How to Cite:

Chaudhary, U., Singh, M., & Aggarwal, S. (2022). Equality vis-à-vis reservation system in
India. International Journal of Health Sciences, 6(S5), 2810–2818.
https://doi.org/10.53730/ijhs.v6nS5.9250

Equality vis-à-vis reservation system in India

Utkarsh Chaudhary
Final Year, B.A. L.L.B (Hons) Student at Law College Dehradun faculty of
Uttaranchal University
Email: choudharyutkarsh001@gmail.com

Prof. Mayank Singh

Asst. Professor at Law College Dehradun faculty of Uttaranchal University
Email: mayaksingh@uttaranchaluniversity.ac.in

Sumit Aggarwal
Final year, B.A L.L.B (Hons.) Student at Law College Dehradun, faculty of
Uttaranchal University
Email: sumitaggarwal47@gmail.com

Abstract---Reservation is defined as preserving a clear-cutfraction of

seats for reserved classes in government jobs, educational
departments, promotions, and in legislature also. Reservations can be
considered as political utensil that provides a public good which
prevents social economic wrongs. It basically ensures a level playing
field. In India, the concept of reservation system is derived due to
long-established caste system and customs used by privileged classes
against underprivileged by different levels. Due to persistent efforts
made by Dr. B. R. Ambedkar it is transformed into new opposite
importance. The India’s First Prime Minister ‘Mr. Jawahar Lal Nehru’
was against reservation, but this continues to exist. It creates a
conflicting matter among the Indian society. The Intention of
government of India is to uplift the historically underprivileged and
depressed sections of Indian society. Various commissions were
appointed by Indian Government to ensure and revise these
reservations policies to fulfil the intention of our Constitution drafters.
The Researcher explained towards the historical background of
reservation, constitutional provisions related to reservation, Present
Scenario, Arguments by supporters and non-supporters and judicial
pronouncements related to reservation in India.

Keywords---Reservation, Caste, Constitution of India, Article,

““Schedule Caste””, Schedule tribe, Other Backward Classes.

International Journal of Health Sciences ISSN 2550-6978 E-ISSN 2550-696X © 2022.

Manuscript submitted: 18 Feb 2022, Manuscript revised: 27 April 2022, Accepted for publication: 9 June 2022
2810
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I. Introduction

The greatest of all revolutions, the French Revolution, was founded on three
pillars: liberty, fraternity, and equality. In India, the freedom struggle led by
Mohan Das Karamchand Gandhi foresaw equality as a major theme for the
country's struggle for independence. However, even after 74 years of
independence, equality remains a critical issue. Reservation has existed in Indian
society for over 2000 years and has been elevated to a new level of importance as
a result of the persistent efforts of Dr. B.R. Ambedkar, Mohan Das Karam Chand
Gandhi, and numerous other prominent leaders. The 1950 Indian Constitution
contains'specialestablishments' for securing certain amount of seats in the Union
and State civil services, public sector undertakings (PSUs), and union and state
government departments.

The same section establishes 'backward classes,' but without ensuring an approp
riate definition or making any specific provisions."Educational and economic wea
ker portions of the population (“SCs” and ”STs”) and other weaker sections should
be conserved and protected against unfairness as well as all forms of exploitation
," says Article 46 of the Indian constitution. In other words, reservation refers to
the process of allocating a certain percentage of seats in society for specific
groups or classes in terms of employment, promotion, education, and
scholarships. Reservation can be viewed as a form of reasonable discrimination.
Reservations can be viewed as a political tool that provides a public good by
averting social and economic injustices. The reservation system's origins can be
traced back to the long-established caste system. The primary goal of establishing
the reservation system is to ensure a level playing field for the privileged upper
and lower classes.

