Reservation in India: Historical Evolution, Constitutional Provisions, and Ongoing Debate
Introduction :
The caste system has deep roots in India's history, giving rise to the reservation system – a means to address historical injustices faced by certain population segments. Reservation aims to provide access to government jobs, education, and legislative representation for these marginalized groups. Governed by the Indian Constitution, it is a form of positive discrimination. This article explores the historical background, the role of the Mandal Commission, constitutional provisions, judicial scrutiny, arguments both for and against reservation, reasons for increasing demands, and suggestions for a way forward.
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Historical Background :
The concept of caste-based reservations was initially conceived by William Hunter and Jyotirao Phule in 1882. The reservation system as we know it today was introduced in 1933 through the 'Communal Award' by British Prime Minister Ramsay Macdonald. After negotiations, the 'Poona Pact' was signed between Gandhi and Ambedkar, leading to a single Hindu electorate with reservations. Initially, reservations were only for SCs and STs post-independence. OBCs were included in 1991 based on the Mandal Commission's recommendations, which proposed 27% government job reservations for OBCs.
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Mandal Commission :
Appointed under Article 340 of the Constitution, the Mandal Commission aimed to define "socially and educationally backward classes" and recommend steps for their advancement. The commission identified approximately 52% of India's population as OBCs, proposing a 27% reservation in government jobs for them. It developed indicators of backwardness and compiled extensive lists of backward castes among Hindus and non-Hindus. The Supreme Court, in the Indra Sawhney Case of 1992, upheld the 27% quota for backward classes but limited the reservation beneficiaries to 50% of India's population. The concept of the 'creamy layer' and restricting reservations to initial appointments also emerged.
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Constitutional Provisions Governing Reservation :
The Indian Constitution contains several provisions for reservation. Part XVI deals with SC and ST reservation in Central and State legislatures. Article 15(4) and 16(4) enable the reservation of government service seats for SCs and STs. Amendments like the 77th and 85th introduced provisions for reservation in promotions. Article 16(4B) allows the state to fill unfilled SC/ST vacancies in the succeeding year, bypassing the 50% reservation cap. Articles 330 and 332 provide specific representation for SCs and STs in Parliament and State Legislative Assemblies. Panchayats and Municipalities also have reservation provisions under Articles 243D and 243T.
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Judicial Scrutiny of Reservation :
Landmark cases like 'State of Madras v. Smt. Champakam Dorairajan' and 'Indra Sawhney v. Union of India' shaped the legal landscape of reservations. The latter case highlighted the exclusion of Article 15's reservation provision, leading to the introduction of Article 15(4). 'Creamy layer' exclusion, restrictions on reservation in promotions, and the 50% cap were established. Subsequent amendments added Article 16(4A) to reserve promotion seats for SC and ST communities underrepresented in public employment. The 'M. Nagaraj v. Union Of India' case set three constitutional requirements for such reservations, including the preservation of administrative efficiency.
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Argument For Reservation :
Reservation is crucial to rectify historical injustices, level the playing field for disadvantaged sections, ensure representation, and uphold equality as the basis of meritocracy. It addresses systemic discrimination and provides opportunities to those historically deprived of resources.
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Argument Against Reservation :
Critics argue that reservation perpetuates caste divisions, fails to address economic progress, erodes self-respect, hinders meritocracy, and is exploited for political gains. The concept of the 'creamy layer' is seen as insufficient, and reservation is perceived as a mechanism of exclusion.
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Reasons Behind Increasing Demands :
Increasing demands for reservation stem from concerns over agrarian distress, employment stagnation, and developmental disparities, even in economically developed states. Upper castes fear losing privilege, leading to demands for similar advantages. Awareness among the neediest segments within reserved categories is also lacking.
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Suggestions :
Reservation should target economically deprived individuals, excluding those above a certain income threshold. It should focus on justice and equal opportunity rather than perpetuating caste-based privileges. Grassroots-level education reforms, awareness campaigns, and radical solutions like excluding the entire creamy layer from reservation could be considered.
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Way Forward :
Reservation is necessary for addressing historical injustices but should be carefully balanced to avoid harming societal cohesion. A strong political will is essential to find an equilibrium that promotes justice for the marginalized, equity for all, and administrative efficiency. Meritocracy should be encouraged through financial aid to the underprivileged, rather than lowering entry barriers. Reservations should evolve to meet the evolving needs of Indian society while maintaining the principles of fairness and equality.
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Author at Delta Sensor Pvt ltd
4 个月Any concession given for a length of period, invariably transforms into a RIGHT. Reservations is an ideal example and today no political party is willing to rethink this issue. The basic need was to bring the less privileged and historically backward classes into main stream and better their economic and social status. However this has remained a pipe dream even after seven decades. No efforts of substance were made to address the issue at grass root levels by providing education, resources and other needs to raise their educational and social standards so that they could compete equally with the more privileged. Instead the easier way out by just plonking a few from the backward classes in civil services, educational institutions of higher learning and in legislative assemblies / parliament was adopted. Soon, as is the norm in India, the system was corrupted and a few usurped the seats thus available while the bulk of backward classes remained where they were. There was no EFFECTIVE system to remove someone or a family from the backward list even after they had the good fortune of milking the system for generations. The system of reservations is a mess today that has overshadowed MERITOCRACY and FAILURES of the governments.
Make India's Agriculture Efficient, Equitable and Environmentally Friendly
7 个月Even Dr Ambedkar wanted reservations for scheduled castes and tribes for just 10 years. Now, India is in 77th year of independence and the reservation policy not only continues but has deeply entrenched economically, socially and politically. Now third or fourth generation people are enjoying the benefits of the reservation policy. Time has come to rethink if the reservation policy helping the country or hurting the country and its people whether of eligible castes or otherwise. In some western countries like the USA had a reservation policy for certain castes, Now there is rethinking going on as to whether this reservation policy be given up. India also needs to rethink objectively and reframe reservation policy on the basis of financial status of the family, irrespective of the caste, and let merit be the criteria for employment and promotions. If this is not done the caste system will continue for ever and keep the society divided which is harmful in many ways. How long the SC&ST want to continue to be classified as such? BTW, only they can change the system.
Make India's Agriculture Efficient, Equitable and Environmentally Friendly
9 个月Reservations based on castes further deepens the caste system. Let us hope that someday, India will give up the prevailing reservation quotas based on castes and make "meritocracy" as the only criteria for recruitment. Of course, there should be in place "social safety nets" to assure low-income families, irrespective of their caste, a reasonable standard of living and an access to education, health and shelter.
Yoga and Zumba trainer
1 年Reservation seeks to level the playing field, correcting historical imbalances that have left many at the fringes.
Vice President
1 年Reservation in India aims to uplift historically disadvantaged groups but can be contentious, balancing social justice with meritocracy.