CHAPTER – 1

INTRODUCTION

“Caste or no caste, creed or no creed, or class, or caste, or nation, or institution

which bars the power of free thought and action of an individual - even so long as
that power does not injure others - is devilish and must go down”.

- SWAMI VIVEKANAND

INTRODUCTION

Reservation is a strategy intended to address previous perception against weaker as

well as minor groups by means of educational and financial improvement measures.
Reservation can be described as “an effort to advance equal opportunities in
government and educational institutions. It is often instituted for ensuring that minor
groups are involved in every program within a community”. The reservation
justification is to offset a culture’s ruling class for earlier exploitation, persecution or
discrimination for resolving present discrimination. The concept of “affirmative
action” is to encourage social equity by treating socially poor individuals
preferentially. Increased social equality is the fundamental goal of reservation. Social
equality can be described as social situation where a certain respect, everyone in a
certain company or isolated group has the same status. Social equality involves equal
rights according to legislation, such as safety, freedoms of vote, liberty of expression
and assembly as well as the property freedoms’ scope. Although, health care,
schooling as well as other social security’s access is also included. It also covers equal
opportunities and responsibilities, which also affects society as a whole. Social
equality signifies the social component of equality, instead ofincomeor economic
equalities. Reservations in India are processes in which participants of other backward
castes (OBC’s), Scheduled Castes (SC’s) andScheduled Tribes(ST’s) have a certain
proportion of positions (vacancies) in public organizations. Reservation is a quota-
oriented affirmative action where a positions’ proportion are reserved for academic
and social backward groups.

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Reservation in India has a legal backing. The legislature, State and Central civil
services, and other government industry units were guaranteed reservations. It is also
available in all governmental and private educational institutions.1

In our Constitution, the notion of reservation was enshrined so that the so-called
disenfranchised classes would match the privileged ones. In order to achieve equal
opportunities and equal status in community, the Constitution of India allows for such
“positive discrimination”. Reservation had not been a transitional occurrence for the
founding fathers. These reservation provisions are to be continued until socially and
economically stable statuses are achieved. Reservations were made to help the
disadvantaged classes achieve stronger support and benefit from an independent
country.2

Since the last 70 years, not much has changed which raises a question about our
achievements. Few experts have criticised the reservation policy. They argue that we
have totally failed to bring the poor on a par with the remainder of society. On the
contrary, reservation policy often appears to seek to compensate the mistake
performed all these years to the unprivileged. We have forever prevented the
movement of a segment of culture by murdering their zeal for hard work and being
honoured. Who would like to work hard if you get a chance and other rewards without
midnight oil burning? The policy should be developed, instead of encourages such
lethargy, in such a manner that every part of society is used for the sake of the
betterment of it, irrespective of its caste or community.

Given the current situation, it is important to keep “vote-bank policies” away and to
work for improving strategies and programs for upliftment of the underprivileged.

1.1 DEFINITION OF RESERVATION

There are various views propounded by experts. As per Encyclopaedia Americana,

the reservation is described as:

“A reserve is a supply for future use or something separated for a specific

purpose”.3

2
 The reservation is used in accounting as: “indicating an asset deduction (a
contra asset account), a responsibility whose precise sum is unspecified, and an
assigned part of retained profits”.

The English dictionary of Oxford defines the word reservation as “an implied or
tacit restriction or exception”.4

The public administrative dictionary defines the word ' reservation policy ' for India as
based on the preference of the people who are “backward”. It is intended as a social
engineering device which is consciously planned and can be based upon accretive
requirements such as ethnicity, gender, and even geographical location.5 In a few
advanced and developing countries, such preferential strategies are being followed. It
is called “beneficial or affirmative action” by the United States. In Malaysia, it is
called “Bhumiputra preferences”. The reservation scheme of India is based on caste.
The caste system is considered to be hierarchical with Harijans, Dalits, or the
Scheduled caste, occupying the lowest stature of the four varnas.

The reservation of the “marginalised groups” is just one significant means of

promotion of equality. The real meaning of equalitymust first is understood. In this
respect, it is essential that the Indian regime ensures equal treatment of the
marginalised groups. However instances of conservative thinking limit the actual
implementation of these provisions in community.

Fortunately, the “judiciary” in India have the most powerful judicial power, i.e., the
authority of judicial review.6 Through this judicial review’s authority exercise, the
judiciary “not only interprets the Constitution but also upholds the Constitution”. The
Acts of the Court as holder and holder of the legitimacy of the Constitution,
maintaining all the officials within their corresponding legal competence as
parliamentary, supervisory, administrative, supervisory or quasi-judicial. The
“reservation policies” are at a point when their critics and followers are both
dissatisfied with them after fifty six years of their execution in independent India. The
effect of the reservation has to be assessed against the effect of the government's other
strategies in this era. With social justice, growth is expected by planning. For the

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development of STs and SCs, thousands of crores of rupees has been invested through
planning by Indian Govt.7

Presently SCs, STs, OBCs and the EWS (Economically Weaker Sections) are the
reserved classes. Total reserve quota in many Indian states is about 59%. The pattern
seems not only affirmative but promotes discrimination. In backward classes, thus,
there is a different economic class structure. As economic status is not a test used to
obtain these benefits for SC’s and ST’s, the deserving ones are still standing where
they have not improved their status dramatically among the SC/ST groups.