The foremostpurpose of the reservation scheme is to improve the social and

educational status of “Scheduled Castes” “(SCs)”, “Scheduled Tribes” (STs), and
Other Backward Classes (OBCs) through constructive as well as compensatory
reservation.Historically, these groups have endured prejudice based on their caste
identification. Reservation is a quota-based kind of affirmative action.
Constitutional requirements, statutory provisions, and local norms and
regulations control reservation policy. Reservation Schemes primarily benefit
“Scheduled Tribes” (“STs”): tribes that are fundamentally unaffiliated with
Hinduism, “Scheduled Castes” (“SCs”): those castes that are lower in the Hindu
culture's caste hierarchy, Other Backward Classes (“OBCs”): backward classes of
Muslims in some states classified as BC(M), Women and Children, and Senior
Citizens.

II. Historical Background

In India, reservation began in the early second century B.C., when the upper
class of the Indian society gained additional privileges. The Hunter commission
was established in 1882.The desire for unrestricted and requisite teaching for
smriti, as well as equivalent representation in régime jobs, was envisioned by
Mahatma Jyoti Rao Phule. In 1902, the Maharaja of Kolhapur, 'ChatrapatiSahu Ji
Maharaj,' implemented India's first reservation policy. He established reservations
for non-Brahmins and the backward classes. Additionally, he provided free
2812

education to all and established several hostels. He also ensured that everyone
received respectable jobs regardless of their social caste.

In 1908, the British introduced reservations in favour of specific communities and

classes with a limited role in British administration. However, the reservation
system as we know it today began in August 1933, when Ramsay Macdonald,
Britain's then Prime Minister, introduced the 'communal award'. Numerous
changes were made to the reservation system as a result of this award, including
the establishment of separate electorates for “Muslims”, “Sikhs”, “Indian
Christians”, “Anglo-Indians”, “Europeans”, and the “Scheduled Caste”.

A few seats have been assigned to the depressed classes for them to file for
elections from special constituencies in which depressed class voters canvote.
This prize was divisive, and Mahatma Gandhi protested by fasting, while Dr. B.R.
Ambedkar supported it.After protracted negotiations, Mahatma Gandhi and Dr. B.
R. Ambedkar (who were initially opposed) signed a pact in 1935 agreeing that the
country would be divided into a solo Hindu electorate, with seats reserved for
“Scheduled Castes”. This is referred to as the 'Poona Pact'. This resolution
formally declares the abolition of 'Untouchability.' The electorates of “Muslims”
and “Sikhs” remained distinct.

Following Indian independence, significant changes were made to benefit “SCs”,

“STs”, and “OBCs”. The Mandal Commission was established in 1979 to establish
norms for classifying India's "socially and educationally disadvantaged classes." In
1980, the Mandal Commission submitted a report recommending variations to
the prevailing quotas, increasing them from 22% to 49.5 percent, and estimating
that approximately 52 percent of India's population were “OBCs”, and thus 27
percent of régime jobs should be reserved for them. In 1992, the Supreme Court
of India established a cap on reservations, stating that they could not exceed
50%. Anything above will be deemed a violation of the Indian Constitution's
guarantee of equal access.

III. Constitutional Provisions Backing the Reservation System:

The Indian Constitution was drafted with great care, bearing in mind the
importance of incorporating these provisions necessary to ensure people's
equality. The provisions relating to 'reservation' have been drafted in such a way
that they confer discretionary authority on the states. The states have the
discretionary authority to determine which reservations must be granted and in
what proportion. After understanding these provisions, we can say that framers of
Indian constitution deliberately planned to empower the state to work towards
raising the position of needy and oppressed sections of society and to make India
an egalitarian society. The Preamble of Indian Constitution also advocates for
“social, economic, and political fairness”. It is only looks possible by enabling
provisions under Article 14,15 and 16.

Equality of Opportunity –Is the fundamental right provided by, Indian

constitution is Article 14. Article 14 states, that “The State shall not deny to any
person equality before the law or the equal protection of the laws within the
territory of India prohibition of discrimination on grounds on grounds of religion,
 2813

race, caste, sex and birth”. Basically, two concepts are look-alike in the Article 14
namely “equality before the law” and “equal protection of law”. These two phrases
seems to be synonymous, but actually refer to two distinct groups.

