 'economically weaker sections' will be
defined by the State from time to time. [37] The constitutional amendment has laid down that they will
be restricted to people with household income less than 8 Lakh per annum, or those who own
agricultural land below five acres. Business Today has commented that these criteria cover almost
100 percent of the population.[38] Several petitions have been filed before the Supreme Court of
India challenging the legality of this amendment.[39]
Exclusions[edit]
People in the following categories are not entitled to take advantage of the reservation system for
OBCs:

 Children of officials in high office as per the Constitution. [a]

 Children of civil servants in high positions.[b]
 Children of armed force officers of high rank.[c]
 Children of professionals and those engaged in trade and industry. [d]
 Children of property owners.[e]
 Children of people with annual income exceeding ₹8,00,000 (regarded as the "creamy
layer").[40]
Institutions of excellence, research institutions, institutions of national and strategic importance such
as Centre for Development of Advanced Computing, Homi Bhabha National Institute and its ten
constituent units, the Tata Institute of Fundamental Research (Mumbai), the North Eastern Indira
Gandhi Regional Institute of Health and Medical Sciences (Shillong), Physical Research
Laboratory (Ahmedabad), the Vikram Sarabhai Space Centre (Thiruvananthapuram) and the Indian
Institute of Remote Sensing (Dehradun) do not have reservations for higher education. [f]Although,
institute of national importance such as Indian Institute of Management(IIM)[44],Indian Institute of
Technology(IIT)[45], and National Institute of Technology(NIT) have provision of reservation in
admission process for undergraduate and graduate programs. [46]
On 27 October 2015, the Supreme Court directed the state and the Central governments to end the
regional quota and to ensure that super-specialty medical courses are kept "unreserved, open and
free" from any domicile status after the court had allowed petitions files by some MBBS doctors. [47]

Creamy layer[edit]
The term creamy layer was first coined in 1975 in the State of Kerala vs N. M. Thomas case when a
judge said that the "benefits of the reservation shall be snatched away by the top creamy layer of the
backward class, thus leaving the weakest among the weak and leaving the fortunate layers to
consume the whole cake".[48][49] The 1992 Indra Sawhney vs Union of India judgement laid down the
limits of the state's powers: it upheld the ceiling of 50 percent quotas, emphasised the concept of
"social backwardness", and prescribed 11 indicators to ascertain backwardness. The judgement also
established the concept of qualitative exclusion, such as "creamy layer". [50][51][52] The creamy layer
applies only to OBCs. The creamy layer criteria were introduced at Rs 1 lakh in 1993 and revised to
Rs 2.5 lakh in 2004, Rs 4.5 lakh in 2008 and Rs 6 lakh in 2013, but now the ceiling has been raised
to ₹8 lakh (in September 2017). [53] In October 2015, the National Commission for Backward
Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to Rs
15 lakh should be considered as minimum ceiling for OBC.[54] The NCBC also recommended sub-
division of OBCs into "backward", "more backward" and "extremely backward" groups and to divide
the 27 per cent quota amongst them in proportion to their population, to ensure that stronger OBCs
do not corner the quota benefits. [55][56] However, creamy layer exclusion is only in OBC quota, but not
in SC/ST quotas.[57]

Reservation in states[edit]
Maharashtra[edit]
Maharashtra earlier had 50% reservation in educational institutions and government jobs. In June
2019, BOMBAY HIGH COURT allowed 12% and 13% reservation respectively education and jobs
for Maratha caste (SEBC) .[58] After the Union Cabinet approved the 10% reservation for the
Economically Weaker Section (EWS),[59] the reservation has been estimated to increase up to 75%
making Maharashtra the state with the highest percentage of reservation in the country.
Reservation in Maharashtra

 Scheduled Castes (SC) (13%)

 Scheduled Tribes (ST) (7%)
 Other Backward Classes (OBC) (19%)
 Special Backward Classes (SBC) (2%)
 Socially and economically backward class(SEBC) (13%)
 Economically Weaker Section (EWS) (10%)
 Nomadic Tribes - A (Vimukta jati) (3%)
 Nomadic Tribes - B (Banjara) (2.5%)
 Nomadic Tribes - C (Dhangar) (3.5%)
 Nomadic Tribes - D (Vanjari) (2%)
Andhra Pradesh[edit]
Andhra Pradesh state percentage of reservation is =50% approx. 66.66% reservations including
women are applicable in Andhra Pradesh in Education and Government jobs.

 Scheduled Castes – 15%

 Scheduled Tribes – 6%
 Backward Classes (A, B, C, D) – 27%
 Physically Handicapped (Blind, Deaf & Dumb and OPH) – 3% (1 per cent each)
 Ex-servicemen (APMS only) – 1% (0.5% in general)
 Women - 33.33% (in all categories, means 16.66% in general category)
Total % of reservations 46%< 50% based on caste It is quite compliant with the supreme court word
of keeping caste-based reservations under 50% cap
Addition of disabled, ex-serviceman, women in general category 16.66% makes it 66.66%
The Andhra Pradesh Govt says economically backward children are admitted into private schools
under Right To Education (RTE) Act.[citation needed] However, caste-based reservations also apply to
private schools.[60][non-primary source needed]
The reservation for women cuts across all classes and communities and is a horizontal and not
vertical reservation. As such the total % of reservations has to be counted at 50% only; and that is in
consonance with the Supreme Court dicta that reservations, in general, ought not to exceed 50% of
the posts/seats if the right to equal opportunity to all without discrimination guaranteed under Article
16 is to be vindicated and respected. [citation needed]
Reservation: Understanding The
Past, Present And Solutions
[RESEARCH]

We live in a free country and this freedom is a gift of democracy to us. Our

constitution gives us the right to freedom and most importantly to exercise
this freedom in an equitable manner. At the same time it is incumbent on the
part of the state to ensure that equality prevails in all sections of the society.

However in today’s time one of the major roadblocks to this equality is

the Reservation System.

India being a developing nation is currently facing many challenges and the
reservation system being one of them. The biggest question that lies in front
of us is whether implementing this reservation system has really helped the
downtrodden?  The current scenario clearly depicts that the ‘lower’ castes
are still discriminated in their daily lives. To uproot casteism it is important
that we fight the reservation system which alone will lead us to
development, competency, equality and unity.

