Tag: #ReservationinIndia

S.no	Contents
1.	Introduction
2.	Reservation for Economically Weaker Sections (EWS)
3.	Impact on Education and Employment
4.	Disagreements and Criticisms
5.	Transformation of the Socioeconomic System
6.	Implications for the Future and Problems

Introduction to the 105th Amendment Act

The Indian Constitution’s 105th Amendment Act, officially known as the Constitution (One Hundred and Fifth Amendment) Act, 2019¹, is a crucial legislative measure that introduced important changes in the field of reservations in India. This amendment passed on January 12, 2019, and adopted on August 5, 2019, marked a turning point in India’s lengthy history of affirmative action legislation.

The major goal of the 105th Amendment Act was to expand reservations to economically disadvantaged sectors (EWS) of the general population. It intended to provide equitable opportunity for individuals who were economically disadvantaged while not belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC). This modification sought to address the long-standing complaint that reservation systems disproportionately benefited specific castes, potentially leaving economically disadvantaged individuals out of the general category.

The inclusion of Articles 15(6) and 16(6) to the Indian Constitution was one of the significant measures established by this amendment. These provisions allowed the government to give up to 10% reservation in educational institutions and public employment for the EWS², allowing them to enter the intensely competitive Indian education and job sectors.

The passage of the 105th Amendment Act was a watershed point in India’s quest for social justice and equality. It triggered heated debates and discussions on what constitutes “economic backwardness” and the practical implications of such reservations. It generated both support and criticism, as with every big constitutional amendment, prompting a full assessment of India’s complicated confluence of caste, class, and affirmative action.

Reservation for Economically Weaker Sections (EWS)

The Economically Weaker Sections (EWS) quota policy was implemented in India through the 105th Amendment Act, which signified a substantial break from the traditional framework of caste-based reservations. This programme, which went into force in 2019, intends to reduce economic disparities and provide chances to those from economically disadvantaged backgrounds in general. 

Individuals in the EWS category are entitled to up to 10% of seats in educational institutions and government positions under the EWS reservation policy. Individuals or families must meet certain income and wealth requirements to qualify for EWS. The income restriction often takes into account factors such as family income, property, and agricultural holdings. By giving reservation benefits to people who are struggling financially but do not belong to any reserved category, this tactic aims to level the playing field.

One of its main benefits is that the EWS reservation policy does not conflict with currently held reservations for Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC). Instead, it adds a new category within the broader category for economically disadvantaged people.

The implementation of EWS reservations has received both praise and criticism. Proponents say that it tackles the issue of economic inequality, while detractors worry about the potential impact on current quotas and call the criteria of economic backwardness into doubt.

Impact on Education and Employment

The 105th Amendment Act’s inclusion of Economic Weaker Sections (EWS) reservations in education and employment has had a significant impact on access to these critical fields. This programme attempted to increase chances for economically disadvantaged individuals in the general category by allocating up to 10% of seats and posts in educational institutions and public jobs to EWS candidates.

The impact has been substantial in the field of education. EWS reservations have increased access to quality education for pupils who would not otherwise have had such possibilities. This change has enhanced competition and diversity in classroom settings, resulting in a more inclusive educational experience. However, it has raised concerns about the infrastructure and resources needed to accommodate the increasing student intake, which might put institutions under strain.

In terms of employment, EWS reservations have opened up new opportunities for job seekers from economically disadvantaged backgrounds. EWS candidates now have more access to government career possibilities in particular. This has the ability to generate greater social inclusion by creating a more varied and representative workforce. However, difficulties occur when attempting to balance the demands of employment quotas with the necessity for merit-based selections.

The impact of EWS reservations on education and employment is a source of contention, with continuous debates over implementation, effectiveness, and the difficult balance between eliminating economic disparities and maintaining the quality and efficiency of these institutions.

Disagreements and Criticisms

Since its beginnings, the 105th Amendment Act, which introduced reservations for the Economically Weaker Sections (EWS), has been the subject of various disputes and critiques. While supporters say that it reduces economic inequality, detractors have legitimate concerns about its possible consequences.

One major point of contention is the notion of “economic backwardness” used to determine eligibility for EWS reservations. According to critics, the income and asset limitations are arbitrary and do not reflect the genuine amount of economic need. This has raised concerns about whether qualified candidates are being denied, despite the fact that persons who are not genuinely economically disadvantaged may profit from the approach.

Another issue is that the existing reservation quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) may be diluted. Some are concerned that the 10% EWS reserve may limit possibilities for historically marginalised communities, undercutting the basic purpose of affirmative action policies.

