1.6.
CASTE-BASED RESERVATION
Why in the news?
The Maharashtra State legislative assembly passed the Maharashtra State Reservation for Socially and Educationally
Backward Classes Bill, 2024, to provide 10% Reservation to the Maratha Community.
About the Bill
It was drafted based on a Maharashtra State Backward Class Commission (Shukre Commission) report.
It identified the Maratha community as a Socially and Educationally Backward Class (SEBC).
The bill provides for 10% reservation to the Maratha community in recruitment for government jobs, and admissions
to public as well as private educational institutions.
o The Bill specifies that this reservation will be over and above the seats reserved for various communities under
existing Acts in the state.
Reservation would be available only to the persons belonging to the SEBC who are not falling in the Creamy Layer.
Reasons for the rise in demand for reservation Judicial pronouncements related to reservation
Indra Sawhney & Others v. Union of India, 1992: 9-judge
Structural factors: Declining income from agriculture, Bench of the SC,
and inability to find alternative opportunities and o Set a ceiling of 50% on reservations under Article 16(4).
employment in the techno-innovation-driven new job For exceeding reservation beyond 50%,
market. extraordinary circumstances should exist, for
Challenges in the job market: Wages in the private which extreme caution is to be exercised.
sector, particularly at the entry-level, are much lower o Court introduced the (socio-
economically advanced among backward classes) who
than in the public sector.
must be excluded from the benefits of reservations.
o Further, the latter provides more social security
M. Nagaraj v. Union of India Case 2006: SC laid down three
and is comparatively stable, thus the demands for conditions that States had to meet, before providing
reservation in public sector jobs. reservations in promotions. The state had to provide,
Political Factors: Political mobilization based on caste o Quantifiable data on the backwardness of SCs/STs.
too has fuelled demands for reservation. E.g. Patidars o Facts about their inadequate representation in public
in Gujarat, the Kapus in Andhra Pradesh and the Jats employment.
in Haryana. o Justification in favour of maintaining overall
Relative deprivation: When a community feels other administrative efficiency.
communities in their region, economically and socially Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.,2018:
The SC did away with the requirement of collecting
in similar conditions, are getting the benefits of
quantifiable data showing the backwardness of SCs and STs,
reservation, they also claim for the same status.
for grant of quota for promotions in the government jobs.
Intra-community variations: Despite relative Janhit Abhiyan v Union of India, 2022: SC upheld 103rd
dominance, there are significant intra-community Constitution Amendment Act which provided for EWS
variations in terms of income and educational reservation, based on economic criteria.
outcomes among some communities.
o For instance, the economic division among the Maratha farmers of Marathwada and western Maharashtra. This
led to demands for Maratha reservations.
Impact of Caste-based reservation
Social Justice: Correct the historical injustice faced by the persons belonging to specific castes, and to provide them
a level playing field to compete.
Representation: Caste-based reservation is aimed to ensure adequate representation of marginalized communities
in various sectors, including government jobs.
Substantive equality: Equality in the Constitution is not merely formal equality but embodies substantive equality,
which means striking at vast socio-economic inequalities often based on caste.
Issues with caste-based reservation
Social backwardness not necessarily caste based: Backwardness may include other factors too, like, residence,
occupation, economic status or some other dominant feature.
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