"Equality before the law" is a negative concept and of an English origin, while
"Equal protection of laws" is a positive concept with an American origin. In simple
terms, "equality before the law" means that no one, high or low, poor or rich,
official or unofficial, is above the law and that all people, regardless of their status
or position, are to be treated equally and brought before the same court. This
means that there are no privileges accorded to anyone on the basis of their birth,
creed, sexual orientation, caste, religion, or race.The concept of equality before
the law ensures total equality for all individuals who are equivalent, not identical.
Equal protection of the law implies that every person living on the Indian
subcontinent will enjoy equal protection of the law. It entails the right to equal
treatment under comparable circumstances. "Equal protection of the laws"
requires the state to act favourably in the face of equity. It is essentially a
guarantee of equal treatment for individuals under the same circumstances and
allows for differentiation under different circumstances. Thus, Article 14
establishes the basis for differential treatment based on a variety of factors.

Article 15(3) and Article 15(4)- According to Article 15(3) of the Indian
Constitution, “Nothing in this article shall prevent state from making any special
provision for women and children”.This article states that the state has the
authority to establish particular arrangements for women and children in order to
protect their interests. This article allows the state to take supportive actions for
the above-said class of people through reservation. The Indian constitution states
in Article 15(4) that "Equal access to education shall be provided to all citizens". It
empowers the government to make special arrangements for socially and
educationally disadvantaged people, as well as “Scheduled Castes” and
“Scheduled tribes”. This article primarily discusses those oppressed classes that
have faced discrimination and prejudice at the hands of the ruling class. This
article's purpose is to elevate them.

Article 16(4)(a) provides that “nothing under this article shall preclude state from
making any edicts for reservations in the matter of elevation to any class or classes
of posts in the service under the state in the favour of “SCs” and “STs” which in the
opinion of state are not properly represented under the state” .

Article 16(4)(b) provides that “Nothing in this article shall preclude the state from
considering any unfilled vacancies of a year which are reserved for being filled up
in that year in accordance with any edicts made for reservation made under clause
(4) or clause (4A) as a discrete class of vacancies to be filled up in any succeeding
year or years and such class of vacancies shall not be considered together with the
vacancies of that year in which they are being filled up for determining the ceiling of
fifty five percent reservation on total number of vacancies of that year”.

Exclusive reservation has been provided for the economically weaker section
(EWS) of society under Article 16(6) of the Indian Constitution. This means that
people from EWSs will receive a 10% reservation in government jobs and services,
2814

as well as admission to educational institutions (Constitutional 103rd

Amendment Act, 2013).

Certain seats in each Panchayat are to be allocated for “Scheduled Castes” and
“Scheduled Tribes”, according to Article 243D of the Indian Constitution.
“Scheduled Castes” (“SCs”) and “Scheduled Tribes” (“STs”) have seats reserved in
the Parliament and State Assemblies under Articles 330and 332of the Indian
Constitution. Articles 330 and 332 provide for census-based seat reservations in
the Union and State Territories. The claims of “Scheduled Castes” (“SCs”) and
“Scheduled Tribes” (“STs”) must be balanced against the administration's efficacy,
according to Article 335.

IV. The Present Scenario

After the introduction of the provision which states about the ‘reservation’, it
became associated with vote bank politics. The time period for reservation was
routinely extended without any free and fair revisions by the Parliament of India.
Later, for other sections reservation was also introduced. The Supreme Court of
India established a cap on reservation, stating that it cannot exceed 50%.
(Anything above it will be judged as violating equal access as guaranteed by
Indian Constitution). India's central government reserves approximately 27% of
higher education, and each state may enact additional reservations. Reservation
is provided to “Scheduled Castes” (“SCs”), “Scheduled Tribes” (“STs”), and Other
Backward Classes (“OBCs”) at a paces of 15%, 7.5 percent, and 27%, individually,
for recruitment on an all-India basis. In the majority of states, reservation is
approximately 50%, but in some states, such as Rajasthan, reservation is
approximately 68 percent, including 14% for forward castes in education
andservice, and Andhra Pradesh has approximately 80 percent reservation for
“Scheduled Tribes” (“STs”).

