Reservation system, a constitutional mandate for social justice, provides affirmative action in education and public employment for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. However, it faces challenges like the 'creamy layer' debate, administrative efficiency, and sub-categorization.
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Picture Courtesy: INDIAN EXPRESS
The government is working towards standardizing the "creamy layer" condition for OBC reservations across all government jobs (central, state, PSUs, universities, etc.) to ensure fair and uniform application of benefits and address inconsistencies from past regulations.
It is a form of affirmative action mandated by the Constitution.
It allocates a fixed percentage of seats in government jobs, public educational institutions, and legislatures to historically disadvantaged communities.
It's objective is to counteract centuries of deep-rooted social discrimination and exclusion caused by the caste system.
Pre-independence era (origins of the concept)
1882: Jyotirao Phule proposes the idea of caste-based reservations for free and compulsory education and representation in government jobs.
1902: Maharaja of Kolhapur, Chhatrapati Shahuji Maharaj, implements 50% reservation in government posts for non-Brahmins and backward classes.
1909: British introduce separate electorates for Muslims through the Government of India Act, starting identity-based representation.
1932: British Prime Minister's Communal Award proposes separate electorates for depressed classes.
1932: Mahatma Gandhi and Dr. B.R. Ambedkar sign the Poona Pact, replacing separate electorates for depressed classes with reserved seats within a single electorate.
1935: Government of India Act creates provincial assemblies with reserved seats for "Scheduled Castes," a new term at that time.
Post-independence era (constitutional provisions and implementation)
Constituent Assembly included reservation into the Constitution for Scheduled Castes (SCs) and Scheduled Tribes (STs). The system was initially intended for a period of 10 years but has been extended continuously.
Mandal Commission Era (1990s): Government expanded the reservation system to include Other Backward Classes (OBCs) based on the recommendations of the Mandal Commission, reserving an additional 27% for them.
Economic Criteria Shift (2019): Government introduced the 103rd Constitutional Amendment, the first time reservation was based purely on economic criteria.
Key constitutional provisions
Articles 15(4) and 16(4): Allow the Central and State Governments to implement special provisions, including reservations, for the advancement of socially and educationally backward classes, including SCs and STs, in education and public employment.
Article 16(4A) (77th Amendment, 1995): Permits the state to provide reservations in promotions for SCs and STs if they are not adequately represented in state services. The 85th Amendment Act, 2001, ensures consequential seniority for promoted SC/ST candidates.
Article 16(4B) (81st Amendment, 2000): Addresses unfilled reserved vacancies by allowing them to be carried forward, exempting them from the 50% reservation limit in that specific year to ensure quotas are filled.
Article 330 and 332: Mandate reservations for SCs and STs in the Parliament (Lok Sabha) and State Legislative Assemblies, respectively.
Article 243D and 243T: These articles extend reservations for SCs and STs to Panchayati Raj Institutions and Urban Local Bodies.
Article 335: Highlights the importance of maintaining administrative efficiency while considering the claims of SCs and STs for services and posts.
Article 15(6) and 16(6) (103rd Amendment, 2019): Introduced a 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions.
Judicial Intervention
Indra Sawhney vs Union of India (1992): Upheld OBC reservations but set a 50% cap on total reservations and introduced the "creamy layer" concept to exclude affluent individuals from reservation benefits within backward classes.
M. Nagaraj vs Union of India (2006): Validated reservations in promotions and carrying forward vacancies (Articles 16(4A) and 16(4B)) but required states to demonstrate backwardness, inadequate representation, and ensure administrative efficiency is not compromised.
Jarnail Singh vs Lachhmi Narain Gupta (2018): Modified the Nagaraj ruling, stating that states do not need quantifiable data on SC/ST backwardness for reservations in promotions, but the "creamy layer" exclusion still applies to SC/STs.