The reservation system finds its origin in the age-old caste system of India.
The caste system at its birth was meant to divide people on the basis of their
occupation like teaching and preaching (Brahmins), kingship and war
(Kshatriya) and lastly business(vaish) etc. but soon it became an instrument
to divide the society on caste-basis, creating various walls between different
sections of the society. Today we stand divided widely into Hindu, Muslim,
SC, ST & OBCs with newer reservations coming up for other different sections
of the society like Christians, Kashmiris, Jats, Kashmiri Pandits, Tribals etc.

Firstly we need to understand that the reservation system only divides the
society leading to discrimination and conflicts between different sections. It
is oppressive and does not find its basis in casteism. It is actually the
antithesis of a communal living.

Currently, as per the government policy, 15% of the government jobs and
15% of the students admitted to universities must be from Scheduled castes
and for the Scheduled tribes there is a reservation of about 7.5 %. Other
than this, the state governments also follow their own reservation policies
respectively based upon the population constitution of each state. So nearly
50% seats are reserved.

The Mandal commission was established in 1979 by the central government

to identify the socially or educationally backward people. It was also set up
to consider the question of seat reservations and quotas for people to
redress caste discrimination. It used social, economic, and educational
indicators to determine backwardness. But today are these reservations
actually being utilized on the above mentioned factors? The answer is prima
facie ‘NO’ because the benefits are being stolen away by the creamy layer.

The 93rd Constitutional Amendment allows the government to make special

provisions for “advancement of any socially and educationally backward
classes of citizens”, including their admission in aided or unaided private
educational institutions. Gradually this reservation policy is to be
implemented in private institutions and companies as well. This move led to
opposition from non-reserved category students, as the proposal reduced
seats for the General (non-reserved) category from the existing 77.5% to
less than 50.5% (since members of OBCs are also allowed to contest in the
General category).

Article 15(4) of our constitution empowers the government to make special

provisions for advancement of backward classes. Similarly Article 16
provides for equality of opportunity in matters of employment or
appointment to any post under the State.

“Clause 2 of article 16 lays down that no citizen on grounds of religion, race,

caste, sex, descent, place of birth, residence or any of them be discriminated
in respect of any employment or office under the State.”

However clause 4 of the same article provides for an exception by conferring

a certain kind of power on the government:

“it empowers the state to make special provision for the reservation of
appointments of posts in favour of any backward class of citizens which in
the opinion of the state are not adequately represented in the services”

Thus two conditions have to be satisfied:

1. The class of citizens is backward

2. The said class is not adequately represented.

In a case Balaji v/s State of Mysore (AIR 1963 SC649) it was held that
‘caste of a person cannot be the sole criteria for ascertaining whether a
particular caste is backward or not. Determinants such as poverty,
occupation, place of habitation may all be relevant factors to be taken into
consideration. The court further held that it does not mean that if once a
caste is considered to be backward it will continue to be backward for all
other times. The government should review the test and if a class reaches
the state of progress where reservation is not necessary it should delete that
class from the list of backward classes.’

What is surprising is that our constitution clearly is a reservation-friendly

constitution but nowhere in the constitution is the term ‘backward classes
defined. What actually constitutes a backward class? What are the
determinants of a backward class? These questions remain unanswered and
it is only with the help of judicial pronouncements that they have been given
some meaning. Question arises how can reservations be made for something
that has not been defined?

Today when a student applies for an admission in any university, the

admission forms are filled with questions like ‘Are you SC/ST or OBC or
General Category?’ How does it matter which category does he belong to,
what matters is his merit. A category cannot decide whether he is eligible for
admission or not. There many economically worse off children belonging to
the forward classes but they cannot get the fruits of such reservation merely
by virtue of belonging to the ‘general’ category. Sometimes these children
belonging to the backward classes do not even deserve and still possess the
necessary merit as against a child who studied very hard for months to get a
seat, thereby snatching away that seat just because he comes from a
particular religion or caste for which our government provides reservation.

Reservation should be purely made on the basis of the economical conditions

of the applicant and nothing else. The kind of reservation policy that our
government currently follows does nothing but divide the society into
different sections.

When the then HRD minister Mr. Arjun Singh introduced 27.5% reservation
for OBC in centrally funded educational institutes including IIMs and IITs a
petition was moved to the President and the Prime Minister stating that such
a reservation will take India back from where she is today. Further “everyone
understands the need for all sections of the Indian Society to get an
opportunity to be a part of this economy but reservation based on caste is
not an answer to this. These policies have been in India since the last 50
years and they have failed to meet their objectives. The government should
go into the reasons of the failure. Many students don’t make it to the
institutes because of the economic reasons and those who do not fall in the
reservation criteria don not get a fair opportunity too”.

To remove this evil it suggested the following:

1. Make education mandatory and free for all till age of 15

2. Propose reservation based on economic status
 3. Provide opportunity to students to earn while they study.

Instead of introducing reservations for these backward classes what is

required is to bring about revolutionary changes in our education system at
the grass-root level. When proper education is not provided to children
belonging to such categories during the primary stage itself then on what
basis are the reservations provided at a subsequent stage.

Reservations are nothing but means to prosper the vote banks of politicians.
They are hindering the country’s growth, development and competency in all
aspects. On one hand the preamble of our constitution states that we are a
free, democratic and sovereign nation and on the other hand reservation
system is chaining all these aspects into its clutches. It is creating disparity
and differences amongst the people. The constitution lays down that every
child has a right to education and no where expresses that any child
belonging to a backward class has a little more of this right than the general
category. By reserving one category against another creates a feeling of
division which is now resulting in a chaos with every small section of the
society asking for it.

Reservations on the basis of caste and not on the basis of condition are bad
and unacceptable. Fair and just reservations to uplift the people with poor
conditions of life, those who don’t have meals to eat, clothes to wear and no
home to live in. They shall be made on the basis of factors such as gender as
women are more disadvantaged than men since primitive times, domicile,
family education, family employment, family property, family income and if
any disabilities and traumas. The process of reservation should be such that
it filters the truly economically deprived individuals and bring them all to
justice.

