Reservation in India

Reservation in India is a system of affirmative action that aims to promote social justice by ensuring representation for historically disadvantaged communities in various fields such as education, employment, and politics. 

The system was introduced with the objective of rectifying centuries of discrimination faced by certain caste groups, particularly Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). While it has made significant strides towards inclusive development, the reservation system remains a highly debated topic in the country, with diverse opinions on its effectiveness, fairness, and long-term implications.

Historical Background of Reservation in India

The roots of reservation can be traced back to the British colonial era when various caste-based discrimination policies were practiced. However, it was only during the pre-independence period that formal demands for positive discrimination were made to improve the lives of marginalised communities. Notably, in 1881 and 1891, there were calls for more attention to be given to the educational and economic advancement of backward classes.

Post-Independence Evolution

After India gained independence in 1947, the Constituent Assembly, under the leadership of Dr. B.R. Ambedkar, took crucial steps to eliminate untouchability and social discrimination. The Indian Constitution, adopted in 1950, enshrined provisions for affirmative action in the form of reservations for SCs, STs, and later, OBCs.

The first significant step towards reservation came with the establishment of the Mandal Commission in 1978. This commission was tasked with identifying socially and educationally backward classes, and it recommended 27% reservation for OBCs in government services. This recommendation was implemented in the 1990s, sparking widespread protests and debates. The implementation of the Mandal Commission’s recommendations was a turning point, as it marked a shift from focusing on only SCs and STs to also including OBCs in the affirmative action system.

The Constitutional Framework for Reservation

The Indian Constitution provides the legal basis for reservations through various provisions aimed at protecting the interests of disadvantaged communities.

1. Article 15(4): This article allows the state to make special provisions for the advancement of socially and educationally backward classes of citizens, including SCs, STs, and OBCs. This provision directly justifies the reservation system, enabling the government to reserve seats in educational institutions and government jobs for these groups.
2. Article 16(4): Similar to Article 15(4), this article enables the state to provide reservations in public employment for individuals from backward classes. It allows for positive discrimination in employment opportunities to ensure that marginalised groups have an equitable chance at government jobs.
3. Article 46: This article specifically directs the state to promote the educational and economic interests of SCs, STs, and other weaker sections of society. It mandates the state to protect these communities from social injustice and exploitation.
4. Other Articles: Articles 330, 332, 243D, and 233T provide for reservations in legislatures and local bodies. They ensure that SCs and STs have representation in Parliament, State Legislative Assemblies, Panchayats, and Municipalities.

Judicial Oversight on Reservation

The Indian judiciary has played a critical role in interpreting the provisions related to reservation. The Indra Sawhney case (1992) is one of the most significant judicial interventions in this context. The Supreme Court upheld the reservation for OBCs in government jobs but ruled that reservations should not exceed 50% of the available seats, as this would violate the principle of equality under Article 14 of the Constitution. The Court also introduced the concept of the “creamy layer,” which excludes the relatively wealthier members of OBCs from benefiting from reservations.

Another important case is M. Nagaraj v. Union of India (2006), where the Court upheld the reservation in promotions for SCs and STs but ruled that states must collect empirical data on backwardness and inadequate representation before granting such reservations. This decision ensured that the state could not provide reservations arbitrarily without proving the necessity.

Types of Reservation and Their Impact

Caste-Based Reservations

Caste-based reservations primarily benefit SCs, STs, and OBCs. The Mandal Commission recommended 27% reservations for OBCs in government services, which was implemented by the government in the 1990s. Today, the reservation percentage is as follows:

• Scheduled Castes (SCs): 15%
• Scheduled Tribes (STs): 7.5%
• Other Backward Classes (OBCs): 27%
• Economically Weaker Sections (EWS): 10% (introduced in 2019)

These quotas are applicable in government jobs, educational institutions, and political bodies, ensuring that individuals from these communities get opportunities that were previously denied to them due to centuries of discrimination.

Gender-Based Reservation

In India, reservations are not limited to caste-based groups. Gender-based reservations ensure that women are represented in government bodies and public sector jobs. The Women’s Reservation Bill, which was passed in the Rajya Sabha in 2010, aims to reserve 33% of seats in Parliament and State Assemblies for women. Several states like Andhra Pradesh and Gujarat also reserve a percentage of jobs and educational opportunities specifically for women.

Economic Reservation

In 2019, the 103rd Constitutional Amendment introduced a 10% reservation for individuals from the general category who fall under the economically weaker sections (EWS). This was aimed at addressing the challenges faced by economically disadvantaged people from the upper castes. This move has sparked debates about whether it undermines the original purpose of caste-based reservations.

Controversies and Criticisms of the Reservation System

Despite its good intentions, the reservation system has faced substantial criticism and opposition. Some of the key criticisms include:

1. Perpetuation of Caste System: Critics argue that reservation, while meant to uplift marginalized groups, has inadvertently perpetuated caste-based identities and divisions. Instead of eradicating caste, it has entrenched it further into the social fabric, as caste remains a key factor in determining eligibility for reservations.
2. Merit vs. Reservation: One of the most significant criticisms comes from those who believe that reservation undermines meritocracy. Many argue that candidates selected through reservations are often less qualified than those from the open category, which can negatively impact the quality of service delivery in government and educational institutions.
3. Exploitation of the System: Another criticism is the exploitation of the system by those who belong to the “creamy layer” within backward castes, thereby depriving the genuinely underprivileged of their rightful benefits. This has led to calls for revising the creamy layer criteria and improving its enforcement.
4. Unfulfilled Promises: Despite decades of reservation, critics argue that there has been little improvement in the actual conditions of marginalized communities. Many argue that the reservation system fails to address the root causes of poverty and inequality, such as lack of access to quality education, healthcare, and employment opportunities.

Protests and Agitations

Reservation policies have sparked several protests across the country. Some of the most notable protests include:

• Mandal Commission Protests (1990):The implementation of the Mandal Commission recommendations led to widespread protests, particularly among students and professionals from the upper castes. The protests were against the perceived “unfairness” of caste-based reservations in government jobs and educational institutions.
• 2015 Patidar and Jat Agitations: Communities like the Patels in Gujarat and Jats in Haryana began demanding reservations for OBC status. These protests often turned violent, leading to loss of lives and property. The agitations reflected a sense of alienation among the economically backward upper castes, who felt they were being denied opportunities in the face of growing reservation benefits for other communities.

Conclusion

Reservation in India is a deeply embedded system of affirmative action that has played a crucial role in the social and economic upliftment of marginalised communities. While it has brought about positive changes, the system also faces significant challenges and criticisms. The debate over reservation will continue, and it is vital to strike a balance between social justice and meritocracy. Ultimately, the goal should be to build an equitable society where opportunities are available to all, irrespective of their caste, gender, or economic background.