Reservation in India
Reservation in India
1. What is Reservation?
Reservation in India refers to the system of affirmative action where a certain percentage of seats in education, employment, and legislatures are reserved for socially and educationally backward classes, Scheduled Castes (SCs), Scheduled Tribes (STs), and other disadvantaged groups.
The objective is to promote social justice, equality, and upliftment of historically marginalized communities.
2. Constitutional Provisions on Reservation
The primary constitutional provisions governing reservation include:
Article 15(4): Allows the State to make special provisions for the advancement of socially and educationally backward classes, including SCs and STs.
Article 16(4): Permits the State to make reservations in public employment for any backward class of citizens which is not adequately represented.
Article 341 and 342: Relate to the identification of Scheduled Castes and Scheduled Tribes.
Article 330 and 332: Provide for reservation of seats in the Lok Sabha and State Legislative Assemblies for SCs and STs.
3. Objectives of Reservation
To rectify historical injustices and discrimination faced by marginalized groups.
To ensure adequate representation in education, employment, and political institutions.
To promote social equality and national integration.
To provide equal opportunities for all sections of society.
4. Types of Reservation
Reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs): These groups face historical social exclusion and untouchability.
Reservation for Other Backward Classes (OBCs): Identified as socially and educationally backward communities.
Reservation for Economically Weaker Sections (EWS): Introduced more recently for general category economically weaker citizens.
Reservation in Education, Employment, and Political Representation: Seats or posts reserved in schools, universities, government jobs, and legislatures.
5. Important Case Laws on Reservation
a) State of Madras v. Champakam Dorairajan (1951)
The Court struck down communal government orders providing caste-based reservations in educational institutions.
Held that reservation must comply with the Constitution.
This case led to the First Amendment inserting Article 15(4).
b) M.R. Balaji v. State of Mysore (1963)
The Supreme Court held that the reservation quota cannot exceed 50%, except in extraordinary situations.
Reservations must be confined to backward classes only, and not extended arbitrarily.
c) Indra Sawhney v. Union of India (1992) (The Mandal Case)
One of the most important judgments on reservation.
Upheld 27% reservation for OBCs in central government jobs.
Laid down the 50% ceiling rule for reservations.
Introduced the concept of the “creamy layer”, excluding affluent OBCs from reservation benefits.
Held that reservation is a temporary measure until backward classes are adequately represented.
Affirmed that reservation cannot violate basic structure of the Constitution.
d) Ashoka Kumar Thakur v. Union of India (2008)
Reaffirmed the validity of OBC reservation under the Mandal Commission recommendations.
Upheld the exclusion of the creamy layer.
Clarified that reservation in private unaided educational institutions is subject to state law.
e) Jarnail Singh v. Lachhmi Narain Gupta (2018)
Ruled that Reservation is not a fundamental right; it is a policy instrument.
Affirmed the 50% ceiling limit but allowed some exceptions in extraordinary cases.
f) Maratha Reservation Case (2019)
The Supreme Court struck down the Maharashtra law providing reservation to Maratha community beyond the 50% cap.
Held that the 50% limit is generally inviolable.
6. Limitations and Challenges of Reservation
50% ceiling: Generally, reservations cannot exceed 50%, maintaining balance between equality and affirmative action.
Creamy layer exclusion: Wealthier members of backward classes are excluded to ensure benefits reach genuinely needy.
Temporary nature: Reservations are meant as a temporary measure until equality is achieved.
Judicial scrutiny: Reservation policies must pass the test of reasonableness and non-arbitrariness.
Criticism: Some argue it can lead to reverse discrimination or undermine meritocracy.
7. Recent Developments
Introduction of 10% reservation for Economically Weaker Sections (EWS) in the general category by the 103rd Constitutional Amendment.
Debates on extending reservation to other groups based on economic or regional backwardness.
Continued judicial scrutiny to balance social justice and constitutional equality.
Conclusion
Reservation in India is a constitutional mechanism designed to promote social justice by providing opportunities to historically disadvantaged communities. It is governed by a delicate balance between affirmative action and equality, as interpreted by the Supreme Court in various landmark judgments. While it has been instrumental in uplifting marginalized groups, it remains a complex and evolving area of constitutional law.
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