RESERVATION IN INDIA: AN OVERVIEW TC20

ABSTRACT
The object of the article is to find out the problems and to look
upon the way forward for the reservation policy of India. The
writer has adopted analytical and descriptive methodology for this
article relying on books, articles, newspaper, online databases.
Author has focused on many constitutional provisions to determine
whether or not the reservation policy is satisfactory, also ensuring
that non-reserved sections do not get affected by this policy. This
article tries to answer the following questions:
 What is the concept of the reservation policy?
 What is the purpose of the reservation policy?
 What are the advantages and disadvantages regarding the
reservation policy of India?
 Which reservation related issues are to be addressed?
 What is the author’s conclusion?
INTRODUCTION

The Indian society is characterized by structural inequality and

discrimination based on the Indian caste system. In ancient times,
Hindu society was divided on the basis of Varnas, Jatis or classes-
the Brahmans, the Kshatriyas, the Vaishyas & the Shudras. Under
this hierarchy, Brahmans occupied the topmost position and
shudras, the lowest position in the society, they were considered as
most deprived economically and educationally.
Now, India being a democratic country, and in democracies all
people have equal representation as democratic countries are by
the people, for the people, to the people. Based on this principle of
democracy, reservation policy is an affirmative action undertaken
through reserving access to seats for equal representation in the
government jobs, higher educational institutions and policies to
facilitate reservation for socially, educationally backwards in India.
Reservation refers to an act of reserving (an affirmative action),
whereby a percentage of seats are reserved in the public sector
union, state civil services, state government departments & in all
public and private educational institutions for the socially and
educationally backward communities.
 The reservation policy is extended for the schedules castes,
scheduled tribes & other backward classes for representation in
parliament of India. This was introduced to facilitate the
representation to the unrepresented community.

The spirit of equal representation is enshrined under the provisions

of the Indian Constitution. The main purpose of the founders of the
Indian Constitution was to create an egalitarian society wherein
social, economic, political justice prevailed and equality of status
& opportunity were made available to all. Reservation is meant to
increase representation of scheduled castes to improve the socio-
economic status and to be in social equality among different
communities by upgrading the standard of the living, literacy and
political representation of the depressed classes.
Onwards 26 January 1950, the Indian Constitution prohibited any
caste based discrimination & abolished practice of untouchability,
the Union & State government ensuring special provision for the
advancement of any socially and educationally backward classes of
citizens or for the scheduled castes and scheduled tribes. The
reservation policy of India has emerged a debated issue not only in
the parliament but also among the common people.
Even in present days, people, academicians, sociologists criticize
the reservation policy because the policy has remained a cause of
disagreement between the reserved and the non reserved section of
the society. The question about benefits of reservation has been
often raised. This article outlines the implementations of the
reservation for scheduled castes in education and government jobs
from primary to higher education institutions.
RESERVATION IN EDUCATION
The directive principles of state policy includes universal
elementary education to all children up to the age of 14 years,
promotion with special care to make it constitutional for the state
to reserve seats for scheduled castes and scheduled tribes in the
public educational institutions as inclusive education will help to
promote all round and harmonious development of the nation. It
was the commitment of the government to merge the weaker
sections with the mainstream of the society. Article 15(4) 1 of the

