The framers of the Indian Constitution were aware of the backward sections and problems suffered by them, so they incorporated various provisions in the constitution. It is intended to promote the opportunities of defined groups like scheduled castes, scheduled tribes, and other backward sections within a society to give them equal access to that of the privileged population. Originally Constitution of India provided reservations only for 10 years until 1960 (article 334). Subsequent amendments to the constitution extended the period of reservation for quota in the country. Protective discrimination means a privilege or some right in favor of these backward sections which, had been discriminated against and burdened for ages. It’s an acknowledged quote that “IRON CUTS IRON”, thence discrimination counters discrimination. It’s evident from history that one variety of discrimination is damaging whereas the opposite one is protecting and curative in nature.
Reservation – mode of protective discrimination • Reservations are a type of affirmative action whereby a proportion of seats are set aside for the previously disadvantaged sections in our society. • Reservation is a tool for empowerment for these downtrodden, socially disadvantaged, oppressed sections in our society. • Reservation for Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) OR any socially and educationally backward classes of citizens OR economically weaker sections (EWS) • Reservation for Adequate representation of any backward class of citizens OR economically weaker sections (EWS) in the services under the State.
Reserved classesThe Constitution recognizes three categories of backward classes, namely, 1. Scheduled castes- Sub-clause (24) of Article 366 defines scheduled castes and scheduled tribes respectively. 2. Scheduled tribes, Sub-clause (25) of Article 366 defines scheduled tribes. 3. Another backward classes-There is no clause defining socially and educationally backward classes of citizens. 4. Not only these 3 but Article 341 empowers the president to notify, territory wise, “castes, races or tribes or parts of or groups within castes, races or tribes which shall for this Constitution be deemed to be scheduled castes and scheduled tribes”. RESERVATION IN INDIA
Reservation extendScheduled Castes (SC) are given a 15% quota in jobs/higher educational institutions while Schedule Tribes (ST) are given a 7.5% quota in jobs/higher educational institutions. The quota for OBCs is 27% after the Mandal commission report in 1991. The Central Government of India recently introduced EWS Reservation. 10% quota is provided for the EWS among General Category candidates in government jobs and educational institutions by 103rd Constitution Amendment Act, 2019.
CONSTITUTIONAL PROVISIONS FOR – RESERVATION – 1. Article 16(4) of the Constitution specifically empowers the State to make any provision for the reservation of appointments or posts in favor of any backward class of citizens which is not adequately represented in the services under the State. 2. ARTICLE -16(4A) Nothing in this article shall prevent the State from making any provision for reservation [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.] 3. 16(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year following any provision for RESERVATION IN INDIA 3 reservation made under clause (4) or clause (4A) as a separate 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 the year in which they are being filled up for determining the ceiling of fifty percent. Reservation on a total number of vacancies of that year. 4. Articles 40, 42, 46, and 45 under the Directive Principles of State Policy strive to provide numerous benefits to the weaker sections. These include reservation in panchayats for ladies and backward classes, prevention of exploitation of children and free pregnancy care and delivery, economic upliftment of SC, ST. 5. Article 334 of the constitution reserves seats for SC, ST’s in parliament, and state legislatures too for 70 years. But the provision is recently amended. ) The reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States; and the period of reservation has been extended by 103 rd amendment, for 10 years. * Article 330 of the Constitution provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People, * Article 332 provides for the reservation of seats for scheduled castes and scheduled tribes in the legislative assembly of the states. 6. India’s National Commission for Backward Classes is a constitutional body established by 102nd amendment 2018 under Article 338B of the Indian Constitution) under India's ministry of social justice and empowerment 1. to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; 2. to inquire into specific complaints about the deprivation of rights and safeguards of the socially and educationally backward classes; 3. To participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State. DOES INDIA NEED A RESERVATION NOW? WHY THERE IS A NEED FOR RESERVATION EVEN AFTER 70 YEARS? The government must provide equality of status and opportunity in Indian Reservation is one of the tools against social oppression and injustice against certain classes, but a question emerges now?
Why till now? What is the need? RESERVATION IN INDIA There is no doubt that unequals should not be treated equally. However, this current system of unequal treatment is not perfect. It is creating more injustice. I have tried to write the drawbacks of the reservation system in India. 1. The policy of reservation was designed as an Adhoc policy for ten years. But it is continuing and getting an extension after the end of every ten years. It is creating some sort of frustration among the high caste people as they are deprived of opportunities either to get a job or to take admission in any educational institution due to the reservation policy. 2. The Reservation Policy has created a “new class of vested interest” in society. They have earned permanently the benefit of the reservation policy. Thus, the policy has created the psychology of dependency among them. 3. The policy of reservation is contrary to the principle of equality. Equality presupposes equal treatment to all and equal protection of all people. 4. The policy of reservation of jobs is violating the efficiency and merit system of recruitment. While the meritorious and talented persons are deprived of their due share of appointment, the authority is forced to make a compromise with quality. 5. The policy of reservation has given rise to the politics of casteism in the Indian political system. 6. In Indra Sawhney vs Union Of India, 1992, the Supreme Court of India capped caste-based reservation to 50%, ruling that “no provision of reservation or preference can be so vigorously pursued as to destroy the very concept of equality”. But with the coming of the bill for Economic Reservation in 2019 (E.W.S.)that the 50% cap on reservations imposed by the Supreme Court was only for caste-based reservations, and the Economically Weaker Section (EWS) reservation won’t be impacted by it. CONCLUSION I think there is no need for the continuation of caste-based reservation in India. Even though with 103rd amendment and 10T’s amendment, the quota has been extended for 10 years but this reservation is created the vested interest of classes affecting meritorious students. I have written the timeline for easy takeaways.
TIMELINE – SYNOPSIS
1950: Indian Constitution commits to reservations for Scheduled Castes and Tribes. A Government Order excluded converts (except four Sikh Dalit castes) but by the 1990s, Sikh and Buddhist castes were included, but Christian and Muslim Dalits remain excluded.ARTICLE332,334. 1951: First amendment in Constitution to legalize caste-based reservation in face of court cases against quota. 1990: Mandal Commission report recommending 27 % reservation to OBCs 1992: Supreme Court orders a 50% cap on the caste-based reservation. Also strikes down Narasimha Rao government’s move to reserve 10% government jobs for the poor among Upper Castes. "Economic condition not a criterion for reservation." RESERVATION IN INDIA 5 2018- 102nd AMENDMENT CENTER to make OBC list, and to identify which classes and communities shall be under the category of OTHER BACKWARD CLASSES. Also, the National Commission for OBC was constituted. 2019: Parliament passes Article 15 amendment bill allowing 10 percent quota for poor and Economically Weaker Sections. In higher education and jobs. 2020: Reservation in the legislature was only till 1960 but it has been extended every 10 years. The latest extension was made in 2010 and is valid up to 26 January 2020. There was never a deadline for reservation in education and jobs. Now it has been extended till 2030 by the 103 rd amendment.
Well written