Tag: #Article335oftheConstitution

Reservation Policy in India: Critical Analysis

Posted on

“It is against the fundamental principles of humanity, it is against the dictates of reason that a man should, by reason of birth, be denied or given extra privileges”

                                                                                                                  – Mahatma Gandhi

Introduction

Reservation in India refers to the process of assisting some special sections of the society in terms of education, scholarships, jobs, and promotions. These sections have faced historical injustice due to their caste identity. Reservation is a type of affirmative action based on quotas. Constitutional laws, statutory laws, and municipal norms and regulations govern the reservation. India’s long-standing caste system is to blame for the country’s reservation system’s inception. The reservation might be viewed as positive discrimination because it is based on quotas.

The Indian reservation system’s main goal is to improve the social and educational standing of poor populations and therefore their lives. The premise was that the vast majority of the poor came from a relatively small caste group and that they needed a social network to be accepted as full members of society.

It was a pittance in comparison to the millions of unfortunates who were subjected to the inequalities and humiliations of untouchability on a daily basis.

Historical Background

In 1933, British Prime Minister Ramsay Macdonald delivered the ‘Communal Award,’ which established the reservation system that persists today. Separate electorates were established for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits in this award. Reservations were initially exclusively available for SCs and STs after independence. On the Mandal Commission’s recommendation, OBCs were put in the ambit of reservation in 1991.

The Supreme Court, while sustaining the 27% quota for backward classes, overturned a government notification reserving 10% of government positions for economically backward classes among the higher castes in the Indra Sawhney Case of 1992. In the same decision, the Supreme Court upheld the concept that the total number of reservation beneficiaries should not exceed 50% of India’s population. The Constitutional (103rd Amendment) Act of 2019 has established a 10% reservation for the “economically disadvantaged” in government positions and educational institutions in the unreserved category. The Act adds language to Articles 15 and 16 of the Constitution allowing the government to grant reservations based on economic disadvantage. This 10% economic reservation is in addition to the 50 percent reservation limit.

Reservation in India

India’s reservation policy, which began in 1959, is the world’s oldest of its kind. In 1992, the Supreme Court of India determined that reservations may not exceed 50%; anything higher, it said, would violate the Constitution’s provision of equal access. As a result, reservations were capped. However, there are state laws that go over the 50% limit, and these are currently being challenged in the Supreme Court. For example, caste-based reservation is 69 percent in the state of Tamil Nadu, and it affects around 87 percent of the population. For a period of five years, the Constitution set aside 15% and 7.5 percent of vacancies in government-aided educational establishments and positions in the government/public sector, respectively, as reserved quotas for SC and ST candidates, with the situation to be reviewed after that.

After the provision for the reservation was first introduced, it became associated with vote bank politics, and subsequent governments and the Indian Parliament frequently extended it without any free and fair amendments. Reservations were then implemented for other portions as well.

The current reservation system has the potential to undermine the country’s economic structure by lowering labor productivity. The reservation system merely serves to divide society, resulting in discrimination and disputes between various groups. It is oppressive and has nothing to do with caste. It is the polar opposite of communal living.

Constitutional Provisions for Governing Reservations in India

The reserve of SC and ST in the Central and State legislatures is addressed in Part XVI.

The Constitution’s Articles 15(4) and 16(4) allowed state and federal governments to set aside seats in government services for members of the SC and ST communities.

The Constitution (77th Amendment) Act of 1995 added a new clause (4A) to Article 16 of the Constitution, allowing the government to give reservation in promotion.

Later, the Constitution (85th Amendment) Act, 2001 amended Article (4A) to offer consequential seniority to SC and ST candidates elevated under reservation.

The 81st Amendment Act of 2000 placed Article 16 (4 B) into the Constitution, allowing the state to fill unfilled SC/ST vacancies in the next year, effectively nullifying the fifty percent reservation cap on total vacancies for that year.