Tpyes of reservation

The “quota system” lays separately for employees of a particular community a

percentage of all feasible roles. Those who don't belong to the groups can only
compete for other roles, while the reserved groups may contend for all the roles. For
instance, if two among 10 clerical posts in the railways are reserved for ex-soldiers,
both the general classification and the particular quota are open to competitors in the
military.

1.1.1 Caste based reservation

Seats shall be reserved by the Central Government and the State government for
“ ”

Schedule Castes, Schedule Tribes and other backward castes. The caste can never be
altered and chosen on the basis of birth. While an individual can modify his or her
religion and his or her financial position, the caste is constant. Schedule caste learners
(Dalit) as well as Schedule Tribes (Adivasi) are reserved with 22.5% accessible
positions in central government-funded greater education organizations (7.5% for
STs; 15% for SCs). By addition of an extra 27% for OBCs, this proportion of
reservations has been increased to 49.5%. Eight percent of the slots for AIIMS are
reserved for STs, as well as 14% for SCs. Furthermore, only 50% SC / ST learners are
qualified. Also, in every election where some constituencies are allocated for definite
groups as well as in parliament, the proportion is observed. In several states such as
Tamil Nadu, 18 percent of reservations are focused on local demographics and 1
percent for STs. In Andhra Pradesh, 4% schools as well as government employment
are reserved for Muslims, 6% for STs, 15% for SCs, and for 25% BCs.

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1.1.2 Religion Based Reservation

The government of Tamil Nadu allocated 3.5% seats to Christians and Muslims each
and therefore changed the OBC allocation from 30% to 23%, as it does not include
individuals of the other backward groups, who are either Christians or Muslims. The
reasoning of the government stated such sub quota depends on social groups and not
individuals.
The Andhra Pradesh government enacted a law allowing Muslim reservations of 4
percent. It was challenged in court. A 12% threshold for Muslims is available in the
Kerala Public Service Commission. Educational institutions with religious minority
status also have a 50% reservation for their beliefs.

1.1.3 State of Domicile

All employment under State governments, with few exceptions, are reserved for those
residents under that State. In Chandigarh, 80% of the positions were reserved
Chandigarh Domiciles previously. But now it is reduced to 50%.
Undergraduate colleges:
Institutes such as JIPMER follow a reservation policy for JIPMER postgraduate
students. In All India Institute of Medical Sciences seats have been reserved for those
who complete degree of MBBS from the Institute.

1.1.4 Reservation for women

1. Exclusive organizational women's education (e.g. girls ' schools for women, etc.),
which can be viewed as a sort of reservation.
2. Deserted females and widows reservation.
3. Government transport reservation in some countries.
4. Lower reservation of birth in trains for females and females over the era of 45.
5. The arm contingent for females exists individually. A distinct woman command
regiment is located in Tamil Nadu.

1.1.5 Reservation for Economically Weaker Sections (EWS)

In 2019, the central government declared 10% reservation to the EWS by 103rd
Constitutional amendment. The Supreme Court has also upheld the constitutional
validity of this provision.

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1.1.6 Other criteria

A few reservations are available for:

1. In public Bus transport, seats are reserved for senior Citizens.

2. In worship places, there are paid pathway reservations (example Tirupathi Balaji
“

Temple, Tiruthani Murugan (Balaji Temple)).

3. Reservation in Government undertakings’ special schools / PSUs meant for their
”

employees’ children only (for example, army schools etc).

4. Those born from inter caste marriage.
5. Repatriates.
6. Dependents of armed forces personnel killed in action.
“

7. People that served in the armed forces (ex-serviceman quota). ”

8. Various organizations sponsored candidates.

9. Non-Resident Indians (NRIs) have few reserved seats’ in educational institutions.
“

They have to pay in foreign currency and pay more fees (from IIT NRI
”

reservations were removed in 2003).

10. Sports persons.
11. Physically Handicapped.
12. Freedom Fighter’s Sons/ Daughters/ Grandsons/ Granddaughters.

1.1.7 Relaxations

Given that some top universities in India like the IIMs, the IITs are included in the
world’s most selective, it is no surprise that the most reservation requirements are
given to these organizations at the entry point. In some reserve classifications, some
requirements are loosened and others are eliminated entirely.

Reserve seats are loosened with minimum high school marks requirements. For
instance, IIT / JEE reserved entry is immediately provided to applicants earning
approximately 65% from the last overall category applicant accepted.

