Introduction
The Reservation Policy in India is a practice of allocating a specific percentage of seats (up to a maximum of 50%) for particular social groups such as Scheduled Castes, Scheduled Tribes, Backward Classes, etc. in government educational institutions, government jobs, and other areas. This policy has a long history in India, with its origins rooted in ancient times when the society was plagued by practices like "untouchability," the caste system, and the Varna system.
In ancient Hindu society, individuals were divided into different Varnas or classes, namely the Brahmans, the Kshatriyas, the Vaisyas, and the Shudras, with the untouchables or "avarna" considered as a separate class, devoid of any social standing. These untouchables were deemed impure and faced exclusion from the social system. They were required to reside outside the villages and were denied social rights. In certain regions, such as Southern India, even their shadows cast upon upper-class individuals were considered contaminating. Strict restrictions governed their social interactions and any violation of social norms led to severe punishments, including death.
This system of societal division based on purity and impurity was inherently cruel and hindered the development and progress of the lower-class individuals, as their skills and labor were disregarded solely due to their caste. Instances from epics like the Mahabharata depict the humiliation and suppression faced by individuals like Karna, who, despite being a skilled warrior, were denied opportunities due to their Shudra caste. This prevailing caste system was a significant catalyst for the emergence and evolution of the Reservation Policy in India.
The concept of providing reservations to specific social groups originated from the atrocities inflicted upon them. The aim was to ensure equal opportunities and social status, uplift their standing in society, bridge the gap with other sections of society, and promote development within the lower strata of society. The Reservation Policy was adopted to address these issues and promote social justice and inclusivity.
Reservation Policy in Pre- Independence Era
The Reservation Policy in India has its legal origins in the Government of India Act of 1919, which was enacted during the tumultuous period of World War I. Despite the British focus on Europe at the time, they introduced significant legislation aimed at the development of the Indian territory. The Act of 1919 not only implemented various reforms in Indian governmental institutions but also addressed minority issues, including the establishment of communal electorates.
Although Montague-Chelmsford criticized the system as potentially hindering self-development policies, the separate electorates for Muslims, established through the Minto-Morley reform of 1909, made it impractical to eliminate them. Following the Act of 1919, the controversial Simon Commission was formed in 1927 to review the Montague-Chelmsford reforms. After extensive tours of Indian provinces, the commission representatives recommended the merging of separate electorates and the reservation of seats for depressed classes. There was also a demand for a broader franchise, as the economic, educational, and social conditions of these depressed classes hindered their ability to vote effectively.
To review and incorporate the Simon Commission's report and proposed reforms into a new constitution, a Round Table Conference was convened in London in 1931. The conference included Indian delegates representing various interest groups and was chaired by Prime Minister Ramsay Macdonald. B.R. Ambedkar appealed for separate electorates for depressed classes, while Mahatma Gandhi vehemently opposed the idea. Due to Gandhi's strong opposition and the stand taken by the Congress party, the issue of minority representation remained unresolved at the conference.
Subsequently, the Communal Award and the Poona Pact of 1932 were introduced. Prime Minister Macdonald announced the Communal Award, which provided separate representation for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits. Depressed classes were allocated seats filled through elections from special constituencies where only voters belonging to the depressed classes could participate. The Communal Award faced criticism from Mahatma Gandhi but received strong support from Dr. B.R. Ambedkar and other minority groups.
As a result of Gandhi's hunger strike and widespread opposition to the award, the Poona Pact of 1932 was negotiated. The pact led to the establishment of a single general electorate for each seat in British India and the new Central Legislatures. The provisions of the Poona Pact were incorporated into the Government of India Act of 1935, which included the allocation of reserved seats for depressed classes. This was the state of affairs before India gained independence.
Post- Independence Era
After India gained independence, the Reservation Policy gained even more momentum than during the pre-independence era. The Constituent Assembly, chaired by Dr. B.R. Ambedkar, formulated the reservation policy, dedicating several articles in the Indian Constitution to address it.
· Article 15(4) – Special Provision for Advancement of Backward Classes
Article 15(4) is an exception to clauses 1 and 2 of Article 15 and was added through the Constitution (1st Amendment) Act of 1951 in response to the State of Madras v. Champakam Dorairajan case. The case involved the reservation of seats in State Medical and Engineering colleges in Madras based on religion, caste, and race. The Supreme Court declared the law void as it classified students solely based on caste and religion, disregarding merit. To counteract this decision, Article 15 was amended, empowering the state to make provisions for the advancement of socially and educationally backward classes or Scheduled Castes and Scheduled Tribes. This amendment allowed the state to establish Harijan Colonies to promote the interests of the backward classes.
