RESERVATION POLICY IN INDIA by-Aarki Singh
Since the reservation policy was introduced in the Constitution of India, many arguments and many problems have arose in regards of the reservation that is given to the Schedule Caste, Schedule Tribe and to the Other Backward Classes. Earlier when our Constitution Makers were working on this policy they knew about the problems that coming generations will phase but infront of them their main moto was to uplift the backward class in the society so that they can also work confidently and can live in society peacefully. Now a days time, in the name of reservation, backward classes are taking more advantages. In today’s day reservation policy should only be eligible for those who understand its Importance and want to do something, then for these type of Backward people reservation policy is helpful to uplift them in society.
The reservation is an attempt to promote 2 equality among citizen by giving equal and fair opportunity. These reservations are mostly governed in educational and governmental settings so that the minority class is not neglected in society. This reservation policy gives a fine attempt to all the background class in order to ensure that minority class are not pushed backward. The justification behind the reservation is to compensate from past discrimination. Reservation is the promotion of social equality through preferential treatment of socio- economical disadvantaged section of our society.
Reservation at a time of independence was meant to achieve the goal, but as after the independence and because of the division of society, reservation has been taken as an advantage by some caste people. Article 14 is said to be a heart and soul of our Indian Constitution because without equality no country can be considered as Republic and free. Equality itself states as everyone should be treated equally whether he/she is of lower caste or of higher caste and so everyone of the nation should be treated equally.
As we know that backward class does not get equal respect and opportunity to work in society from before the Independence of India and somewhere it still continues so just to demolish this, our Constitution marker payed more attention towards the backward class so that these lower caste do not suffer in future and so for that reservation policy has been introduced .Word equality was adopted from 3French Revolution which shows our aim of the Constitution. Equality means that like should be treated alike and unlike should be treated like or just in simple words equal must be treated equally while unequal must be treated differently. That is why Article 14 permits reasonable classification between like and unlike so that unlike or backward class should be given equal foot to stand in society.
The goal of equality will not be fulfilled until every citizen is on equal foot and so to attain equality the birth of the concept of reservation has been taken place. Reservation is a concept that is been developed and it provide special help to the weaker section of the society so that they can overcome their weakness by giving them concession in educational institute and other governmental field. Equality is having a huge impact on Reservation policy without equality reservation.
Quota system was favoring certain caste before Independence in several areas of British India. The earlier introduced reservation before independence was in favor of non-Brahmin and backward classes which much came into force in 1902. Then the British Raj introduced element of reservation in the Government of India Act of 1909 and there were other measures too that were put in place prior to Independence . Earlier reservation was only given to Schedule Caste and Schedule Tribe but later it was extended to 4Other Backward Class.
Generally, reservations and quotas were given to backward class because to cope up with the discrimination, these groups face by birth. In 1954, the ministry of education suggested 20% of the seat should be reserved for the Scheduled Caste and Scheduled Tribe in governmental educational institutes and with the relaxation qualifying marks for admission to be 5% wherever required by the backward class. Other relaxations were also given in government services to these lower caste so that they can come up and work confidently.
A sudden change began in 1979 when the 5Mandal Commission was established to access the situation of socially and educationally backward classes. The Mandal Commission was not having an exact figure of population of the Other Backward Classes and so the data was used from the Census of 1931. In 1980 the Commission report recommended that a reserved quota for Other Backward Class is 27% and will get a reservation of 27% in applying to the government services and other public sector bodies. Higher relief were given to the Schedule Caste, Schedule Tribe and Other Backward Classes in the admission to the institute of higher education and other public sector body. Reservation helped lower caste to come up but now somewhere many disadvantages are also taking place.
RESERVATION ON BEHALF OF GENDER
Reservation that is basically for women probably to be known as 6 Women Reservation Bill was passed by Rajya Sabha in 2010. In this bill, 32% of the posts are reserved for females in all government departments and in the services such as police, health, education and other civil service and administration. In the scope of reservation bill, women are given vast opportunities to work in any field they want. Reservation bill changed the mindset of the society and helped women to grow up for themselves and to work with better ideas in any field they want. And though 32% seat is reserved for women in every government field , but later on in 2015 onwards Kerala has implemented 55% reservation to the women in all the post of its local governing bodies .
As everywhere in the world it is seen that women are now coming in front, weather it is in household work, in jobs, in academics or in sports activity so by remembering this, bill has been introduced so that more women will come in front and will serve themselves for the nation.
RESERVATION FOR BACKWARD CLASSES IN PUBLIC EMPLOYMENT
Reservation has given a vast opportunity to backward class either that is Other Backward Class, Schedule Caste and Schedule Tribe and so 7Article 16 empowers to make special provisions for the reservation in appointment of post in favor of backward class of citizen.
With the reservation bill many backward class people have got a good opportunity to work in public sectors with almost 27% seats are reserved for Other Backward Class , 15% for Schedule Tribe and 7% for Schedule Caste (this percentage may vary from State to State). But because of the reservation backward class has been uplifted in the society and standing on its own foot independently whether it is in a post of police, or a health department or education and in other varies services of government.
