The caste-based reservation system is a very hot and debatable topic in India, However, it is important in a society where discrimination prevailed in every corner of the society. It’s an important action with positive intent in which affirmative action is taken to provide equity rather than equality as to maintain or reduce social or economic as well as a historical injustice.
OBJECTIVES OF RESERVATION:
To rectify the past and historical injustice against the backward classes in India which prevailed for ages
To ensure equal representation from people belonging to different castes in the employment/jobs under the states and central government to bring equality
To provide an equal platform to everyone irrespective of their caste
To promote and advancement of the backward classes and bring them into mainstream
The affirmative action program that was envisaged during the founding moments of the republic is indeed one of the remarkable provisions to have been worked out by our Constitution makers. It has been historically significant in enunciating the principle of justice in a deeply unequal and oppressive social order such as ours.
PROVISIONS IN THE CONSTITUTION:
Part XVI deals with the reservation of SC and ST in Central and State legislatures. From article 330 to 342.
Article 15(4) nothing in this article or clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes or for the Scheduled Castes and the Scheduled Tribes.
Article16(4) 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 (4A) 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 the total number of vacancies of that year.
The Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
The Constitution was amended by the Constitution (77th Amendment) Act, 1995, and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
Constitutional 81st Amendment Act, 2000 inserted Article 16 (4B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on the total number of vacancies of that year.
Article 330 and 332 provides for specific representation through the reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively which are
Article 243D provides reservation of seats for SCs and STs in every Panchayat.
(1) Seats shall be reserved for:
(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes, and women in such manner as the Legislature of a State may, by law, provide:
Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State:
Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have an effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.
Article 243T provides reservation of seats for SCs and STs in every Municipality.
(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes, and women in such manner as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have an effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.
Article 335 of the constitution says that the claims of SCs and STs shall be taken into consideration consistently with the maintenance of efficacy of the administration. Claims of Scheduled Castes and Scheduled Tribes to services and posts.
The claims of the members 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:
[1] Provided that nothing in this article shall prevent in making of any provision in favor 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.
The reservation system in India is always a debatable topic since many support reservations but many do not. Let’s see its advantages and disadvantages.
ADVANTAGES OF RESERVATION:
SC said Ensuring adequate representation to disadvantaged sections is a state obligation.
Affirmative action programmed allowed in the Constitution flow from “enabling provisions” favor of sections that are backward and inadequately represented in the services based on quantifiable data.
Removes and reduces the exploitation and discrimination against lower Castes.
Historical injustice and negligence brought the political necessities to bring reservation
it is a tool, which acts against social oppression
Inclusive development to bring overall development of every individual from every section of society.
Reduce gap of development from upper to lower caste
Wide and social inclusive representation and utilization of talent in national development through equal opportunity
It is the duty of government to provide welfare approaches to all as provided in Directive Principles of State Policy and fulfill constitutional morality.
DISADVANTAGES OF RESERVATION:
Many upper castes are also suffering from poverty and illiteracy as well as the rationale is that social problems do not come only to lower Castes
Harm economic structure and bring in efficiency in administration as well as bring an economic burden on government
Compromise with the meritocracy as various peoples are facing problems even in exams General class are bringing higher mark then reserved categories still not getting passed
The populist agenda of political parties creates tension in various sections of society.
Tool to distort social fabrics and various sections demand it as Gujjar and patels.
No regular inclusion and exclusion policy: As it was started for only 10 years but due to poor insights, it is still prevailing after 60 years
In 1992, a nine-judge Bench of the court had drawn the “Lakshman Rekha” for reservation in jobs and education at 50%, except in “extraordinary circumstances”. However, over the years, several states such as Maharashtra and Tamil Nadu have crossed the rubicon and passed laws which allow reservation shooting over 60%. Question of whether the reservation should continue to remain within the 50% boundary or not.
Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018, which provides 12% to 13% quota benefits for the Maratha community, and thus, taking the reservation percentage in the State across the 50% mark was enacted under “extraordinary circumstances”.
Article 342A empowers the President to specify the socially and educationally backward communities in a State. It says that it is for the Parliament to include a community in the Central List for socially and backward classes for grant of reservation benefits which neglect the state-specific need as various state have different community which is neglected historically.
Quota without data: There is a lack of recent data on the representation of various communities in education and employment so confidential caste census data can be used for proper implementation in targeted delivery.
The Constitution permitted special provisions in favors of ‘socially and educationally backward classes’ through the First Amendment, as well as reservation in government employment for ‘backward classes. Judicial discourse introduced a 50% ceiling and the creamy layer concept as constitutional limitations on reservation benefits. However, the 103rd Constitution Amendment, by which 10% reservation for the ‘economically weaker sections (EWS) has been introduced, has significantly altered the affirmative action programme. With the current income ceiling being ₹8 lakh per annum for availing of both OBC and EWS quotas, there is a strange and questionable balance between the OBC and EWS segments in terms of eligibility, even though the size of the respective quotas vary.
WAY FORWARD:
Indira Sawhney verdict of 1992, fixing 50% limit on quota, needs to be re-looked by a larger Bench of more than nine judges The Supreme Court decided to examine whether its nearly three-decade-old judgment, which fixed reservation for the marginalized and the poor in government jobs and educational institutions at 50%, needs a re-look.
Political parties should consider making substantive changes to the way reservation is implemented States should base reservation policies on data, not political expediency.
Creamy layer concepts in SC/sts as in Indra Sawhney (1992), introduced the concept of ‘creamy layer’ — a term describing the well-off among the Backward Classes — and declared that this section should be denied reservation benefits, the original idea of including groups based on social backwardness was matched by a parallel exercise to exclude the more advanced among them there is nothing wrong in excluding the affluent among the eligible castes.
Real-time data is needed to monitor progress horizontally and vertically from all sections of society. Even conditional-based reservations can be provided to needy ones.
Exclusion and inclusions errors should be removed from time to time and one-time benefits to one family can be an option to remove reservation through providing opportunities and phase-wise elimination of reservation will work.
Also, effective outreach to needy ones as well as targeted action with proactive approach needed as well as revision of reservation should be adopted.
This article is written by;
Mr. Pankaj Kumar Gupta
(Email ID: [email protected])
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