1.1.8 Reservation in the Private sector

The present controversy is about granting reservations, in private sectors. The job
creation in the public sector has declined, which led in the rise of the private sector.
But is our country just for the reverse? Why do leaders always care about the
6
backward class problem? Few castes have been very suppressible over millennia, but
that does not imply misuse of instruments for empowerment such as a reservation.
The leaders have become more and more aware of this.

If true empowerments are the goal behind them, the state should urge excellent higher
education colleges and world class organizations and create reservations conducive.
This would take a long time to resolve the backward issues.

If the politicians depend entirely on the backward and believe that reservations assist
them, they would repeat the error that they repeated all these years. It would only
assist concentrate energy in a few of the classes that are not intended to reserve
themselves.

Origin of Reservation

As a consequence of the decades of plasticizing the shape of a social hierarchy called

the caste system, India has been split into many endogamous groups or sub castes.
Reservation policy advocates say the traditional caste system is to blame for this. As it
is done, oppression and the recreation of lesser castes are reserved and their surplus is
restricted to multiple liberties such as education, classes and the consciousness
amongst the individuals of India is distributed by Christian missionary activism.
Britain’s leaders enacted legislation for reverse class development. Ancient texts like
Manu Smriti are Varnasrama dharma translated into colour-based departments. This
principle was accompanied by caste exercise in India. Long before Independence in a
big region, consisting of the presidential regions and the princely States north of the
Vindhyas, reservation was implemented for backward classes (BCs in Maharashtra
Chatrapati Sahuji Maharaja from Kolhapur made reservations to backward groups
back in 1902 to eradicate poverty among them and to offer them their proper part of
the government. The 1902 communication established a retail class / community
service reservation in the state of Kolhapur at 50 per cent.

There has been no uniform application of the idea of untouchables across the nation; it
is not a simple job to identify OBCs. Moreover, in the southern regions of India
segregation and the practice of untouchables occurred more and was more widespread
“

in northern India. Another complexity is that in one province but not in other

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provinces there are certain castes / groups that are deemed untouchable. In Hindu
”

societies by childbirth, some castes are focused on traditional occupation. Castes have
been listed for a long time. Beginning with Manu, our oldest time in history. Medieval
chronicles describe groups in different areas of the nation. After 1806, registration
was made on a large scale during the British colonial period. During the censuses
between 1881 and 1931, the method collected momentum. In Southern India,
especially in Tamil Nadu, the rear class movement also first collected. Some of the
social reformers in the nation are continuing attempts: The upper-class barrier
between them and the unchanged, made up completely of the Chhatrapati Sahu ji
Maharaj, Babasaheb Ambedkar, Jyotiba Phule, Periyar and many others. As a
consequence of the millennia of practice of a type of social hierarchy, called the caste
system, India is broken into various endogamous communities or castes and sub-
castes. Reservation policy proponents say that the traditional caste system in practice
contributes to serious repression, separation and restriction of access to multiple
liberties, including education.

Caste is Varnasrama Dharma according to old writings such as Manu Smriti,

which is translated into coloured offices. This principle was accompanied by caste
exercise in India.

In 1882, Mahatma Jyotirao Phule named a committee and asked for free and
mandatory education.

In 1891 public positions were requested with a proportionate reserve / representation

in public employment. In 1901, reserves were made in Maharashtra Principal State of
“

Kohalpur by Shanu Maharaj reservation in the Principal States of Baroda and Mysore
were already in place in 1891 with agitation in the Princess State of Travencore
against the hiring of non-natives. ”

In 1908 a range of castes and groups with little participation in British administration
were made reservations. The Government of India Act 1909 laid down in 1909.8

Dr. B.R. Ambedkar and RESERVATION: In 1911, caste-based census, gave a

report that there are totally 429 oppressed castes which are later called as SC/ST's.

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“Due to our lack of knowledge and even most books presented Dr. Ambedkar as an
upper-Caste villain and a SC / ST Hero. Yet in practise he struggled for equality not
only from the social view point but also from the economic and political point of
view.To reduce the gap between rich and poor, low caste and high caste, one religion
and other religion, policy of RESERVATION was must during the times of
independence. India, needed an overall growth, wherein every individual no matter
what caste he belonged to, no matter what religion he belonged to, no matter how
rich or poor he was, giving opportunity everyone, was the only solution.”

In 1919, reforms were implemented in Montague-Chelmsford and the Government of

India Act 1919 provided provision for reservations.