Furthermore, there are issues regarding the viability of efficiently enforcing EWS reservations, particularly in highly competitive industries like as education and public jobs. Critics say that the sudden surge of EWS applicants will strain resources and infrastructure, lowering overall educational and administrative quality.

Critics of the 105th Amendment Act also criticise the timing and intentions for its passage, implying that it was motivated by political considerations rather than a genuine desire to redress economic inequality.

These debates and criticisms underscore the complexities of EWS reservations, as well as the necessity for continual examination and revision to ensure they achieve their intended goals without negatively impacting other marginalised groups.

Transformation of the Socioeconomic System

The 105th Amendment Act’s implementation of the Economically Weaker Sections (EWS) quota policy has the potential to cause enormous socioeconomic upheavals in India. While the entire scope of these changes will become obvious over time, a number of potential consequences can be predicted.

1. Increased Educational Access: EWS reservations give economically disadvantaged people easier access to quality education. As a result, a larger pool of qualified and educated workers from varied origins may emerge, potentially contributing to economic growth and development.
2. Expanded Employment Opportunities: The programme intends to solve unemployment and underemployment among economically disadvantaged groups by reserving government job openings for EWS candidates. This can result in a higher standard of living for EWS households and a decrease in poverty rates.
3. Reduced Income disparity: If implemented correctly, the EWS reservation policy may contribute to lowering income disparity by providing chances to individuals who were previously marginalised owing to economic constraints. EWS reservations can act as a social mobility mechanism, allowing individuals to break the cycle of poverty and access better prospects for themselves and their children.³
4. Diverse Representation: The policy may result in more diverse representation in educational institutions and government bodies in the long run, encouraging a sense of inclusion and equity.
5. Problems and Adjustments: It is crucial to emphasise that the policy offers problems, such as ensuring that infrastructure and resources can meet the increased demand for education and employment possibilities.⁴

The socioeconomic transition brought about by the 105th Amendment Act has a lot of potential, but it also needs to be carefully monitored, evaluated, and adjusted if it is to reduce economic inequities while retaining the effectiveness of institutions and services.

Implications for the Future and Problems

The introduction of EWS reservations in India via the 105th Amendment Act has far-reaching ramifications for the future, as well as a number of obstacles that must be properly addressed.

Future Possibilities:

1. Socioeconomic inclusiveness: EWS reservations have the potential to improve socioeconomic inclusiveness. The strategy attempts to eliminate income disparity and create a more balanced society by offering chances to economically disadvantaged individuals.
2. Diversity in Education and Employment: By including EWS candidates, educational institutions and the workforce can become more diverse. This variety can broaden viewpoints and produce a more welcoming workplace.⁵

Future Obstacles:

1. Effective Implementation: It is a huge problem to ensure that the benefits of EWS reservations reach the intended beneficiaries. Transparent methods and proper implementation mechanisms are critical.
2. Infrastructure and Resources: The unexpected increase in the number of EWS students and job seekers may put educational institutions and government organisations under strain. To handle this transition, adequate infrastructure and resources must be allocated.
3. Balancing current Quotas: Finding the correct balance between EWS reservations and current quotas for SC, ST, and OBC populations is a major difficulty. The strategy should not unintentionally limit chances for historically marginalised communities.
4. Political Manipulation: There is a concern that reserve policies will be manipulated for political advantage. These policies must be safeguarded against abuse.
5. Continuous Evaluation: To assess the long-term impact of EWS reservations, continuous evaluation and policy revisions may be required to guarantee the programme accomplishes its socioeconomic aims.⁶

To summarise, the future of EWS reservations in India is dependent on their efficient implementation, overcoming hurdles, and remaining focused on the larger goal of eliminating economic disparity and promoting a more inclusive society.

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Endnotes:

1.  The Constitution (One Hundred and Fifth Amendment) Act, 2019. “Gazette of India”
2.  The Times of India, “10% quota for poorer sections in general category challenged in Supreme Court,” January 10, 2019.
3. Kumar, S. (2019). “Impact of Reservation Policy in India: A Socio-Economic Analysis.” International Journal of Recent Research Aspects, 6(1), 1-10.
4. Dreze, J., & Khera, R. (2017). “Understanding Leakages in the Public Distribution System.” Economic and Political Weekly, 52(28), 49-55.
5. Kundu, T., & Kanbur, R. (2019). “Economics and Politics of Reservation in India: An Overview of Emerging Issues.” Cornell University ILR School, Ithaca, New York.
6. Thorat, S., & Attewell, P. (2007). “The Legacy of Social Exclusion: A Correspondence Study of Job Discrimination in India.” Economic and Political Weekly, 42(41), 4141-4145.

This article is authored by Srishti Singh, a pass-out student at O P Jindal Global University, Sonipat

“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.

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