Thus reservations are anti-thesis of development and equality. We don’t

need reservations based on castes or religion but only to actually provide aid
to those who have minimal resources; and merit should be given equal  and
due importance in admission procedures as well employment opportunities.
This way we would be successful in removing caste discrimination and unite
the economically rich together in helping the economically poor, irrespective
of their castes.

Reservation in India – Explained in Layman’s Terms

What is meant by reservation or affirmative action?

In simple terms, reservation in India is all about reserving access to seats in

the government jobs, educational institutions, and even legislatures to certain
sections of the population.
 Also known as affirmative action, the reservation can also be seen as positive
discrimination. Reservation in India is a government policy, backed by
the Indian Constitution (by means of various amendments).

Table of Contents
 The purpose of reservation in India
 The extent of Reservation in India
 Reservation quota in India for Government Jobs
 SC/ST Reservation
 OBC Reservation
 EWS Reservation
 History of Reservation System in India – Rectifying the Historical Injustice
 Should India need reservation (now)?
 Unequals should not be treated equally, but is reservation the only solution?
 50% Cap on Caste-Based Reservations
 Poverty cannot be the basis to provide reservation: SC
 Will Reservation System in India compromise the Merit (and efficiency of the
system)?

The purpose of reservation in India

The two main aims to provide reservation as per the Consitution of India are:

1. Advancement of Scheduled Castes (SC) and the Scheduled Tribes

(ST) OR any socially and educationally backward classes of citizens (Eg:
OBC) OR economically weaker sections (EWS) – Article 15 (4), Article
15 (5), and Article 15 (6),
2. Adequate representation of any backward class of citizens OR
economically weaker sections (EWS) in the services under the State. –
Article 16 (4) and Article 16 (6)

The extent of Reservation in India

In India, reservation is provided in:

1. Government Educational Institutions (like IITs, IIMs etc) – as per Article

15 – (4), (5), and (6)
2. Government Jobs (like IAS, IPS etc) – as per Article 16 – (4) and (6)
3. Legislatures (Parliament, and State Legislature) – as per Article 334
Before 2019, the reservation was provided mainly on the basis of social and
educational backwardness (caste). However, after the 103rd constitutional
amendment in 2019, economic backwardness is also considered.

Apart from the reservation quota, additional relaxations like upper-age

relaxations, additional attempts, and lower cut-off marks are also provided for
various reservation categories.

Reservation quota in India for Government Jobs

Reservation quota in India for Government Jobs and Higher Educational Institutions

A vacancy reserved for SCs or STs or OBCs cannot be filled by a candidate

other than an SC or ST or OBC candidate, as the case may be.

As seen from the above table, about 60% of seats are reserved in India – 
for various sections like ST, SC, OBC, and EWS – with respect to
Government jobs and Higher Education Institutions. 3% of seats are also
reserved for differently-abled persons across all categories.
This also means that only 40% of seats are available under merit. In the
merit seats, not only the general category candidates but all other categories
like SC, ST, OBC, and EWS can also compete.

SC/ST Reservation
The objective of providing reservations to the Scheduled Castes(SCs),
Scheduled Tribes (STs) in services is not only to give jobs to some persons
belonging to these communities. It basically aims at empowering them and
ensuring their participation in the decision-making process of the State.

Besides, the state is also keen to end practices such as untouchability.

Scheduled Castes (SC) are given 15% quota in jobs/higher educational

institutions while Schedule Tribes (ST) are given 7.5% quota in jobs/higher
educational institutions.

Reservation is provided not only with respect to direct recruitment but also
with respect to promotions for SC/ST category (Article 16(4A)).

There is no concept of ‘creamy layer’ with respect to SC/ST reservation. This

means that irrespective of the income status or the government posts held by
the parents, children of SC/ST parents will get SC/ST Reservation.

OBC Reservation
Reservation for Other Backwards Classes (OBC) was introduced based on
the Mandal Commission Report (1991). The quota for OBCs is 27% in
government jobs and higher educational institutions.

However, there is a concept of ‘creamy layer’ with respect to the OBC

reservation. Only those from OBC who comes under Non-Creamy Layer
would get OBC reservation.

The creamy layer concept brings income and social status as parameters to
exclude some of the privileged members of OBC from the extent of
reservation. This concept also keeps a check to ensure that the benefits of
reservation do not get extended to subsequent generations.
Read more about the OBC Reservation Eligibility.

EWS Reservation
The Central Government of India recently introduced EWS Reservation. 10%
quota is provided for the Economically Weaker Sections (EWS) among
General Category candidates in government jobs and educational institutions.
This is done by adding clauses for the same in the Indian Constitution (103rd
Constitution Amendment Act, 2019).

Read more about the EWS Reservation Eligibility

History of Reservation System in India – Rectifying the Historical Injustice

To an extent, reservation as a policy is pursued by the State to correct the
historical injustice done to certain castes by the so-called “upper castes”.
The caste system prevailed in India had alienated many “lower castes” from
the mainstream – hindering their development. To a great extent, the
repercussions are still felt.

Original Consitution of India has provided reservation only for quota in

legislatures – that too only for 10 years until 1960 (article 334). Subsequent
amendments to the constitution extended the period of reservation for quota in
legislatures.

Provisions of reservations in Educational Institutions and Government Jobs –

article 15(4) and article 16 (4) – were too created by means of Constitutional
Amendments later. No time period is given for the validity of the reservations
mentioned in article 15(4) and article 16(4).

The initial reservations were only for SC and ST [article 15(4) and article
16(4)]. OBCs were included in the ambit of reservation in 1991 [article 15(5)].
In 2019, Economically Weaker Sections are also included [article 15(6) and
article 16(6)].

Should India need reservation (now)?

It’s the duty of the government to provide equality of status and opportunity in
India.
Reservation is one of the tools against social oppression and injustice against
certain classes. Otherwise known as affirmative action, reservation helps in
uplifting backward classes.

However, reservation is just one of the methods for social upliftment. There
are many other methods like providing scholarships, funds, coachings, and
other welfare schemes.

