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Understanding India's Reservation System

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25 views10 pages

Understanding India's Reservation System

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adikar7800
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Reservation

What is the reservation?


Reservation is the process of facilitating people in education,
scholarship, jobs etc. that were faced with historical injustice.
Reservation is the form of quota-based affirmative action.
Reservation system in India constitutes a number of initiatives like
reserving access to seats in the legislatures, to government jobs and
to enrolment in higher educational institutions.
Reservation is governed by constitutional laws, statutory laws, and
local rules and regulations.
Why reservation?
The reservation is undertaken to resolve the historic oppression,
inequality, and discrimination suffered by those communities and to
give them a place.
It is meant to achieve the promise of equality enshrined in the
constitution.
HISTORY OF RESERVATION SYSTEM IN INDIA:
▪ In 1882, a caste-based reservation system was originally thought
of by William Hunter and Jyotirao Phule.
▪ In 1901, A form of reservation for backward sections was
implemented by Chhatrapati Shahuji.
▪ In 1932, Poona Pact, an agreement was reached between
Mahatma Gandhi and B. R. Ambedkar on the reservation of
electoral seats for the depressed classes in the legislature of
British India.
▪ India was one the first country to introduce the idea of welfare
state in the constitution itself through the Fundamental Rights and
the Directive principles of state policy.
▪ In 1950, initially, reservations were provided just for SCs and
STs.
▪ In 1991, OBCs were included within the ambit of reservation on
the recommendations of the Mandal Commission.
CONSTITUTIONAL PROVISIONS:
Under Article 15:
Article 15(3), 15(4) and 15(5) forms the foundation of reservation in
the country.
Article 15(3) empowers the state to make special provisions for
women and children.
Article 15(4) empowers the state to make special provisions for
advancement of Socially and Educationally Backwards (SEBCs) or
SC/STs.
Article 15(5) empowers the state to make reservation in admission
into education institutions including private schools or colleges
whether or not aided by the government, except for minority
educational institutions.
Under Article 16
Article 16(4): empowers the State to make a special provision for
those backward classes who in the opinion of the State are not
adequately represented in the service under the State.
Article 16(4-A) empowers the state to make reservation in
Promotions also for SCs, STs and
Article 335:
The claims of the members of the Scheduled Castes and Scheduled
Tribes shall be taken into consideration in making the appointments
to services and posts in connection with the affairs of the Union or
of a State.
ARTICLE 330 and 332:
Provides for specific representation through reservation of seats for
SCs and STs in the Parliament and in the State Legislative
Assemblies respectively
Article 243D:
Provides reservation of seats for SCs and STs and not less than
1/3rd for women in every Panchayat.
Article 243T:
Provides reservation of seats for SCs and STs in every Municipality.
What are the different types of reservations in India?
Vertical reservation:
This reservation is based on the proportion of the population of
these groups in the country or a specific state.
Category Reservation Percentage
Scheduled Castes (SC) 15%
Scheduled Tribes (ST) 7.5%
Other Backward Classes
27%
(OBC)
Economically Weaker
10%
Sections (EWS)
Persons with Benchmark
4%
Disabilities

Horizontal reservation: It refers to the reservation of seats for


specific categories of people within the reserved categories. Ex:
Women , Disable ,Transgender .
Why reservation demand has been growing rapidly?
Agriculture crisis: The Jats in Haryana, Patels in Gujarat and
Kapus in Andhra Pradesh believe that reservations provide a
solution to the rural distress faced by them especially the crisis in
agriculture.
Unemployment: one of the major factors influencing the demand
for reservation.
Privilege: The agitation for reservation also arises from the fear of
losing privilege and the inability to cope with change.
Salaries and Wages: Wages in the private sector are much lower
than in the public sector. Salaries of government jobs are most
attractive at the entry-level.
Demands of Upper castes: Previously advantaged castes like
Brahmins and Rajputs have begun to feel severely disadvantaged as
they don’t get any quotas even if they are economically
disadvantaged.
Thus they want to integrate the economically disadvantaged groups
among them in the reserved category.
What are the arguments in favour of reservation?
Historical injustice: Caste based reservation is a necessity in India
because of historical negligence and injustice caused to those
backward communities.
Equal representation: Increase in the number of people from
backward sections in various decision-making procedures, resulting
in equal representation from different sections of the society.
Equal opportunities to the deserving candidates: It has helped
some people from backward sections achieve higher posts or
services in the public sector and some private institutions as well.
Level Playing field: Reservation provides a level playing field as it
is difficult for the backward sections who were historically deprived
of education, skills, and economic mobility to suddenly start
competing with those who had access to those means for centuries.
Meritocracy Vs Equality: Meritocracy is important, however, it
will have no meaning without equality. The caste-based reservation
also minimized the gap between upper and lower castes to a great
extent.
Administration quality: A study revealed that reservations have
not affected the efficiency of administration, but enhanced quality.
Disadvantages of Reservation System in India
Along with the good advantages of the Reservation System in India,
it has few disadvantages:
Encouraging casteism: It’s propagating the notion of caste-based
society instead of eliminating it.
Chances of creating more castes in the society:
Opposing meritocracy: Degradation of the quality of students and
employees enrolled in different institutions if the underserving
candidates get the opportunities.
Short-term relief: A reservation only provides a limited and short-
term solution to the historical injustice issues.
A barrier between ethnicities: It is a form of ethnic discrimination.
It works as a barrier for removing casteism and racism and
promoting harmony between castes and religions.
Social unrest: Reservation agitations may cause social unrest, such
as during the Mandal Commission (1990).
Appropriate Solutions :
Reservation on Economic Ground
Bring revolutionary changes in our education system at the grass-
roots level to improve education quality.
Creation of More jobs