RESERVATION SEATS IN STATES
1. Andra Pradesh: Schedule Caste – 15%
Schedule Tribe – 6%
Other Backward Class – 27% Women Reservation – 33.33%
Schedule Caste – 7% Schedule Tribe – 15%
Other Backward Class – 27%
Schedule Caste – 15% Schedule Tribe – 1%
Other Backward Class – 34%
Girls and Women in Medical and Engineering colleges – 33.3%
Schedule Caste – 15% Schedule Tribe – 7%
Other Backward Class – 27%
And other States also varies other percentage in reservation policy for Backward Class.
INDIAN CONSTITUTION ON RESERVATION POLICY
Article 14 – Right to Equality, Itself shows that like should be treated alike and unlike should be treated like and so to abolish discrimination, Article 14 was introduced in Indian Constitution and to attain equality birth of reservation has taken place because our Constituent Markers paid more attention towards the Backward Class because they wanted that Lower Caste don’t suffer in future, so for the benefit of Lower Caste ,reservation policy was introduced.
Article 17 – It talks about the abolition of untouchability from the society which mostly lower caste is suffering from decades. And if it is practiced in any form then that to be called as offence and hence punishable by the law. 8Articles 330-342 – It is a special provision for the Schedule Caste, Schedule Tribe and Other Backward Class.
LANDMARK JUDGMENTS ON RESERVATION IN INDIA
9State of Madras vs. Champakam Dorairajan – In this case, court held that reservation as per the caste system violates 10Article 15(1) of the Indian Constitution.
11Indra Sawhney & others vs. Union of India – The court upheld seperate reservation for Other Backward Classes in Central government jobs. The judgement implemented with 27% Central government reservation for Other Backward Classes. Later some states denied in the existence of creamy layer then the report by the Supreme Court was not implemented. The case was again put in 1999 and now Supreme Court reaffirmed the creamy layer to the Schedule Castes and Schedule Tribes.
WHY RESERVATION POLICY IS IMPORTANT IN INDIA
The discrimination that is faced by the Backward Classes that is Scheduled Castes, Scheduled Tribes and Other Backward Class to abolish the difference in society, reservation policy has been introduced. Reservation helped backward class to come up on equal foot with general category and gave better good opportunity to lower caste in every government field.
In legal sense, the Constitution Markers knew about the coming generation and payed special attention on the Lower Caste so that they will not suffer in future so for them these reservation policies were introduced . When the Constitution of India was being made, the makers of the Constitution were paying more attention to the backward classes so that they are not ignored later in the society and the untouchibility should be eliminated from the society so that in future their will be no discrimination with any human being. And then Backward Class can consider themselves free and a part of the society and can work successfully without any discrimination.
To remove Untouchability and other bad norms about lower caste and to bring backward class forward , reservation was promoted in the society and the backward class got the opportunities from these reservations to work and so that they could stand themselves on their feet in the society.
Reservation policy was brought up in India to uplift backward class socially and economically. But in modern era, reservation has lost its essence. Today, reservation system has become a tool for politicians to gain vote and backward class use reservation for their own benefits.
In earlier times, when reservation policy was introduced lower caste was so energetic to come up confidently in any government field they want , reservation gave a new charm to lower caste in society but gradually the importance of reservation decline. And so for some reasons creamy layer has been excluded from the list of Schedule Castes, Schedule Tribes and Other Backward Classes after the landmark judgement of Mandal Comission Case.
Reservation policy cannot be declare as good or bad for those getting benefit from will declare reservation as good and while from those who are getting loss will curse reservation policy. The thing that matters the most is how the reservation policy is being adopted in society and what is a reason behind its adoption. If the reason is getting not much response then gradually reservation policy is turning towards the bad side.
In today’s time, backward class is not actually suffering socially and economically, the only stamp of profit they are getting in the name of reservation. The reservation policy is good till the time some deserving candidate is not missing his opportunity of being from Lower Caste because still in India and even today there are some backward classes who want to do something for themselves by working hard and want to show themselves in the society. Reservation policy is important only for such deserving candidate who don’t want to lose opportunity, otherwise in today’s day backward class has also gone ahead and is taking advantage in the name of reservation.
But we should not let reservation make the ladder of success because the time to come and the coming generation will take more wrong advantage of it, whether it is in the matter of education or money, in the coming time backward class will be more stable socially and economically than the general class and will just use the profit of the stamp of the reservation.
vii. Constitution of India by V.N Shukla
viii. Constitution of India by J.N Pandey
1 Student at Galgotias University
2 Equality- Right to equality article 14 from Indian Constitution.
4 Reservation policy was introduced to Other Backward Class in 1987 after the landmark case of Mandal Commission.
6Women Reservation Bill is passed by Rajya Sabha in 2010 but Lok Sabha has not voted on the bill, thus the bill is still pending.
7Article 16 Indian Constitution states right of equal opportunity in the matter of public employment.
8 Article 330-342 – prefer to Indian Constitution.
9State of Madras vs Srimathi Champakam Dorairajan ,1951 AIR 226 , 1951 SCR 525
10Article 15(1) prohibits the state from discrimination of citizen on ground of age, sex, race, religion, place of birth .
11Indra Sawhney Vs Union of India (Mandal Commission Case) AIR 1993 SC 477,1992 Supp 2 SCR 454.
12P.A Inamdar vs State of Maharashtra – The court stated, reservation cannot be enforced on private educational colleges which does not get governmental funding so then 93rd Constitutional Amendment induced Article 15(5).
12P.A Inamdar & Ors vs State of Maharashtra & Ors, 12 August, 2005