· Constitution (93rd amendment) Act, 2006: Provision for Reservation of Backward, SC and ST classes in private educational institutions (Article 15(5))
The new clause 5 of Article 15 states that the state can make special provisions, by law, for the advancement of socially and educationally backward classes, Scheduled Castes, or Scheduled Tribes in admission to educational institutions, including private ones, aided or unaided by the state. This amendment was enacted to overturn the Supreme Court decisions in TM Pai Foundation v. State of Karnataka, Islamic Academy v. State of Karnataka, and P.A. Inamdar v. State of Maharashtra. These decisions had held that the state cannot reserve seats in admissions to privately-run educational institutions. However, the amendment excludes minority educational institutions from its purview. While Article 15 prohibits discrimination based on religion, the reservation policy has faced criticism for potentially compromising merit-based higher education.
· Reservation of Posts in Public Employment on the Basis of Residence (Article 16(3)
Article 16(3) is an exception to clause 2 of Article 16, which prohibits discrimination based on residence. It empowers Parliament to regulate, through law, the extent to which a state can deviate from the general principle and reserve certain posts in the government for residents only.
· Reservation for backward classes in public employment (Article 16(4))
Article 16(4) is the second exception to the general rule of Articles 16(1) and (2). It allows the state to make special provisions for the reservation of appointments in favor of any backward class of citizens that, in the opinion of the state, is not adequately represented in government services.
· Other Articles of the Indian Constitution covering the Reservation Policy:
Article 17 abolishes untouchability and declares its practice as a punishable offense.
The Social Security Charter of Directive Principles of State Policy under Article 39-A directs the state to ensure equal justice and free legal aid to economically backward classes. Article 45 imposes a duty on the state to raise the living standards and improve the health of backward classes.
Articles 330-342 provide special provisions for certain classes of people, such as Scheduled Castes, Scheduled Tribes, Anglo-Indians, linguistic minorities, and Other Backward Classes (OBCs).
Relevance of Article 335
Article 335 plays a significant role in the reservation process as a balancing act. It states that the state shall consider the claims of members of Scheduled Castes and Scheduled Tribes for positions in government services, but only if such appointments will enhance administrative efficiency. The article does not mandate the state to grant these positions solely based on social standing but serves as guidance to strike a balance between the claims of SCs and STs and administrative efficiency.
Landmark Judgments Regarding Reservation
· Indra Sawhney V. Union of India– The Mandal Commission Case
A 9-judge Constitution Bench of the Supreme Court, with a 6:3 majority, upheld the constitutionality of the Union Government's decision to reserve 27% of government jobs for backward classes, provided that socially advanced individuals (known as the Creamy Layer) among them are excluded. The reservation of seats was restricted to initial appointments and not promotions, and the total reservations were not to exceed 50%. The court deemed the two challenged notifications (OM) dated August 13, 1990, and September 25, 1991, as valid and enforceable, subject to the conditions mentioned. However, the court struck down the Congress Government's OM reserving 10% of government jobs for economically backward classes among higher classes.
Following the Mandal case, two amendments were made to Article 16 of the Constitution. The 77th Amendment introduced clause 4-A, which allows the state to make provisions for reservation in promotions for Scheduled Castes and Scheduled Tribes, provided they are inadequately represented in the services. The 81st Amendment added clause 4-B, which removes the 50% ceiling on reservations for SCs/STs and BCs in backlog vacancies that could not be filled in previous years due to a lack of eligible candidates.
· M.R. Balaji and Ors. v. State of Mysore, AIR 1963 SC 649
The State of Mysore issued an order reserving 75% of seats in educational institutions for socially and educationally backward classes, excluding the Brahmin community. The Supreme Court, in a 5-judge bench, struck down the order, stating that backwardness should be determined based on both social and educational factors, and caste alone cannot be the sole and dominant criterion. The court also emphasized that reservation should be defined broadly and limited to less than 50%.
· State of UP v. Pradeep Tandon, AIR 1975 SC 563.
The State Government issued an order reserving seats for students in medical institutions based on geographical and territorial areas, including rural areas, hill areas, and Uttarakhand. The Supreme Court upheld the reservation for candidates from hill areas and Uttarakhand, considering the lack of communication, technical processes, and educational facilities that kept people in those areas socially and culturally backward. However, reservation for candidates from rural areas was deemed invalid as the division based on the rural-urban distinction lacked factual support.
· State of Madras v. Smt. Champakan Dorairajan, [1951] S.C.R. 525
The Madras government's order enforcing communal reservations in medical colleges was struck down by a special bench of seven judges. The court found the order to be unconstitutional under Articles 15(1) and 29(2) of the Constitution. The objective of helping backward classes was not deemed sufficient to justify the reservation based on caste.
Why is Reservation Important in India?
The concept of reservation in India holds significant importance due to historical discrimination and societal inequalities faced by marginalized communities, particularly in the context of caste-based discrimination. The importance of reservation can be examined from both a legal and socio-cultural perspective.