The way the reservation is implemented and executed in India is largely

governed by vote-bank politics.

Indian Consitution allowed reservation only for socially and educationally

backward classes. However, in India, it became caste-based
reservation instead of class-based reservation.

Initially, the reservation was intended only for SC/ST communities – that too
for a period of 10 years (1951-1961). However, it got extended ever since.
After the implementation of Mandal Commission report in 1990, the scope of
the reservation was widened to include Other Backward Communities
(OBCs).

The benefits of the reservation were successively enjoyed only by a few

communities (or families), excluding the truly deserving ones. Even 70 years
after independence, the demand for reservation has only increased.

Now, with the introduction of economic criteria for reservation, in addition to

the caste-criteria which already existed, things have become more
complicated.
Unequals should not be treated equally, but is reservation the only
solution?

There is no doubt that unequals should not be treated equally. However, is the
current system of unequal treatment perfect? Is it creating more injustice? Is it
the only way out in a welfare-nation? It’s time to introspect.

Reservation based entirely on economic criteria is not an all-in-one solution,

though family income can be one of the parameters. Also, its time to fix a time
period for the reservation system – rather than extending it to eternity.

Denying India, the service of the meritorious candidates, who see them being
overtaken by others with lesser academic performance or brilliance, is also a
crime and injustice.

Aren’t there any alternative mechanisms to uplift the marginalised so that

everyone gets equal opportunities? How is affirmative action done in other
countries?
Reforms in the reservation system of India is the need of the hour. However,
as the subject of reservation revolves around a lot of votes, parties are
reluctant to disrupt the existing system.

50% Cap on Caste-Based Reservations

In Indra Sawhney vs Union Of India, 1992, the Supreme Court of India capped
caste-based reservation, ruling that “no provision of reservation or preference
can be so vigorously pursued as to destroy the very concept of equality”.

“Since this Court has consistently held that the reservation under Articles
15(4) and 16(4) should not exceed 50% and the States and the Union have by
and large accepted this as correct it should be held as constitutional
prohibition and any reservation beyond 50% would liable to be struck down.”

While introducing the bill for Economic Reservation in 2019, Arun Jaitley
(Finance Minister) contended that the 50% cap on reservations imposed by
the Supreme Court was only for caste-based reservations, and
the Economically Weaker Section (EWS) reservation won’t be impacted by
it.

Poverty cannot be the basis to provide reservation: SC

As per Article 16(4), one of the main purposes of reservation is to
provide adequate representation of all classes (castes) in government
services. Economic Reservation introduced by Article 16(6) is actually against
this concept – as it does not take into consideration the caste-based
representation.

Moreover, the reservation is not a poverty alleviation scheme.

Supreme Court had also ruled that economic status cannot be the sole
criterion for reservation.

Many states had tried to implement Economic Reservation, however, they

were subsequently quashed by Courts.

Introducing EWS bill in 2019, Union Social Justice and Empowerment Minister
Thaawarchand Gehlot said the similar state laws for EWS quota were
quashed by Courts because there was no provision for economic reservation
in the Constitution before.  Now, the Law will not be struck down by the
Supreme Court if challenged as it has been brought by making required
provisions in the Constitution.

Will Reservation System in India compromise the Merit (and efficiency of

the system)?
Article 335 of the Indian Constitution states that

The claims of the member of the Scheduled Castes and the Scheduled Tribes shall be

taken into consideration, consistently, with the maintenance of efficiency of

administration in

the making of appointments to services and posts in connection with the affairs of the

Union

or of a State.

Provided that nothing in this article shall prevent in the making of any provision in

favour of the members of the Scheduled Castes and the Scheduled Tribes

for relaxation in

qualifying marks in any examination or lowering the standards of evaluation, for

reservation in

matters of promotion to any class or classes of services or posts in connection with the

affairs

of the Union or of a State.

There is no second question that all castes/classes should be adequately

represented in government services. However, which percentage can be
called adequate – without compromising the merit or efficiency of the
administration?

Is the current level of reservation adequate? Or is it less? Or has it already

compromised the merit? What do you think?

Critical Analysis on Reservation Policy in India

Introduction & Research Methodology
The provisions available in the Constitution of India, based on which orders relating to reservations in
services for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward Classes (OBCs) have
been issued by Department of Personnel & Training and Ministries of Social Justice of Government of
India. The provisions made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution relate to
reservation, protection and safeguards, in public employment in respect of the persons belonging to the
SCs/STs and other backward classes.

Article 16 enables the ‘State’ to make provisions for reservation of appointments or posts in favour of
SCs, STs and OBCs. However, the detailed provisions regarding the quantum and the applicability of
reservation in appointment or posts are governed by the orders issued from time to time by the
Department of Personnel &Training, Ministry of Personnel, Public Grievances and Pension, Government
of India. The applicability of reservation orders is dependent on the method of recruitment. Not only the
percentage of reservation but also the procedure of the application of reservation will depend and vary
according to the method of recruitment

However the job reservation policy has three important flaws. First, it has a "discriminatory bias against
Muslims who do not benefit from such policies". Second, it emphasises caste or tribe rather then
income or wealth:

The goal of reservation in India has been to bring about an improvement in the welfare who, historically,
have been economically and socially depressed. But, in arriving at this judgement about who should be
eligible for reservation, the criterion has been a person’s caste rather than his income or wealth.
Consequently, groups belonging to what Article 115 of the Indian Constitution calls “socially and
educationally backward classes” have benefited from reservation even though, in practice, many of
these groups could not be regarded as “backward”. This has meant that many of the benefits of
reservation have been captured by well-off groups from the depressed classes (for example, chamars
from the SC) while poorer groups from the depressed (for example, bhangis from the SC) have failed to
benefit.