In 1921, in the Presidency of Madras, 44% of the domestic reserves were imposed on
non-Brahmines, 16% on Brahmines, 16% on Muslims, 16% on English-Indian
Christians, and 8% on Schedule families.9

Dr. B. R. Ambedkar requested a RESERVATION of employment for OBCs and SC /

ST in public organizations in 1930. However, Gandhiji opposed this heavily and
limited Dr B.R. Ambedkar as chief of SC / ST alone, and not of OBCs. Gandhiji
heavily opposed both SC-ST and OBC's declaration. This declaration-Dr. B.R.
Ambedkar has succeeded in bringing Reservedness to SC / ST after much battle and
resistance from all rulers, and presented an OBC paper with much resistance.10

1.1.9 Poona Pact and towards the Constituent Assembly

This alludes to an understanding at Yerwada Central Jail in Pune, India marked on 24

September 1932, among Mahatma Gandhi and Dr. Babasaheb Ambedkar. It was
marked by Pandit Madan Mohan Malviya and Dr. Babasaheb Ambedkar and some
different pioneers to break the quick unto demise embraced by Gandhi in Yerwada
jail to revoke the Macdonald Award giving separate electorates to Dalits for choosing
individuals from state authoritative congregations in British India.

The Terms of the Poona Pact were as below:

1. There will be Scheduled Classes seats saved out of general electorate. Seat in the
Provincial Legislatures were as per the following: - These figures depend on the

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 all-out quality of the Provincial Councils declared in the (British)Prime Minister's
choice.

2. These seats’ election will be through joint electorates subjects, in any case, to the
accompanying methodology – All individuals from the Scheduled Classes
enrolled in the general appointive move of a voting public will shape a
discretionary school which will choose a board of four applicants having a place
with the Scheduled Classes for every one of such held seats by the technique for
“

the single vote and four people getting the most astounding number of votes in
such essential races will be the contender for race by the general electorate. ”

3. The Scheduled Classes portrayal in the Central Legislature will in like manner be
on the rule of joint electorates and held seats by the strategy for essential race in
the way accommodated in condition above for their portrayal in the
commonplace governing bodies.

The Constituent Assembly’s make-uprevealed realism of what packs utilize control in

India, in past and present. An assessment of interest in basic Constituent Assembly’s
cautioning warning gatherings discovered that SCs were 6.5%. 45.7% were Brahmins.
Scheduled Caste and Minority representatives had few effects in the midst of the
Assembly techniques, with a couple of holding basic position. Minorities’ Sub-
Committee Chairman, as well as Constituent Assembly’s Vice-President who were an
Indian Christian was Dr H.C. Mookherjee. In any case, by a wide edge the most
crucial was Dr Ambedkar.

India’s first Prime Minister, Jawaharlal Nehru (1889-1964), as well as overwhelming

political figure till his passing, had adequately picked Ambedkar, a rehearsed lawyer,
as his Law Priest. Nehru being Brahmin himself, attempted to make a typical India
free from station isolation.He was considered amongst various skilled Hindus
invalidated to station framework as checked in 1933 by Gandhi in Harijan trade with
Ambedkar (above). Provided Ambedkar’s abilities and Nehru’s perspectives, it isn't
astonishing that Ambedkar progressed toward getting the chance to be executive of
the drafting driving gathering of trustees for new constitution of India. Additionally, it
was a shrewd political move for two pioneers. It kept oneself ruling questioned
Ambedkar prepared for association at a major time for Nehru; for Ambedkar, this was
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a chance for influencing new constitution’s accessibility as well as ensures interests of
Scheduled Caste.

For managing the minority rights issues an intriguing Advisory Committee was set up
by assembly. The board was likewise detached into various subcommittees. The
minority subcommittees concentrated on authoritative gadget to guarantee the
minority rights affirmation, reservation game plan for minorities in the open
associations, seats reservation for minorities in coordinators, and delineation in
assemblages (separate versus joint electorates as well as weightings).

After extensive discussions as well as research, a report was drafted by Minorities’

Subcommittee related to its revelations for Advisory Committee’s settlement. The last
upheld the Subcommittee’s proposals greater part.11 Advisory Committee’s Chairman,
Vallabhbhai Patel (1875-1950), as well as after Nehru, most personality blowing
individual from the managing Congress party, showed this Minority Rights Report to
Assembly’s President, Rajendra Prasad, on August 27, 1947, Get together met to
examine the Report. Trade was opened by Patel showing the Warning Committee’s
vital endorsements. Dismissing distinctive electorate—Congress required no rehash of
different electorates as British gave up to the Muslims—as well as a weight-age
framework, the Report reinforced joint electorates making as well as relating
delineation. For minorities’, reservations were endorsed, providing the reservations
were in degree to inhabitants amount in focused on social gatherings. Two or three
minorities, similar to the Parsis, intentionally surrendered this right.

Treatment of the Scheduled Castes was generally talked about. Attempts by

“

Ambedkar what's more, his accomplices to make a course of action requiring a

tripwire 35 percent of Scheduled Caste cast a tally in a body electorate held for the
Scheduled Castes failed. The standard of fundamental throwing a ticket what's
”

increasingly, held seats in authoritative bodies all through the country was held
despite strong limitation from powerful Constituent Assembly people like Nehru. In
any case, the commonplace time frame game plan of having the Scheduled Castes
“

pick plausibility for spared situates through neighbourhood representative schools was
dropped. All through the exchange, position Hindus permitted nothing that would

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propose separating from the Scheduled Castes in a constituent sense from the Hindu ”

people group.