Articles 330 and 332 provide for particular representation in the Parliament and State Legislative Assemblies, respectively, by reserving seats for SCs and STs.

Every Panchayat is required by Article 243D to reserve seats for SCs and STs.

Every municipality is required by Article 233T to reserve seats for SCs and STs.

According to Article 335 of the constitution, the claims of STs and STs must be taken into account in conjunction with the administration’s efficacy.

Why is it Necessary to Evaluate the System?

Reservations are the most serious threat to meritocracy. Meritocracy should not be tainted by lowering entry barriers; rather, it should be bolstered by providing financial assistance to the poorest but most worthy individuals. Because of their preservation of merit, the NTs and IIMs are now held in high regard around the world.

Reservation based on caste is a tactic used to achieve narrow political goals.

In addressing social justice problems, a comprehensive Affirmative Action plan would be more beneficial than reservations.

Quota allocation is a type of discrimination that violates the right to equality.

The entire policy must be thoroughly studied, and the benefits must be calculated over a nearly 60-year period.

Poor people from the “advanced castes” have no social or economic advantages over those from the “backward castes.”

Most of the seats intended for “backward” castes are used by only the monetarily well-off, rendering the goal a complete failure.

Due to political difficulties, there is a fear that once reservation is implemented, it will never be removed, even if there is proof of upliftment of backward classes. In Tamil Nadu, for example, forward castes were only able to acquire 3% of overall seats (and 9% in Open Competition) in professional schools at the undergraduate level, despite their population percentage of 13%. This is an obvious case of discrimination in the wrong direction.

Many people favor reservations by citing the Mandal Commission report. According to the Mandal Commission, 52 percent of Indians are classified as OBC, but only 36% are classified as such in the National Sample Survey 1999-2000. (32 percent excluding Muslim OBCs).

As a result of the reservation, there has been an increase in brain drain as undergrads and graduates have begun to pursue higher education in foreign colleges.

Is it enough to have a reservation to assure community development?

Reservations are a two-edged sword when it comes to community development, with the two sides being the various sorts of reservations available.

When used in its traditional sense, a reservation really produces more harm than good. When society and opportunities for people are split based on caste and class, it creates a divide between those classes, preventing community harmony and growth.

If the reservation policy were reversed to guarantee places to economically disadvantaged parts of society, it would foster a sense of common upbringing among those who are financially well-off.

Conclusion

It is arguable whether a person’s caste constitutes an acceptable basis for quota in government jobs and colleges in the twenty-first century. Many people from lower castes have risen through the social ranks and are now on par with the ‘general population. Many upper castes, on the other hand, continue to be impoverished and illiterate. However, it cannot be maintained that caste-based reservation is wholly irrelevant because, at the time it was established, India had many discriminatory laws and norms enacted by religious leaders at various levels. Even after 63 years since untouchability was abolished, the lower class is exploited and discriminated against, as evidenced by Rohith Vemula’s case. However, the country requires a more comprehensive reservation system that encompasses the poor and backward groups while excluding the wealthy and dominant portions of all castes.

Reservations are now merely a method for politicians to increase their vote banks. In every way, they are impeding the country’s growth, progress, and capability. On the one hand, our constitution’s preamble declares that we are a free, democratic, and sovereign nation; on the other hand, the reservation system enslaves all of these characteristics. It is causing divisions and divisions among the population.

The topic of reservation has long been a source of contention between the reserved and non-reserved sectors of society. While the unreserved portions continue to oppose the provision, the most vulnerable sections within the reserved segments have little understanding of how to profit from it, if it even exists.

Reservations are now solely a tool for politicians to boost their vote totals. They are limiting the country’s growth, progress, and potential in every manner. The preamble of our constitution proclaims that we are a free, democratic, and sovereign nation; but, the reservation system enslaves all of these features. It is producing racial and ethnic divisions among the population.

This article is written by Ayushi Vaid of Vivekananda School of Professional Studies.

LATEST POSTS

ARCHIVES