Statement of Problem / Research Question

However the job reservation policy has three important flaws. First, it has a "discriminatory bias against
Muslims who do not benefit from such policies". Second, it emphasises caste or tribe rather then
income or wealth:
The goal of reservation in India has been to bring about an improvement in the welfare who, historically,
have been economically and socially depressed. But, in arriving at this judgement about who should be
eligible for reservation, the criterion has been a person’s caste rather than his income or wealth.
Consequently, groups belonging to what Article 115 of the Indian Constitution calls “socially and
educationally backward classes” have benefited from reservation even though, in practice, many of
these groups could not be regarded as “backward”. This has meant that many of the benefits of
reservation have been captured by well-off groups from the depressed classes (for example, chamars
from the SC) while poorer groups from the depressed (for example, bhangis from the SC) have failed to
benefit.

Objective
The objective of this project is:
Ø To study the implementation of reservation policy.
Ø To find out the actual need of the reservation policy.

Hypothesis
The researcher has made certain assumption in the beginning of the research project which are
going to be tested during the project, they are the following.
Ø The reservation policy for jobs for SC & ST should be changed. As there is vast change in today’s
condition.
Ø The reservation policy should be based on the economical basis not on the class or caste basis. If
it caste based then we are only creating discrimination with them.

Scope Of The Study

The research is a doctrinal research. The researcher here would like to study only the judicial
viewpoints in the appointment of SC & ST in various jobs in public and private sector. The
researcher has tried to analysis the topic by studying various authors, experts, cases of The Indian
Apex Court and High courts, articles, etc. The researcher has strictly followed the boundary and has
studied only with reference to Indian authors, experts, cases, etc.

Welfare Schemes
Information is also collected in respect of benefits accruing under different central/state sponsored
schemes to Scheduled Tribe Workers and their families. The concepts of sub-plan approach for
tribal development are being formulated and implemented in the state since the beginning of the 5th
plan. The blocks having 50 per cent tribal concentration are brought under the umbrella of the tribal
Sub-Plans. The tribal Sub-Plan envisages the integrated development of the Tribal area in which all
programmes irrespective of their source of funding operate in unison to achieve a common goal or
bringing the area at par with the rest of the state and to improve the quality of life of Tribals.
Integrated Tribal Development Agencies were formed to co-ordinate implementation of various
Schemes.

There are some other social welfare schemes in vogue in the state viz. Old Age Pension/WP,
National Old Age Pension Scheme, Gujarat Disability Pension Scheme, National Family Benefit
Scheme, Personal Accident Insurance Social Security Scheme, Supply of Special Aids and
Appliances to Handicapped persons and scholarships to disabled students. It has been reported that
Scheduled Tribe families were benefited by these schemes in Schedule Tribe belt area. Gujarat
Scheduled Castes and Scheduled Tribe Development Finance Corporation was providing economic
assistance to SC/ST families living below the poverty line by way of arranging institutional credit
under the Margin Money Loan Programme (MMLP) for various income generating schemes. Apart
from the above schemes, Scheduled Tribe students were given scholarships, books, boarding and
lodging facilities to the eligible students in order to promote literacy and education amongst
Scheduled Tribes.

Two types of schemes were run by the Labour Welfare Organization in Gujarat, one for the direct
benefit for workers and the other for managements. The schemes for direct benefit of Schedule
Tribe workers pertain to health, housing and education. Under health sector there are schemes for
the benefits of T.B. patients, Leprosy patients, Mental Patients, schemes for supply of free
spectacles, scheme for Cancer patients, schemes for reimbursement of expenditure as financial
assistance to S. T Workers suffering form heart disease, kidney transplantation etc and fatal and
serious accidents benefits scheme. Under these schemes different type of benefits like free
treatment, medicines, subsistence allowance, traveling allowance, diet charges, reimbursement of
expenditure, financial aid etc. are given to the Scheduled Tribe workers. Under housing sector
assistance upto Rs.40,000/- is provided to Scheduled Tribes to construct a new house or repair of
the old house with some conditions. In additions to the above welfare schemes, the following
schemes run by the office of Vigilance Officer for the Tribal development for the development of the
Scheduled Tribe are in four parts (1) Education (2) Economic development (3) Health and housing
(4) Administration, Directions etc.

Education Scheme
Examination Fee: The students in SSC and equivalent standard appearing in the SSC board
examination are provided with examination fee ranging from Rs 170/- to Rs. 200/- Scholarship:
Students with 38 per cent results in Govt. Schools, Govt. recognized schools and with 45 per cent
result in Private Schools were given yearly scholarship of Rs.125/- to Rs.200/- per year. Tuition fee
of Rs.250/- p.m. paid to the students whose parents/guardian income was less than Rs.24000 p.a.
Scholarship were also sanctioned to girl students whose family income exceeds between Rs.50,920
p.a. Engineering medical & B. Sc(Agri) Diploma courses are given Rs.510 to Rs.740/- for Residential
hostel, while for the day scholars it is Rs.330/ p.m. In addition to the above narrated schemes the
following schemes are also in vogue (i) free uniform (ii) food assistance scheme (iii) free Bicycle
scheme (iv) financial assistance to medical and engineering students to purchase educational
equipments upto Rs 1000/- (v) cash payment scheme to S. T. college students and (vi) Balwadi
scheme in which 90 per cent to 100 per cent Grant-in-aid was provided. Under the housing sector,
assistance upto Rs.40,000 is provided to Scheduled Tribes to construct or purchase a new house or
repair of the old house.

Some of the other welfare schemes are also functioning like Social education camps are arranged to
educate the S.T people to take out from backwardness and to give information about these schemes
and for these camp Rs.5000/- has been sanctioned. The Public cell Scheduled Tribe Atrocities
Assistance also provides atrocity assistance. Kunwar bair Noo Mameroo assistance and Saat Phere
Samooh Lagna scheme were also in vogue and Rs.1000 to Rs.5000 are given.

Reservation In Service For Sc & ST

In this Unit we shall discuss the provisions available in the Constitution of India, based on which
orders relating to reservations in services for Scheduled Castes (SCs), Scheduled Tribes (STs) and
other Backward Classes (OBCs) have been issued by Department of Personnel & Training and
Ministries of Social Justice of Government of India. The provisions made in the Articles 16, 335, 338,
340, 341 & 342 of the Constitution relate to reservation, protection and safeguards, in public
employment in respect of the persons belonging to the SCs/STs and other backward classes.

