The System of Reservation in India: Empowering the Historically Disadvantaged

Introduction

In India, the system of reservation, also known as affirmative action, was introduced to uplift the historically disadvantaged sections of society. Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Economically Weaker Sections (EWS) are provided opportunities through reservations in legislatures, government jobs, promotions, and educational scholarships. This system aims to rectify the past and historical injustice against these communities, ensure equal representation, promote a casteless and classless society, and advance the backward classes. In this article, we will delve into the details of the reservation system in India, its purpose, extent, and the laws formulated to enforce it.

History of Reservation System in India

The system of reservation in India has its roots even before independence. However, it was post-independence that the Constituent Assembly, chaired by Dr. B.R. Ambedkar, framed the system of reservation. Initially introduced for a period of 10 years, the reservation system was extended due to the continued societal and cultural discrimination faced by certain sections of society. The reservation policy was included in the Indian Constitution to recognize the historical injustice faced by backward classes and to provide them better access to resources and opportunities.

Reservation Quota in India

The reservation quota in India varies for different categories. As of March 2021, the distribution of reservation percentage for government jobs and higher education institutions is as follows:

It is important to note that these percentages may vary in different states. Maharashtra, for example, is estimated to have the highest percentage of reservation.

Mandal Commission: Identifying Backward Classes

The Mandal Commission, established in 1979, played a significant role in identifying the socially and educationally backward classes in India. The commission developed 11 criteria, classified as social, economic, and educational, to identify the Other Backward Classes (OBCs). The Mandal Commission report, submitted in 1980, recommended that 27% of government jobs be reserved for OBCs. This recommendation was implemented in 1990 by the then Prime Minister, V.P. Singh.

Laws Formulated for Reservation in India

Several laws have been formulated to enforce reservation policies in India. Some of the prominent ones are:

1. Article 15(4) - 1st Amendment, 1951: This amendment provides for special provisions for the advancement of backward classes.
2. Article 15(5) - 93rd Amendment, 2006: The 93rd Amendment introduced reservation for backward classes, SC, and ST in private educational institutions.
3. Article 16(3): This article allows for the reservation of posts in public employment based on residence.
4. Article 16(4): Reservation in public employment for backward classes is provided under this article.
5. Articles 330-342: These articles talk about special provisions for certain classes of society.
6. Article 45: Under the Directive Principles of State Policy, states have a duty to raise the standards of living and health of backward classes.
7. Article 39 A: This article ensures justice and free legal aid to Economically Backward Classes.

It is worth noting that the Constitution has been amended multiple times to introduce new provisions for reservation, the latest being the Constitution (One Hundred and Third Amendment) Act, 2019, which provides 10% reservation for Economically Weaker Sections (EWS) in educational institutions.

Critiques and Challenges

While the reservation system in India has been instrumental in providing opportunities to historically disadvantaged communities, it is not without its critiques and challenges. Some of the key concerns and debates surrounding the reservation system include:

Merit vs. Reservation

One of the primary debates revolves around the balance between merit and reservation. Critics argue that reservation compromises merit and leads to the selection of candidates based on their social background rather than their competence. However, proponents argue that the reservation system is necessary to rectify historical injustices and promote equal representation.

50% Cap on Reservation

The Supreme Court of India has imposed a 50% cap on caste-based reservations, ruling that exceeding this limit would violate the concept of equality. While many states have implemented reservation policies within this limit, there have been debates about whether the cap restricts the scope of providing opportunities to marginalized communities.

Economic Criteria for Reservation

The introduction of economic criteria for reservation, as seen in the 2019 amendment, has raised concerns about the effectiveness and impact of reservation. Critics argue that poverty alone cannot be the basis for providing reservations and that it may dilute the objective of uplifting historically disadvantaged communities.

Reviewing the Reservation System

There have been calls for a comprehensive review of the reservation system in India. Some argue that after 75 years of Independence, it is necessary to revisit the system of reservation in the larger interest of society. This review could include reassessing the identification criteria for backward classes, determining the relevance of existing criteria, and establishing a time limit for the reservation system.

Conclusion

The system of reservation in India has played a crucial role in addressing historical injustices and providing opportunities to historically disadvantaged communities. It aims to promote equal representation, rectify social and educational backwardness, and create a casteless and classless society. While the reservation system has been effective in some aspects, there are ongoing debates and challenges surrounding its implementation. A balance between merit and reservation, a review of the reservation system, and addressing concerns regarding economic criteria are some of the key areas that need attention. By continuously evaluating and refining the reservation system, India can strive towards a more inclusive and equitable society.

Legalstix law school is a reputable platform that offers comprehensive preparation for law students aiming to excel in the judiciary exams. With their specialized courses and resources, they empower aspiring lawyers to achieve their goals and succeed in their legal careers.

For More Such Notes: Download Notes from here

For More Such Notes: Download Notes from here

Here is a list of subjects included in the study material:

Invest in your legal education today with LegalStix Law School's digital product notes. Empower yourself with knowledge, excel in your exams, and pave the way for a successful legal career.

Keywords: reservation in India, affirmative action, historically disadvantaged, Scheduled Castes, Scheduled Tribes, Other Backward Classes, Economically Weaker Sections, reservation quota, Mandal Commission, laws for reservation, merit vs. reservation, 50% cap on reservation, economic criteria, reviewing the reservation system, Legalstix law school.

Additional Information: Legalstix law school is known for its excellent study materials, video classes, and mock exams, making it the ideal choice for students preparing for judiciary exams. Their commitment to providing high-quality and affordable legal education sets them apart from other institutions.