ECONOMICALLY WEAKER SECTIONS (EWS):


SIGNIFICANCE OF EWS RESERVATION:
Coverage: It promote the welfare of the poor not covered by the
50% reservation policy for SCs,STs and OBCs.
Inclusive growth:
Address the issues of income inequality in India as the economically
weaker sections of citizens can get into higher educational
institutions and Govt jobs.
Removes the stigma around reservation:
Reservation has historically been associated with caste. By
including upper castes under the sign of reservation, it dissociates
caste and the stigma of reservation.
Ease social tensions:
Help ease the agitations demanding reservations by dominant castes
in states like Gujarat, Maharashtra and Rajasthan.
Recognition of the Economic Backwards:
There are many people or classes other than backward classes who
are living under hunger and poverty-stricken conditions.
EWS Reservation: Cons
Reservation for Social Upliftment, Not Financial
Empowerment: Reservation should not be utilized as a poverty
alleviation strategy, but rather as compensatory discrimination for
historically deprived classes. Providing Scholarships and other
means can address poverty issues.
Basic structure : It violates the basic structure of the Constitution
and breaches the 50% ceiling for reservation fixed by the Supreme
Court ruling in the Mandal Commission case.
Violation of Equality Principle: Excluding OBCs, SC/ST
communities from EWS violates the principle of equality.
Challenges with Income Criteria: The income criterion of ₹8 lakh
a year surpasses the national-level annual per capita income,
potentially encompassing a significant portion of the population.
Inadequate Data: Additionally, the lack of accurate direct income
data and the possibility of fraudulent income declarations create
obstacles in effective implementation.
Perceived as a Tool of Populism: Economically Weaker Section
quota is viewed as a politically motivated move, potentially
exacerbating social tensions.
WHAT IS SUB-CATEGORISATION OF OBC?
The subcategorization of Other Backward Classes (OBC) involves
segregating the broad OBC category into more specific sub-groups.

Common questions

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Studies suggest that the reservation policy in India has not adversely affected the quality of administration but might have enhanced it by bringing diverse perspectives into decision-making processes . Supporters argue that reservations enable equal representation, ensuring that a diversity of experiences and viewpoints contribute to policy formulation and administration, thereby enriching governance . Critics, however, claim that focusing on fulfilling quota requirements may lead to the recruitment of candidates who are less meritorious, potentially degrading institutional efficiency . Despite these criticisms, the inclusive approach purportedly mitigates historical inequalities, contributing positively to societal development by integrating underrepresented groups into the administrative fabric .

The reservation system in India attempts to balance meritocracy and equality by providing opportunities to historically oppressed communities, ensuring they have access to education and employment alongside traditionally privileged groups . Proponents argue that it addresses historical injustice, ensures equal representation, and provides a level playing field for those without generational access to resources and opportunities . Conversely, critics claim it fosters casteism, potentially reduces meritocracy by prioritizing quota over capability, and creates short-term solutions without addressing underlying causes of inequality . Some assert reservations can degrade academic and professional quality if positions are filled based on quota rather than merit . Thus, while reservations aim to rectify inequality, they also face criticism for their potential impact on the principle of merit-based systems.

In India, reservations are categorized into vertical and horizontal types. Vertical reservation allocates seats or positions to Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Economically Weaker Sections (EWS), and Persons with Benchmark Disabilities, based on their proportion in the population . For instance, SCs have a 15% reservation, STs 7.5%, OBCs 27%, EWS 10%, and persons with disabilities 4% . Horizontal reservation, on the other hand, cuts across these vertical categories to ensure representation of certain demographics within each group, such as women, the disabled, and transgender people . This method aims to provide nuanced equity correcting not just caste-based inequities but also focusing on gender and physical challenges.