3.1 Constitutional Provisions
Every Constitution has philosophy of its own. The Preamble of our Constitution proclaims the
resolution of PEOPLE OF INDIA to constitute India into a SOVEREIGN, SOCIALIST, SECULAR
AND DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all ; FRATERNITY assuring the
dignity of the individual and the unity and integrity of the Nation. The ward 'social justice' in the
Preamble implies recognition of greater good to a larger number without deprivation of legal rights of
anybody.

The concept of equality, enshrined in the Preamble has also found expression as a fundamental
right in Article 14 to 16, which we shall discuss in the next section.

3.1.1 Right To Equality-Article 14
The Article 14 of the Constitution is one of the fundamental rights of the Constitution of India. Let us
now know about this Article. Article 14 of the Constitution reads: “The state shall not deny to any
person equality before the law or the equal protection of the laws within the territory of India" What
do the two phrases in this Article namely “equality before the law” and “equal protection of law”
mean? On the face of it the two phrases may seem to be identical, but in fact, they mean different
things.

While “Equality before the law” is negative concept; “equal protection of laws” is a positive one. The
former declares that everyone is equal before law, that no one can claim privileges and that all
classes are equally subject to the ordinary law of the land. “Equal protection of Law”, on the other
hand means, that among equals, the law should be equal and equally administered. That like should
be treated as like. Or in other words, persons differently circumstanced need not be treated in the
same manner. For example ‘Equal protection of Law’ does not mean that every persons shall be
taxed equally, but that persons under the same category should be taxed by the same standard. The
guarantee of “equal protection” thus is a guarantee of equal treatment of persons in “equal
circumstances” permitting differentiation in different circumstances. If there were a reasonable basis
for classification, the legislature would be entitled to make different treatment. Thus, the legislature
may (i) exempt certain classes of property from taxation at all, such as charities, libraries etc; (ii)
impose different specific taxes upon different trades and profession.

Illustration of reasonable classification: Yusuf V. State of Bombay, AIR.1954 S.C.321

3.1.2 Safeguards for public employment(Art-16)

In the previous section we learnt about Article 14 and the doctrine of equality”. In this Unit we will
learn in detail about Article 16, which is regarding equality of opportunity in the matter of employment
under State Article 16 of the constitution provides for equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the state. Article 16 reads as under:

Clause(1):There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.

Clause(2):No citizen shall on grounds only of religion, race, caste sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of any employment of
office under the State.

Clause (3): Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the Government of or
any local or other authority within, a State or Union Territory, any requirement as to residence within
that State or Union Territory prior to such employment or appointment.

Clause (4)- Nothing in this Article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens which in the opinion
of the State, is not adequately represented in the services under the state".
Clause (4-A): Nothing in this article shall prevent the State from making provision for reservation in
matters of promotion to any class or classes of posts in the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately
represented in the service of the State.

Clause (4-B): Nothing in this article shall prevent the State from considering any unfilled vacancies of
a year which are reserved for being filled up in that year in accordance with any provision for
reservation made under clause (4) or Clause (4-A) as a separate class of vacancies to be filled up in
any succeeding year or years and such class of vacancies shall not be considered together with the
vacancies of the year in which they are being filled up for determining the ceiling of fifty percent
reservation on total number of vacancies of that year (Constitution 81stAmendment Act, 2000).

3.1.3 Limitations of the Safeguard-Article 335

Article 335 of the Constitution originally read as under:- “ The claim of the members of the
Scheduled castes and the Scheduled Tribes shall be taken in to consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to services and posts in
connection with the affairs of the Union or of the State.”

The Hon’ble Supreme Court has held in a number of cases, that Article 335 operates as a limitation
to the provision contained in Article 16(4) though Article 16(4) does not specifically refer to Article
335 or raise any question of maintenance of efficiency of the administration. Thus, reservation for
the backward class will be struck down as violative of Article 14 and 16(1), if it is unreasonably
excessive. While forming an opinion for making reservations the State shall also take cognisance of
the limitation set out in Art.335 i.e. whether making reservation is consistent with the maintenance of
efficiency of administration. 82nd Amendment Act, 2000, amended the Article 335. The background
for the amendment was that the Hon’ble Supreme Court in the case of S.Vinod Kumar Vs. U.O.I had
held that the various instructions of Government providing for lower qualifying marks/lesser standard
of evaluation in matter of promotion for candidates belonging to SC/ST are not permissible in view of
the provisions contained in Article 335. In view of this decision the various orders regarding lower
qualifying marks/standard of evaluation for SC/ST in the matter of promotion were withdrawn by the
Government w.e.f. 22.7.97. However, the Parliament decided to once again restore the relaxations
and concession in promotion and the following proviso to Art.335 were added:- “Provided that
nothing in this Article shall prevent in making of any provisions in favour of the members of the
Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any examination or
lowering the standards of evaluation, for reservation in maters of promotion to any class or classes
of services or posts in connection with the affairs of the Union or of a State”

3.2 Percentage of reservation

The percentage of reservation for each category viz. SC, ST and OBC in Promotion and Direct
Recruitment as these are the only two methods of recruitment to which the orders on reservation are
applicable. In general of SC it is 15%, for ST it is 7.5% & for OBC it is 27%

3.3 Reservation In Direct Recruitment

In the previous Unit, we learnt about the three categories of direct recruitment viz. (i) All India basis
by open competition (ii) All India basis otherwise than open competition and (iii) recruitment to Group
‘C’ and ‘D’ posts normally attracting candidates from a locality or region. Until September 1993, in
the method of ‘Direct recruitment’, reservations of posts were only for SCs and STs. From
September 1993 reservation for OBCs has also been provided in the case of direct recruitment. The
percentage of reservation for SC, ST and OBC is different in each of the three types of direct
recruitment and is shown in

the table-1 below: -

 Sr. No. Category Share of Entitlement

 
SC ST OBC

  Direct recruitment on all- 15 7.5 27

India
1
basis by open competition

2 Direct recruitment on all- 16 2/3 7.5 25.84

India

basis otherwise than by open

competition

3 Direct Recruitment to Group Generally in proportion to the population of

‘C’ & ‘D’ posts which normally SCs, STs and OBCs in the respective

attract candidates from a States/Union Territory.

locality or region

Table 1

%age in Recruitment made through Staff Selection Commission (SSC) by Open Competition In the
previous section we learnt about the percentage of reservation in the three types of direct
recruitment. So far as recruitment by Staff Selection commission is concerned, the percentage of
reservation is further governed by the OPT’s O.M.No .36011/9/82-Estt.(SCT) dated 8.2.83.