V. Arguments by Supporters of Reservation:

 Reservation is necessary to increase the representation of depressed and
marginalised castes and thus to increase diversity.
 In India, caste-based reservation is essentially required as a result of
historical injustice perpetrated by the privileged classes against the less
fortunate classes.
 Reservations contribute to the establishment of a level playing field.
 The process of “forward becoming richer and backward becoming poorer”
have been only slowed down due to reservation.
 Reservation policies have the potential to significantly increase female
political representation;
 Recent research indicates that reserving seats for women in panchayats
has a beneficial effect.
 According to a study conducted in Indian railways, where the proportion of
SC/ST employees is higher and the results are better, reservation has
increased the efficiency of administrative policies.
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VII. Arguments by Non-Supporters of Reservation

 The reservation scheme is concealed from the needy peoples of the reserved
class, while the creamy layer and well-off peoples of the reserved class
benefit from it, while politicians manoeuvre behind these policies.
 Reservation policies are the primary adversary of meritocracy, the bedrock
of many developing nations.
 Reserving seats or quotas is essentially a form of discrimination that
violates the right to equality.
 Around 70% of the Indian population lives in rural areas; their primary
need is for health care, education, and improved infrastructure, not for
reservation in urban areas institutions.
 As a result of reservation, undergraduates and graduates from unreserved
classes will begin seeking higher education at foreign institutions.
 If the ceiling on reservation is increased above 50%, the overall efficacy of
government positions and educational quality may be jeopardised.
 As a result of reservation, a country's economic growth rate may be
impacted due to a reduction in labour force effectiveness.

VIII. Judicial Scrutiny of Reservation

Smt. Champakam Dorairajan vs. State of Madras (1951): This was the
Supreme Court's first significant ruling on the subject of reservation. The court
held in this case that that caste-based reservations violate ‘Article 15’ clause (1)
guaranteed by the Indian Constitution. Due to the absence of such provisions in
Article 15, ‘Article 15(1)’ forbids the state from discriminating solely on the basis
of religion, race, sex, caste, or place of birth, or any combination of these factors.
As a result, the constitution's 1stAmendment was ratified. Article 15(4) was
inserted by the Parliament of India and inserted provisions relating to reservation.
M R Balaji vs. State of Mysore (1963): In its ruling, The Hon'ble Apex Court of
India limited reservation to approximately 50%. In this case, the government's 68
percent college admissions reservation was deemed excessive and unreasonable
and was reduced to 50%.
T. Devadasan vs. Union of India (1964): This case is also well known as the
'Carry Forward Rule Case,' this case thought about the extent of Article 16 of the
Constitution (4). The state's 'appropriate rules,' which allowed candidates from
“Scheduled Caste”s and “Scheduled Tribe”s to get over half of opportunities to be
filled in a given year, were considered unlawful for this situation by the Hon'ble
Supreme Court of India.
Union of India vs. Indra Sawhney (1992):The Supreme Court of India
considered the expansion and application of Article 16. (4). The Supreme court
upheld the quota's constitutionality.27 percent for economically backward
classes. However, a government notice reserving 10% of government employment
for economically challenged members of upper castes was set aside.Additionally,
the court determined that reservations should not be used in promotions.
Additionally, the Supreme Court endorsed the notion that reservation quotas
should not exceed 50%. As a result of this decision, the term 'creamy layer' was
coined. According to the court, the creamy layer ofOther Backward Classes
(“OBCs”) ought to be eliminated from the record of people eligible for reservation.
2816