Legal Sense
Reservation addresses the persistent oppression experienced by these marginalized groups, who were historically subjected to discrimination by higher caste communities. The framers of the Indian Constitution recognized the need to incorporate these groups into the legislative process and ensure their representation and participation in the governance of the country. Reservation provides special provisions, equal rights, and opportunities to mitigate the historical injustices faced by these backward classes and promote their inclusion within the legal framework of the nation.
Socio-Cultural Sense
Reservation addresses the deep-rooted casteism prevalent in Indian society. The Hindu varna system, consisting of Brahmins, Kshatriyas, Vaishyas, and Shudras, relegated certain individuals to the status of untouchables or Dalits. Untouchables were subjected to social segregation and assigned menial tasks deemed impure by the higher castes. This discriminatory practice extended beyond Hinduism and influenced other religions such as Christianity and Islam, perpetuating discrimination against individuals considered to be of a "lowly birth." The reservation system aims to uplift these marginalized communities, protect them from further oppression, promote their development and education, and rectify historical injustices.
Debate on Reservation
While the concept of reservation is generally accepted, there are concerns about the perpetuation of caste-based reservations. Critics argue that after several decades of reservation, economically and socially empowered members of backward classes have benefited significantly. They propose redirecting reservation benefits towards economically weaker sections of society instead. Additionally, the existence of the creamy layer, wherein well-off individuals within backward classes also receive reserved seats, further fuels the controversy.
In order to address these concerns, potential solutions include limiting the reservation benefits to a maximum of two children per family, regardless of the total number of children. This would help regulate the population of the Other Backward Classes (OBCs) and promote equality. It is also essential to focus on generating job opportunities for all sections of society to ensure that reservation is not the only avenue for upward mobility. By shifting the focus from caste-based reservation to inclusive economic policies, it is possible to reduce discrimination, foster equality, and provide opportunities to those who are genuinely economically disadvantaged.
Suggestions and Solutions
When considering a solution to the ongoing debate surrounding reservation in India, it is essential to acknowledge the valid concerns raised by those against the current system. The caste-based reservation system has become less relevant in the modern age and may inadvertently deprive economically underprivileged individuals of opportunities.
Furthermore, the reservation system, as currently implemented, can contribute to societal division, discrimination, and conflicts between different sections of society. Rather than promoting unity, it can perpetuate a sense of oppression and hinder communal living.
One potential solution could be to restrict reservation benefits to a maximum of two children per family, irrespective of the family's total number of children. This approach would help regulate the population of Other Backward Classes (OBCs) and gradually reduce their overrepresentation, thereby aligning with the principle of equality.
It is also crucial to consider economic factors when discussing reservation. In many rural areas, individuals from the general category may face economic hardships similar to those experienced by OBC members. However, under the current reservation criteria, only individuals belonging to the OBC category receive reservation benefits in educational institutions and government jobs.
By shifting the focus from caste-based reservation to a more inclusive and economically oriented approach, opportunities can be provided to those who are genuinely underprivileged. This would ensure that reservation benefits are directed to those in need, regardless of their caste background, fostering greater equality and social harmony.
In summary, while acknowledging the concerns raised against the existing reservation system, it is important to seek solutions that address economic disadvantages rather than perpetuating a caste-based approach. Implementing a restriction on the number of children eligible for reservation benefits and prioritizing economic criteria would help promote equality and ensure that opportunities are extended to those truly in need.
Conclusion
The reservation policy in India was originally intended to uplift socially and economically backward castes that had been marginalized due to the caste system. However, in the modern era, the reservation system has lost its essence and is being misused for political gains. The inclusion of certain castes who are not socially or economically disadvantaged has led to a dilution of the intended benefits.
Instances like the Patel agitation in Gujarat and the manipulation of reservations by privileged sections, such as Brahmans in Tamil Nadu, have raised concerns about the fairness and effectiveness of the reservation system. The exclusion of the Creamy Layer from reservations after the Mandal case was an attempt to address some of these issues.
Justice Ravindran, in the Ashok Kumar Thakur v. Union of India case, highlighted the danger of more people aspiring for backwardness rather than progress, as it leads to stagnation in the country. The reservation policy should not be viewed as inherently good or bad, but its purpose and relevance should be continually assessed.
Political interference and the criteria for reservations have attracted criticism. The socially and economically backward classes are not always the true beneficiaries of the system, as the mere identification with a backward caste can be enough to gain advantages in the name of reservations.
It is crucial to ensure that deserving candidates are not overlooked or denied opportunities due to the reservation system. The idea of development cannot coexist with an excessive focus on backwardness. Progress can only be achieved if the reservation policy is implemented in a way that truly benefits those who are socially and economically disadvantaged.
The reservation policy should not become a means for individuals to exploit opportunities, profit, and personal interests by merely identifying themselves as backward. It is essential to maintain the essence of the reservation policy by providing genuine support to those who are truly in need and ensuring that the system promotes fairness and social equity.
Ultimately, an excessive emphasis on backwardness can hinder the progress and development of the country.