1
Article 15(4): Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special
provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes.
 Indian Constitution also empowers the state to make special
provisions for the educational development of the scheduled castes
and scheduled tribes.
RESERVATION IN SERVICES
Indira Sawhney v. Union of India,2 popularly known as Mandal
Commission case, is the significant pronouncement of the Supreme
Court on the question of reservation of posts for backward classes.
In 1990, the VP Singh government at the centre issued an official
memorandum accepting the Mandal Commission recommendation
& announcing 27% reservation for the socially and educationally
backward classes in vacancies in the civil posts & the services
under the government. The memorandum was challenged before
the Supreme Court and it was considered by a judge bench. The
main positive aspect of the Supreme Court can be highlighted here-
overall reservation is limited to a maximum 50% in a year. Hence,
a creamy layer should be concluded for the backward classes.
Explaining the nature of Article 16(4)3 the Supreme Court held that
is an enabling provision conferencing a discretionary power on the
state for making any reservation of appointments or in favour of
any backward class of citizens which in the opinion of the state is
not adequately represented in the services of the state. Article
16(4) neither imposes any constitutional duty nor confers on
fundamental rights on any one for claiming reservation.
The scope of Article 16(4) was considered by Supreme Court in
Devadasan v. Union of India. In this case, the constitutional
validity of the ‘carry forward rule’ framed by the government to
regulate appointment of persons of backward classes in
government services was involved. The Court held the ‘carry
forward rule’ as unconstitutional. But in Mandal Commission case
the Supreme Court overruled the Devadasan case held that the
‘carry forward rule’ is valid so long as it does not in a particular
year exceeds 50% of vacancies.
Advantages of Reservation system in India
Reservation was initially proposed by Indian government to uplift
the social & economic position of minority communities namely
Scheduled Tribes, Scheduled Castes, other backward classes

2
Indra Sawhney v. UOI, AIR 1993 SC 477.
3
Article 16(4): Nothing in this article shall prevent the State from making any provision for the reservation of
appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
 (OBC). They were given some fixed percentage of seats in
government institutions, lowered cut-off marks in entrance exams
etc. This was done to merge them with the mainstream.
1. Uplifting the minorities – Minorities have suffered for a very long
time. Due to the discrimination faced by the minorities, the
government decided to come up with the policies to regulate their
status in the society.
2. Equal representation – These communities were deprived of the
social rights and never were considered while making a sound
decision. To get their decision represented, they are given special
protection under the guidance of Indian Constitution.

Disadvantages of Reservation system in India

At the present scenario, not every backward class person is
financially weak and not every forward is rich.
Reservation policy is not reaching masses, where it should. Rich,
influential, backward caste are getting opportunities and benefits
out of it, while poor, backward class people are still deprived of the
facilities they rightfully possess.
The real talented people often migrate to foreign countries where
they are offered handsome amount for their skills.
There is also lack of the transparency and the reservation policies
actually don’t get to masses.

Way Forward
The government must keep track of who is receiving the benefits
of reservations. There should be an open data policy for this
database.
A reservation should be on the basis of total family income as well
as other sources of income.
Only a restricted number of children should be made eligible for
reservation advantages. The government must ensure that those in
need are receiving the benefits of reservation policy by taking
appropriate measures.
Conclusion
 The reservation policy should be regulated. It should not become a
ladder to profit, money and other related interests. The policy
should reach up to masses and the people who are actually in need.
Reservation should be based on the financial background of
people.
The rules regarding ‘creamy and non-creamy layer’ should be
regulated. Also, the documents should be well checked, and the
policy should not be exploited. Reservations policy can only be
made effective, if the administration works with transparency.
The reservation policy in India has some issues that need to be
addressed for the proper implementation of reservation; the
government should relook and should take steps accordingly.
References
1. Basu, D.D., “COMMENTARY ON THE CONSTITUTION OF
INDIA”, Wadhwa And Co., Nagpur, Vol. 2, Eighth Edition, 2007.
2. "Constitutional Law of India" by M. Hidayatullah, Arnold-
Heinemenn, New Delhi, Volume 2, Chapter 4. Jain, M.P.,
"INDIAN CONSTITUTIONAL LAW," LexisNexis Butterworth
Sixth Edition of Wadhwa Nagpur, 2010.
3. The Constitution of India, 1950 Article. 17 and „The Statesman‟,
15th September 1950. Biswas, Manosanta. Banglar Matua
Andolan: Samaj Sanskriti Rajniti, Setu prakasahan, Kolkata, 2016,
p. 291 12.
4. Journal of the International Law Institute (2000), vol. 42, p. 42.