P.A. Inamdar &Ors. vs. State of Maharashtra (2005): The Hon’ble Supreme
Court of India held in its judgement that the state can't force its booking plans on
minority and non-minority private establishments, including proficient
foundations, without their help.
Union of India vs. M. Nagaraj (2006): The Supreme Court of India maintained
the sacred lawfulness of Article 16(4A) and Article 16(4B), holding that any
reservation policy must satisfy three constitutional requirements in order to be
valid:
1. The “Scheduled Castes” and Tribes (SC and ST)’s communities should be
socially and economically backward.
2. There must be an insufficient number of “SCs” and “STs” employed in the
public sector.
3. Such a reservation policy should have no adverse effect on the
administration's overall effectiveness.

I.R. Coelho v. State of Tamil Nadu (2007):This case is also popularly known as
‘9th schedule case’. The Hon’ble Supreme Court of India held that all those
enactments or laws falling under the 9th schedule cannot enjoy blanket immunity
from judicial review as it is a part of the constitution.
LachhmiNarain Gupta vs. Jarnail Singh (2008): This is commonly referred to
as the 'Reservation in advancement case'. According to the Hon'ble Supreme
Court of India, reservation in advancements doesn't need the state to gather
quantifiable information exhibiting the “Scheduled Castes” and “Scheduled
Tribes”' backwardness. Also, the Court held that the creamy layer avoidance
applies to “Scheduled Castes” and “Scheduled Tribes”. Thus, the state can't give
reservations to “SCs”/”STs” in advancements in light of their participation in the
creamy layer of their local area.

IX. Conclusion

Reservation is essentially a temporary policy measure intended by the framers of

our constitution and should not be interpreted in the wrong way. It was instituted
to promote the overall development of all segments of society. Various individuals
from lower standings have ascended the social and financial stepping stool and
are currently on an equivalent balance with the remainder of the populace.
Numerous upper caste people remain impoverished and illiterate.

In the twenty-first century, one could contend that an individual's caste gives a
sensible premise to reservation in government occupations and educational
institutions. However, we cannot conclude that Caste-based Reservations are
irrelevant because, at the time they were adopted, numerous discriminatory laws
and practises were being carried out at various levels by our religious leaders.
Even after 74 years of independence, the working class continues to be exploited
and discriminated against, as Rohith Vermula's case demonstrates.

Reservations have evolved into a vehicle for politicians to conduct vote bank
politics. The best illustration is Following independence, a ten-year reservation
policy was adopted for the purpose of upliftment of ST and ST Communities.
However, these policies are still in effect, and no action has been taken to revise,
amend, or change them, despite the large population of SC and ST in India.
 2817

India's “SCs” and “STs” now account for around 25% of the population. If anyone
changes the reservation policy in a way that discriminates against SC/ST, they
will face severe consequences.

Progressively increasing the number of reservations is not a long-term solution.

However, people from all strata of society have developed socially, economically,
and culturally in the modern era. As a result, the reservation requirement is
limited. Reservation benefits should be reserved for those who truly need them,
and individuals should be tracked on a regular basis. The needy individuals who
fall into reserved categories are rarely aware of reservation policies. The creamy
layer individuals in these categories are reaping the benefits of these policies to
the fullest extent possible. Our country requires a comprehensive reservation
system that benefits the poor and underprivileged while excluding the wealthy
and privileged segments of all castes. However, when the system harms society
and benefits some at the expense of others for narrow political ends, as it
currently exists, it should be amended immediately.

It is very clear that existing reservation system has many errors in it. No doubt we
have many remedial measures for example-‘Creamy layer’. We require many more
remedies. Some ways through which the present reservation system can be
improved are laid down below:
First of all, we have to identify the sections of society who really require
development and financial aids. Then to uplift them free education, financial
incentives and quota should be provided.
The advantage of reservation must be given to just initial two offspring of the
family.
Foundation of an internet-based data set to monitor each Indian who gets
reservation honors in education, service, or in advancement.

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2818

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