Socio-economic factors such as agricultural distress, unemployment, and perceived or real loss of privilege in rapidly changing socio-economic environments have intensified the demand for reservations . Communities like Jats in Haryana and Patels in Gujarat perceive reservations as a solution to rural and agricultural distress, providing economic stability through government jobs . Additionally, unemployment rates and attractive salaries in government jobs create a strong demand for reservations as a secure economic pathway . As upper-caste groups like Brahmins and Rajputs feel disadvantaged due to exclusion from quotas even when economically distressed, they advocate for reservations for economically weaker individuals within their communities . These dynamics can lead to social tensions, as demands for inclusion in reserved categories are seen as taking away from historically marginalized groups, potentially exacerbating inter-caste friction and challenging the goal of social harmony.

The development of the reservation system in India can be traced back to historical injustices such as caste-based oppression and social discrimination. In 1882, the idea of reservations was initially proposed by figures like William Hunter and Jyotirao Phule. Chhatrapati Shahuji implemented a form of reservation for backward sections in 1901 . The Poona Pact of 1932 was a pivotal moment when Mahatma Gandhi and B. R. Ambedkar agreed on reserved electoral seats for the depressed classes . Post-independence, India, integrating the idea of a welfare state, embraced this necessity in its Constitution, particularly through articles like 15(4) and 16(4) that empower the state to make special provisions for Socially and Educationally Backward Classes and underrepresented groups in public employment . This historical background underscores a legislative commitment to rectify past discriminations and promote equality.

The inclusion of Economically Weaker Sections (EWS) aims to address economic disparities by providing welfare to the poor who are not covered under the traditional categories of SC, ST, and OBC, thereby tackling income inequality in accessing educational institutions and government jobs . This effort is intended to ease social tensions by alleviating demands from dominant castes for inclusion in reservations . However, it faces controversies such as the violation of the constitutional principle of equality by excluding backward classes from EWS benefits and breaching the 50% reservation ceiling set by the Supreme Court . Additionally, the income criterion set for EWS potentially covers a vast demographic, raising questions about its effectiveness and potential misuse, framing it as a tool for political populism rather than genuine social upliftment .

The sub-categorization of Other Backward Classes (OBC) aims to refine the reservation framework by dividing the broad OBC category into specific sub-groups, ensuring that benefits are more precisely and equitably distributed among genuinely needy communities within the OBC group . This approach potentially ensures that influential groups among OBCs do not overshadow less dominant sub-segments, which might not have equally benefited from reservations . While this can promote fairer access to resources and opportunities, challenges include potential intra-group conflict and complexity in identifying and managing sub-groups, which could lead to administrative and social tensions . Moreover, this approach requires comprehensive data collection and analysis to accurately implement such classifications effectively.

The reservation system in India is grounded in several constitutional articles. Article 15(3) supports the state in making special provisions for women and children, while Article 15(4) allows for advancing the Socially and Educationally Backward Classes (SEBCs) or SC/STs . Article 15(5) extends this provision to admissions in educational institutions, including private institutions, excluding minority establishments . Article 16(4) authorizes reservations in public employment services for backward classes deemed inadequately represented . Furthermore, Article 335 emphasizes considering SC/ST claims in public appointments, while Articles 330 and 332 provide for reserved seats for SCs and STs in Parliament and State Assemblies respectively. Article 243D and 243T ensure reservation in Panchayats and Municipalities . These provisions collectively address educational, political, and employment representation for varied community groups.

Failing to effectively implement reservation policies can exacerbate social tensions and economic disparities in India. Socially, ineffective implementation could lead to increased unrest among communities that feel marginalized or unfairly treated by the reservation system, as seen in historical agitations like those during the Mandal Commission . Economically, it may widen the gap between different societal segments, where backward communities may continue to lag in education and employment opportunities, undermining the reservation system's goal of bridging inequality . Additionally, such failures could perpetuate socio-economic obstacles, fostering resentment among both benefitted and non-benefited groups, potentially leading to greater caste polarization and a divided socio-economic structure . Thus, it is crucial for policymakers to ensure fair and transparent implementation to promote social harmony and economic justice.

Economic criteria in reservation policies, exemplified by the EWS quota, represent a shift from traditional caste-based reservations by focusing on financial status rather than social hierarchies to ensure support for economically disadvantaged individuals across all castes . This redefinition aims to alleviate income-based disparities and broadening welfare access, which is crucial in addressing wider economic inequalities beyond just caste factors . However, its effectiveness is debatable, with criticisms pointing to challenges such as breaches of constitutional equality principles (since it excludes certain castes from EWS benefits) and potential political manipulations perceived as populist measures . Furthermore, the quota risks encompassing a broad demographic due to the high-income threshold and lacks precise data verification, leading to possible inefficiencies in real benefit delivery . This signifies a transformative approach but requires careful balance to truly redefine the reservation paradigm.

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