Reservations under the Constitution

India became republic on January 26, 1950, and made its new constitution a reality.
The Indian Constitution restricts any division based on faith, ethnicity, grade, gender
and place of birth with a whole section dedicated to assent rights (Article 15[1]). This
law extends to each individual open organisation, such as public education bodies, the
access to restaurants and inns, open business and open ponds, tanks (water supply and
washing artificial lakes), as well as roads. The “anti-unto uchability” provisions are
provided under Article 17 of the Indian constitution.

In essence, Article 15 that limits segregation, also includes a clause that allows state
authorities and the Association to create any exceptive arrangements for educationally
and socially progress in the inverse groups of inhabitants or of the Scheduled Tribes
and Scheduled Castes. Nehru himself believed in any event that the pace of change is
proof of the sound political assistance for reservation.

Furthermore, Article 16, which calls for balance of opportunities in the problems of
open working, includes provision to reserve arrangements or messages for all
regressive classes of Indians that are not adequately represented in State
administrations, for SC and ST, as well as also to reserve reservations in matters of
development. The Uncommon provisions for certain categories in a distinct field of
the Constitution involve seats reservation in the Lok Sabha or Place of the People or
for the SC and ST of States’ legislative assemblies. With regard to population gauges
from the recent decennial assessment, the number of positions retained is governed by
the amount of the people from the Scheduled Caste and Scheduled Tribe to the all-
encompassing society. In interviews with the State Governments, the President of
India and Parliament decide to run the meetings that are called Scheduled Castes,
Reserved Tribes and in inverse groups.

These reservation schemes include a few shields. Initially, the Constitution needed
that the reservation policy of the Lok Sabha seats and state meetings be completed
after ten years. The strategy is currently scheduled to end on 25 January 2010

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following five modifications. Furthermore, Constitution’s Article 335 expresses with
regard to reservation of occupations that the instances of people from the SC and ST
should be reliably reflected with the preservation of organizational capacity. Finally,
the Plans for the Financial Improvement of such meetings included an examination,
screening, exhorting and assessing the development of Scheduled Castes and Program
Tribes. Also, for investigating the inverse groups countries educative and socially,
another Commission was also developed.

It was fascinating in remember that the reservation made by the Constitution

unmistakably distinguish specific castes for exceptional special therapy, deny the
prohibition on the standing, ethnicity and other such criteria-based segregation of the
record. Moreover, India itself has a strong birth chain and the standing structure does
not conform to the convictions of equity and social equity.

The constitution provides the individual countries incredible freedom to decide the
quantity and points of reserve detention, and what, for example, is referred to as the
control of organisation's productivity, despite the creation of midway commissions for
screening reservations and other schemes. Neither is there a strong significance of in
opposite. Moreover, however, there is no guarantee of this type in terms of the
potential end of registration of occupations and advances when, from time to time, the
adaptable time limit is set for reservations of representatives at Lok Sabha and state
administrative meetings.

The courses of action available in the Indian Constitution, in perspective on which

requests related to reservations in organizations for other Backward Classes (OBCs),
Scheduled Tribes (STs) and Scheduled Castes (SCs) have been distributed by
“Department of Personnel and Training and Ministries of Social Justice of
Government of India”. The courses of action made in the Constitution’s Articles 16,
335, 338, 340, 341 and 342 related to reservations, confirmation as well as shields, in
open work w.r.t. the individuals having a spot with the SCs/STs as well as “Other
backward classes (OBC’s) and Economically Weaker Sections (EWS).

Article 16 allows the State to make courses of action for game plans reservation or
posts for OBCs, STs and SCs. Regardless, the point by guide courses of action with
deference toward the quantum as well as the reservation importance in plan or posts
13
are directed by the solicitations distributed now and then by the “Department of
Personnel &Training, Ministry of Personnel, Public Grievances and Pension,
Government of India”. The reservation pertinence requests are liable to the
methodology for enlistment. The degree of reservation just as the reservation use
technique will depending as well as varying as shown by the methodology for
enlistment.

At any rate the action reservation approach has three fundamental imperfections. At
first, it has an out of line tendency against Muslims who don't benefit by such
systems. Second, it emphasizes position or family instead of pay or wealth:

The reservation in India aims to understand welfare advancement that,

unquestionably, has been financially as well as socially debilitated. In any case, in
attaining such judgment regarding who musthave reservation, the worldview having a
person’s situation instead of his compensation or wealth. Subsequently, packs having
a spot with what Indian Constitution’s Article 115 refers socially as well as
enlighteningly in switch class have benefitted by reservation regardless of the way
that, before long, various people of these get-togethers couldn't be seen as in turn
around. This has inferred that an enormous number of the reservation upsides gotten
by well-off social occasions from the disheartened classes (e.g., SC chamars) whereas
less lucky get-togethers from the debilitated (e.g., SC bhangis) had failed to be
benefitted.