The examination conducted by SSC involves a mixture of following two kinds of nomination: -

1. On the basis of a single common All India list and;

2. On the basis of zone-wise lists
(the whole country having been divided into a number of zones where each zone corresponds more
or less to a State/U.T) drawn up in accordance with the centre-linked-zonal scheme under which
candidates are eligible to be considered for appointment to posts in offices located in the Zone in
which the centre of examination opted by the candidates falls, though the examination is common .
where they have taken the examination. In view of this the percentage of reservation applicable in
case the recruitment is through SSC can be put in tabular form as under:-

Recruitment Made Through SSC

 RECRUITMENT MADE THROUGH SSC

    Share of Entitlement

Sr. No. Method

SC ST OBC

1 Organisations, which 15 7.5 27

receive candidates
  from a single common

All India, list.

2 Organisations which  
receive candidates
  from the list prepared Proportion to the population of

  SC/ST/OBC of State.
by SSC on the basis of
Centrelinked zonal
basis

3 Organisations Roster to be drawn up in consultation

spreading into
with DOPT taking into consideration
more than one
State/Union Territory the population of SC/ST/OBC in such

areas

The percentage of reservation for SC, ST and OBC in respect of each State and Union Territory has
been prescribed by the Department of Personnel & Training and is available in the ‘Brochure on
Reservation in Service’ (8th Edition) at P.P 494-502)

For example the percentages of the following States are Andhra Pradesh - 15 SC/ 06 ST/ 27OBC
Karnataka - 15 SC/ 05 ST/ 27 OBC Tamil Nadu - 19 SC/ 01 ST/ 27 OBC

Manipur - 01 SC/ 27 ST/ 22 OBC Sikkim - 06 SC/ 23 ST/ 21 OBC West Bengal - 22 SC/ 06 ST/ 22
OBC

3.4 Percentage of reservation in promotion

In the previous section we learnt that the percentage of reservation in the case of direct recruitment
varied according to the various types of direct recruitment. However, the percentage of reservation in
promotion is uniform i.e. 15% for SC and 7.5% for ST, irrespective of the mode of promotion.

We had seen in the case of direct recruitment that reservation is applicable to all level of posts. Is
the position same in the case of promotion also? The answer is ‘NO’.

In seniority-cum-fitness mode, reservation in promotion is applicable to all level of posts i.e. in

Groups C & D, Group C to Group B, within Group B, from Group B to Group A and within Group A.
But in selection mode, reservation is NOT applicable in promotion within Group ‘A’. Promotion
“Within Group A “ means, that the lower post (feeder post) and the higher post to which promotion is
taking place, both belong to Group ‘A’.

The applicability of reservation in various modes of promotion can be indicated in the table-3 below:
-

Mode of promotion Reservation applicable:

 
YES NO

Limited Departmental Competitive Yes  

Examination (LDCE):    

 Groups B,C & D.

Seniority-cum-fitness: Yes  

In all groups (Groups A, B, C & D.)    

   

selection Groups C & D, Group C to Group B, Yes  

within Group B, from Group B to    

lowest rung of Group A.

Lowest rung of Group A to higher   No

group A posts.

In the table-3 you can see that reservation in “Selection” mode is applicable upto the lowest rung of
Group ‘A’. The lowest rung of Group A can either be the scale of Rs.8000-13500 (pre-revised 2200-
4000) or could be 10000-15200 (pre-revised 3000-4500) , depending on whether the promotion in
the particular service takes place from group ‘B’ to 8000- 13500 or directly to 10000-15200 For
example in the Central Secretariat Service, Section Officers (Rs.6500- 10500, Gp.’B’) with 8 years of
service are eligible for promotion to the post of Under Secretary ( Rs.10000-15200, Gp.’A’) and there
is no intermediate scale of pay of Rs.8000-13500. Thus in the CSS, the lowest rung of group A will
be 10000-15200 and reservation is applicable in the promotion from Section Officer to Under
Secretary8.
3.4.1 Concession In Promotion
In the previous section we have learnt that in promotion reservation is not applicable in only one
situation i.e. if the mode of promotion is by selection and promotion is taking place within group ‘A’.
Although there is no reservation in such cases and, therefore, no posts are reserved for SC or ST
but a ‘concession’ is available to SC/ST employees. In the next paragraph we will learn what is this
‘concession’. But it is important to understand that the ‘concession’ is available only in promotion by
selection within group ‘A’ which carry an ultimate salary of Rs.5700 (pre-revised scale) or less p.m.

The concession available to the SC/ST Officers is, that those SC and ST Officers who are senior
enough in the Z.O.C so as to be within the number of vacancies for which the select list has to be
drawn, would be included in that list provided they are not considered unfit for promotion.

Critical View on Reservation policy and Conclusion

Now we have seen that government had kept various welfare schemes for the SC and ST in india. If
we take few examples than reservations in educational systems, land allotments for residents( free
of cost), agricultural land allotted free of cost for farming etc.

I believe that there should be reservation in the educational system of india. Due to which they can
also get good and higher education, but at the time of the jobs/ public service there should be n
reservation. A person has got almost 22 to 25 years benefit of reservation policy and had completed
his studies. Now he should stand on his own feets and should face the competition in the market.
They have got all the things which a person born in other cast has got by now.

If government still wants to keep reservation policy then now it should not be based on caste or
class, it should be based on the annual income of the person. If the person is earning less than he
requires more money for his family and children and this thing he can get only by a job or in public
service.By this means only such persons can provide good education to their children.