Janhit Abhiyan vs Union of India (2022): Supreme Court upheld the 103rd Constitutional Amendment Act, allowing the 10% EWS reservation even if it exceeds the 50% limit for other categories, recognizing economic criteria for reservation.
Present Reservation
Current Reservation Percentages: SC (15%), ST (7.5%), OBC (27%), EWS (10%).
Total Reservation: 59.5%.
Legislative Representation: 84 Lok Sabha seats are reserved for SCs and 47 for STs.
Benefits are Monopolized by a Few: The Rohini Commission found that less than 1% of OBC sub-castes have taken 50% of the benefits, fueling the demand for a "quota within a quota" to ensure they reach the truly marginalized.
Shift to Economic Criteria: The 10% EWS quota, upheld by the Supreme Court in 2022, officially breached the 50% cap and validated economic backwardness as a reason for reservation, fundamentally changing the debate.
Perpetuation of Caste Politics: The system incentivizes caste-based mobilization. Dominant communities like the Marathas and Patidars agitate for OBC status to gain benefits, contradicting the goal of a casteless society.
Merit vs Efficiency Debate: A persistent conflict exists between social justice and administrative efficiency.
Lack of Updated Data: Policy relies on the outdated 1931 census. Bihar's 2023 Caste Survey and its move to a 75% quota have intensified the demand for a nationwide caste census for evidence-based policymaking.
Complexity and Litigation: The process of determining "equivalence" across thousands of different posts in various organizations is administratively complex and will likely lead to fresh rounds of litigation from candidates challenging their classification.
Shrinking Relevance: As government jobs decline and the private sector grows, the impact of reservation diminishes. This has led to a contentious demand to extend reservation to the private sector.
Outdated Income Limit: The ₹8 lakh income ceiling has not been revised since 2017.
The "creamy layer" refers to the relatively affluent and advanced members of a backward class who are deemed capable of competing without reservation.
Origin: The Supreme Court introduced this concept in the Indra Sawhney case (1992), mandating that the creamy layer within the OBCs must be excluded from the benefits of the 27% quota.
Current Debate: The central debate is whether this principle should be extended to SCs and STs.
Implement Data-Driven Rationalization: Conduct a comprehensive caste census, currently entire reservation architecture rests on the last available caste data from the 1931 census.
Implement Sub-Categorization: Implement the Justice G. Rohini Commission report to create a "quota within a quota" for OBCs.
Overhaul the "Creamy Layer" Mechanism: Principle of excluding the affluent must be applied fairly and logically.
Shift Focus from Quotas to Foundational Empowerment: Reservation is a remedial measure; the ultimate goal is a society where it is no longer needed.
Introduce a "Sunset Clause" or a Mandatory Review Mechanism: Reservation policy should not be a permanent entitlement without periodic assessment.
Address Reservation in the Judiciary and Private Sector: As public sector employment shrinks, the government should create a framework to incentivize diversity and inclusion in the private sector through tax benefits, preferential contracts, and other measures, rather than imposing a controversial mandatory quota system.
The reservation system is a tool for social justice, but it is not an end in itself. It was designed to be a temporary measure to correct a historical wrong. It's success will be measured not by its continuance, but by the creation of a society so equitable that it is no longer necessary. As Dr. B.R. Ambedkar predicted, the aim is not just to provide a ladder for a few, but to build a society where everyone stands on level ground.
Source: INDIAN EXPRESS
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PRACTICE QUESTION Q. Critically analyze the role of the reservation system in promoting social justice in India. Do you think it has achieved its intended objectives? 250 words |
The core objective is to ensure social justice and equal opportunities for historically disadvantaged communities, giving them adequate representation in public life and education.
The 'creamy layer' refers to the economically advanced sections within the backward classes; excluding them ensures that reservation benefits reach the most needy and not those who are already socio-economically privileged.
Critics argue that it compromises merit, perpetuates the caste system, and creates a sense of social division, leading to reverse discrimination.
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