In central government upheld propelled instruction foundations, Scheduled Tribe (ST)

and Scheduled Caste (SC) understudies supposed to have open seats’ 22.5% (i.e. SCs
having 15%, STs having 7.5%). There is an increase in the reservation rate when
additional 27% reservation for OBCs were added resulting to 49.5% reservations. The
particular matter was sought after Parliament discussion as well as everychoice where
a few casting a ballot socioeconomics are saved for those from explicit systems
(that will next turn in 2026 for each the Delimitation Commission).12
“

1.1.10 The precise rates fluctuate from state to state

In Haryana, the reservation is 20% for SCs, 16% for in reverse class A, 11% for in
reverse class B, 10% unique in reverse class, 10% financially in reverse in open

14
station and 3% for physically impaired (70% aggregate), in view of neighbourhood
”

13
socioeconomics .

• In Andhra Pradesh, 27% instructive organizations as well as government

occupations are saved for OBCs, 6% for STs, 15% for SCs, 33.33% for ladies.14
• In Northeast India, particularly in Mizoram, Nagaland, Meghalaya and Arunachal
Pradesh, 80% ST reservation is in State Govt. employments with just 20% open.
In Rajiv Gandhi University and NEHU (shillong) Central Universities, 60% seats
are saved for ST understudies.
• In Rajasthan, the reservation for SCs is 16% and for STs 12%, OBC 26% (54%
aggregate) in view of neighbourhood socioeconomics.
• In Madhya Pradesh, the reservation for SCs is 16% and for STs 20%, OBC 27%
(63% aggregate) in view of neighbourhood socioeconomics.
• In Bihar, the reservation for SCs is 15% and for STs 1%, OBC 34% (half
aggregate) in view of nearby socioeconomics.
• In Uttar Pradesh, the reservation for SCs is 21% and for STs 2%, OBC 27% (half
aggregate) in view of nearby socioeconomics.
• In Kerala, the reservation for SCs is 8% and for STs 2%, OBC 40% (half
aggregate) in view of nearby socioeconomics.
• In Karnataka, the reservation for SCs is 15% and for STs 3%, OBC 32% (half
aggregate) in light of nearby socioeconomics.
• In Maharashtra, the reservation for SCs is 13% for SCs and for STs 7%, OBC
“

32%, Maratha Caste 16% (68% aggregate) in view of nearby socioeconomics.

• In Jharkhand, the reservation for SCs is 11%, for STs 27% and OBC 22% (60%
”

aggregate) in view of nearby socioeconomics.

• In Tamil Nadu, the reservation for SCs is 18%, for STs 1%, BC 30% and MBC
20% (69% aggregate) in light of nearby socioeconomics.
• In West Bengal, OBC, ST, and SC has 35% reservations in government
occupations and instructive foundation seats as (7% for15 OBC, 6% ST, 22% SC,
and B16). also, in religious premise, there is no reservation in West Bengal, yet
few monetarily as well as instructively in reverse Muslim positions (premise
surnames that are related to several calling e.g. bweaver, shoemaker etc.) have
been included in OBC list together with their Hindu partners to be specific OBC
“

15
 An and OBC B, in the two record rank from the two networks are there. In higher
instructive foundations, until now OBC people group has no reservation however
”

with respect to confirmation in essential, optional as well as high auxiliary

studies, reservation is provided.17

1.1.11 Gender

On 9 March 2010, there was voting on women’s reservation bill in Rajya Sabha. It
was supported by 186 in its favour and one against it. The Lok Sabha did not cast a
vote on the proposal since March 2013. Commentators State sex alone cannot be
taken to consider distinct elements as a reason for reservations, especially while
making a reservation for educated women, as a financial, personal government of
woman hopeful. In previous reservations, such as OBC, SC / ST, physical disabled
etc, there is also an increasing interest in women's reservations. A few meetings are
still of concern, since they include 50 percent of the inhabitants, that reservation for
women should amount to around 50%.

For women in all administrative divisions and administrations in Gujarat 33 per cent
of positions are kept in police, wellness, education and public administration, for
instance.18

1.1.12 Religion

In the Central Instructive Establishments, there is no religious-based reservation

permitted at the domestic level despite the reality that religious minorities in certain
countries have been subject to reservation. The Tamil Nadu govt allocated 3.5% of
the seats to Muslims and Christians, thus altering the OBC allocation to 23% by 30%
(as it prohibits individuals who are Muslim or Christian with Other Backward
castes).19

In 2004, Andhra Pradesh government introduced a statute authorizing 4% Muslim

reservations. The Supreme Court kept this law in a meantime in 2010 but it included a
constitutional seat to examine the problem further.20 The request was made to check
the validity of religious parts.21 For Muslims, the Kerala Public Service Commission
has 6% reservation. In addition, educational religious minorities (Muslim or
Christian) have half reservation for Muslim or Christian groups. The Central

16
government has registered different groups of Muslims as in the opposite Muslim
population, rendering them reserved.