Judiciary has played great role in the reservation policy. The great example of this N Nagrajan’s
case, Ashok Kumar Thakor, and Indira Shawnay’s case. In this cases , supreme court has given
passing reference to the reservation on the SC & ST in jobs. But Supreme court has said that
reservation should not increase then 50% in any condition but in most of North Eastern state this
reservation is increased to 85% and still they have started a move to increase it to the 95% and
court is not taking any steps against it. By this way we can see that judiciary is also palying a role in
increase of reservation for SC & ST.

Now days politicians are playing a major role in reservation policy.The reservation policy was only
for 10 years afer the independence, for upiftment of SC and ST but till now it is continue and no one
has taken any step to amend it or revise it or to change it. The reason behind this is the population of
SC and ST in country. Nearly 33% voting is done by SC and ST so now if they make any change in
the reservation policy against the SC and ST then they have to suffer a lot for the same. So they are
not taking any steps against the reservation policy.

Now if you consider the theory of john rawles of justice then he has clearly said that “starting line
should be / must be the same for all the Persons.” By providing reservation in the educational
systems we are giving the same line to all the persons. He further also said that by providing equality
in education they are providing equal chance to start to all the persons and further there is no need
of reservation in service also.

I am totally agreed with the viewpoint of john rawles on reservation. Policy and there is clear need of
revising the present reservation policy.

MAJOR
RIOTS
CASES
Maratha stir: A look at major
quota protests across India in
last 4 years
Some men brandish swords, others pelt stones, a few others torch a tire and together they
howl, all the while stomping together to railway tracks to bring either their state or, in some
cases, the country to a standstill. These images have become familiar to Indians, who have
these pictures roaring out of the front pages of their newspapers and on their TV screens on
an uncomfortably frequent basis.

The protesters gather in a show of strength not to impose their superiority but to convince
the nation that they need reservation to be on an equal footing with the rest.

The why of reservation: When India gained independence in 1947, the new constitution
provided reservation to scheduled castes and tribes -- which were seen as the ones who
had historically been discriminated against -- in educational institutions, government jobs
and even seats in parliament and the state assemblies. The idea was to provide them with
an "equal opportunity" in the new India.

Not everybody was enthused by the idea though, least of all the framer of the constitution,
Dr. B R Ambedkar who argued that reservation alone wouldn't change the social status of
Dalits. He agreed to reservation, but wanted it to be discontinued 10 years after the
adoption of the Constitution.

In 1989, based on the recommendations of the Mandal Commission, the VP Singh-led

government extended the benefits to Other Backward Classes (OBCs).

As years rolled by, more and more groups started demanding reservation and many took
violent routes to get their voice heard.

YEAR 2018 -- MARATHA QUOTA STIR:

Marathas, a politically-influential community constituting around 30 per cent of the state's

population, have been agitating to press their demand for reservation in government jobs
and education.

Three protesters had died in the last one week during the ongoing agitation by the Maratha
community, which is seeking 16 per cent quota in government jobs and education.

The politically influential community constitutes around 30 per cent of the state's population.

The community had earlier taken out silent marches across the state to highlight their
demands, prominent among them being that of reservation.

However, their latest round of agitation has taken a violent turn.

2016 -- JAT QUOTA STIR:

In February 2016, Haryana saw violent protests by the Jat community demanding quota in
jobs and educational institutions which virtually brought Haryana to a halt. Around 30 people
were killed and more than 300 people injured in the protests.

In February this year, Haryana Chief Minister Manohar Lal Khattar said the state
government has decided to withdraw all cases registered in connection with the violence.

In March 2018, the Supreme Court ordered status quo on the operation of the Punjab and
Haryana High Court verdict, which upheld the constitutional validity of the law providing ten
per cent reservation to Jat and five other communities in Haryana, till further orders.

2016 -- KAPU QUOTA STIR

In 2016, Kapu community members were seeking reservation under Backward Class
category and their protests turned violent as the agitators went on rampage and set four
coaches of Ratnachal Express on fire at Tuni station in Andhra Pradesh's East Godavari
district.

The protest forced the authorities to stop all trains running between Visakhapatnam and
Vijayawada stations. Road traffic on national highway 16 was also disrupted due to the
protests.

Despite the state government setting up a commission to study their demand, the agrarian
community which comprises of nearly 26 per cent of Andhra Pradesh's population
intensified their protest.

2015 -- PATEL AGITATION:

In July 2015, the members of Patidar community held public demonstrations across Gujarat,
seeking Other Backward Class (OBC) status and reservation in educational institutions and
public/private sector job. The demonstrations were led by the convener of Patidar Anamat
Andolan Samiti, Hardik Patel, a sword-wielding 22-year-old.

On July 23, 2015, a rally seeking reservation for the Patidar community turned violent in
Visnagar town and the office of BJP legislator Rishikesh Patel was ransacked. An FIR had
been filed against eight people and a mob of 500 people in the case.

Patel rose to fame, or infamy, after the protests. On July 25, 2018 Patel along with two of
his aides - Lalji Patel and AK Patel - were found guilty of rioting, arson, damage to property
and unlawful assembly. The trio was sentenced to two years imprisonment apart from Rs
50,000 fine. But, they were granted bail soon after the verdict.
Hardik’s rally on reservation held in Ahmedabad on August 25 sparked violence, killing 10
people, including a policeman besides causing damage to public properties and vehicles
across Gujarat. The state returned to normalcy by August 28. Despite talks with the
government, the agitation recommenced and turned violent again on September 19.

In May 2016, the Gujarat government announced an ordinance to provide 10 per cent
reservation for economically backward classes (EBC) among upper castes. Families that
earn less than Rs 6 lakh per year will qualify for the quota. In August 2016, the Gujarat High
Court quashed the ordinance.

Patel has, as recently as Saturday, appealed to leaders in Gujarat to help him renew the
agitation for Patidar reservation during the Patidar Panchayat at Moti Malvan village in
Surendranagar district.

2015 -- GUJJARS PROTESTS:

The Gujjar community, led by Kirori Singh Bainsla, held a 10-day protest in May 2015
demanding reservation. The protesters blocked railway tracks for days. The community had
organised similar protests earlier too.

The community called off the demonstration only after the government announced it would
provide five per cent reservation to Gujjars in the Special Backward Classes category and
another 14 per cent reservation for the Economically Backward Classes among the upper
castes.