1.1.13 Debate

On 22 December 2011, the Union government announced that the proposed 27%
reservation for other disadvantaged groups was focused on 4.5% of religious
minorities. The theory was that the OBC-status Muslim people are unable to deal with
the OBC – hindus classes.22 The decision was staled as by the Election Commission
on 24 December 2011 as announced during assembly elections such announcement
could not be made in violation of the model code of conduct on 12 January 2012, the
Election Commission has maintained this option.23 Justice Sachar, the chairman of the
”

Sachar Committee on the most recent social, economic and educational condition of
the Muslim community in India, later condemned the decision by the Government,
arguing that “the retrogressive segment of minorities would not be supported by such
assurances. It seems like it's dumb. These people just make large arguments to win
races”. He proposed that the legislature focus on basic questions of better government
rather than on agreeing to make reservations.24

The sub–quota was quashed on 28 May 2012 by the Andhra Pradesh High Court. The
Court stated that the default was reduced solely by religious lines, not by another
understandable premise. The court examined the decision: in fact, we should express
our anguish about the relatively easy way in which the focus government took on the
whole issue.25

1.1.14 Financial status

The government of the Union delayed Bill 2019, which provided 10% more money in
the monetarily more vulnerable fields among the most latest open school
understudies, with the Constitution (Ones Hundred and Twenty-Fourth Amendment).
The significance of economic sections that are more flimsy is defined by the State
occasionally.26 The sacred shift has shown that it is limited to persons with a
household unit payment of less than 8 lakh per year or persons who request property
fewer than five parts of property. Today’s business noted that the requirements only
extended to approximately 100% of the inhabitants.27 Several petitions have been

17
filed under the watchful eye of the Supreme Court of India testing the lawfulness of
this amendment.28

1.1.15 Constitution Provisions

The provisions are made in the Constitution’s Articles 16(4), 15(4), 335, 338, 340,
341 & 342 related to safeguards, protection and reservation, in public employment
w.r.t. individuals that belong to the STs/ SCs as well as OBCs.

It had been suggested by “Ministry of Education” in 1954 that in educational

institutions, 20% seats must be reserved for STs and SCs along with a provision that
provides 5% relaxation in min. qualifying marks for admission wherever needed. The
ST and SC candidates has 7.5% and 15% reserved seats in government-aided and
public sector educational institutes, respectively as specified in 1982. In 1978, a
substantial change has been made when “Mandal Commission” was created for
assessing the educationally and socially backward classes’ situation. As the precise
figures related to OBCs population were not available to commission, thus them
utilized1931 census data, therefore population of such group is estimated to be 52%.

1.1.16 Indira Sawhney & Ors vs. Union of India29 and Observations of Supreme
Court

I. In connection to this case subsequent observations were made by the court:

It has been specifically observed by the court that after the “Office of
Memorandum (O.M.)” issue by GOI related to MANDAL COMMISSION
report’s recommendations implementation, there has started a great violence all
over the INDIA that resulted in affecting properties as well as public greatly.
Therefore, by social scenario consideration, people were appealed to maintain
social orders as well as keep peace.
II. Also, it has been noticed as well as admitted by the court that such issues that are
caused due to the caste system as well as that are being faced till now are our own
fault’s consequences because these are created by us in earlier times and we keep
following them. For our society, it is considered as a threat. Also, it cannot be
overlooked as it will result in defeat of Constitution’s basic object. Our

18
 responsibility is to understand the Art. 16(4) provision in a way so as constitution’s
framers true object can be discovered easily.
III. It has been also indicated by the court that Constitution’s Part-III (primarily
dealing FUNDAMENTAL DUTIES) as well as Constitution’s Part-III (primarily
dealing with FUNDAMENTAL RIGHTS) are Constitution’s core sections which
were enacted for historic inequalities and injustice removal which were either
artificially created or inherited in INDIAN society.
IV. Furthermore, idiotic practises being followed by the society has been discovered
by court that when in a Hindu family a child is born. Child is stigmatized, tagged
as well as kept in a slot as per parent’s caste regardless of fact that child’s birth in
that specific moment is by chance not by choice.
V. The God’s kingdom does not know any inequality concept as everyone is equal for
God, but there exists people who had created such artificial inequalities on basis
castes with vested interest and selfish motive30. With respect to this, the SWAMI
VIVEKANANDA’s view has been pointed out by the court where in one of his
letter he mentioned
“Caste or no caste, creed or no creed, or class, or caste, or nation, or institution
which bars the power of free thought and action of an individual - even so long as
that power does not injure others - is devilish and must-go-down”.

Nine judges Bench of Supreme Court by 6–3 majority held as under:

• Majority held that there is no need to express any opinion on the exercise’s
adequacy or correctness performed by the MANDAL COMMISSION.
• Permanent Legal body for examining under–inclusion / over–inclusion
complaints.
• No reservation in promotion.
• Reservation can be made by the “EXECUTIVE ORDER”.
• Reservation shall not exceed 50%.
• Exclusively & only concerning the economic criteria citizens cannot be
identified as a backward class.
• A backward class is classified into backward & more backward class according
to Article 16(4).

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 • There must be exclusion of creamy layer from the backward class.
• There exist no educational as well as social similarities in Article 15(4) and
Article 16(4) backward classes.
• Article 16(4) is not exception to Article 16(1). Instead it is instance of
“

classification. Reservation can be made under article 16(1).

• In Article 16(4) the citizen’s backward class is recognized on their caste system
”

and not just by their economic status.

• New criteria related disputes are raised in SC only31. It has been suggested by
the commission's report in 1980 that in Union Government operated public and
services sector bodies, OBCs will have 27% reserved quota. Thus, it reflected
the similar modifications to admissions in higher education, state’s institutions,
then states have more generous standards now. The recommendations on
employment of the Union Government were not enforced until the 1990s.

Judiciary has played great role in the reservation policy. The great example of this N
“

Nagrajan’s case, Ashok Kumar Thakor, and Indira Shawnay’s case. In this cases,
supreme court has given passing reference to the reservation on the SC & ST in jobs.
But Supreme Court has said that reservation should not exceed 50% in any condition
but in most of North Eastern states this reservation is increased to 85% and still they
have started a move to increase it to the 95% and court is not taking any steps against
it. By this way we can see that judiciary is also playing a role to increase of
reservation for SC & ST. 32”

Scope of study

Our topic is very useful to the society. Now days, demands for reservations are
increasing day by day. In Haryana, an agitation occurred on reservation. Patels are
also demanding reservation in Gujrat. There are some states which have provided
reservation on the basis of economically backward. Gujrat high court upheld the
reservation which was based on economically backward. Haryana government
provided reservation for Jat (BC-C), which has opposed the Hon’ble Punjab and
Haryana HC. So, we have to check the reservation policy in India along with its
implementation.

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The area of study is very wide for this type of study, examination of various decided
Supreme Court cases and parliamentary debates on reservation is needed. It is a hotly
debated topic as demand of reservation is going to increase in other communities also
with passage of time the following amendments were made in constitution.

1. A new clause article 16(4-A)33 was inserted under article 16 0f constitution that
enables the State for making a reservation provision in promotion matters to any
posts’ classes or class in the State’s service in SC & ST’s favour.
2. under Article 16 of constitution34, insertion of new clause (4-B) was done which
fixed that for BC, ST & SC reservation can be exceeded more than 50% when
backlog vacancies that were not fulfilled in earlier years because of eligible
candidates’ non-availability.
3. The words under article 16(4A)35 i.e., in the promotion matter for any class that
was replaced by the terms in promotion matter with significant seniority, to any
class.
4. Article 15(6) was added by recent amendment which provides reservation to
economically weak segments for admission in an educational institution that
includes private educational institutions, whether unaided or aided by the State,
“

excluding the minority educational institutions mentioned in Article 30 clause (1)36

”

of the constitution.
5. Article 16(6) was also included by the recent amendment which provides
reservation to economically weak segment people in government positions.37

1.1.17 Research Problems

1. What is the historical perspective of reservation policy?

2. What are the Constitutional provisions regarding reservation policy in India and
the world?

3. What is the impact of reservation policy in India after independence?

4. What is the economic criterion for effective reservation policy?

5. What kind of reservation policy is needed in private sector in India?

6. What change is required in the reservation policy according to present scenario?

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7. What kinds of problem are in the implementation of the reservation policy?

1.1.18 Hypothesis

Reservation policy is misused and the actual needy people don’t get the benefit of
Reservation. Reservation should be based on economic criterion and a creamy layer
clause should be added in every caste-based reservation like in Backward Class to
avoid the misuse of reservation policy. In a present scenario, the reservation is a
necessity and people tend to come under reservation for jobs, better facilities etc.

1.1.19 Research methodology

The methodology of research is DOCTRINAL which includes primary as well as

secondary sources of data collection. It takes into consideration all relevant laws,
relevant rules, relevant decisions rendered by higher judiciary. Primary sources
include parliamentary debates, international conventions etc. secondary sources
includes journals, books of eminent authors, national and international research
papers, magazines, articles and editorials in various newspapers, websites, etc. I will
also adopt analytical, evaluative and descriptive method to complete my research and
to give suggestions.

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