Reservation in India

Not to be confused with Indian Reservation. minority communities, most notably revolutionary Dr.
B. R. Ambedkar. After lengthy negotiations, Gandhi
reached an agreement with Dr. Ambedkar (Initially op-
Reservation in India is the process of setting aside
a certain percentage of seats (vacancies) in govern- posed it) to have a single Hindu electorate, with Dalits
having seats reserved within it. This is called the Poona
ment institutions for members of backward and under-
represented communities (defined primarily by caste and Pact. Electorates for other religions like Muslim and Sikh
remained separate.
tribe). Reservation is a form of quota-based affirmative
action. Reservation is governed by constitutional laws, Present reservation system has a long history and has been
statutory laws, and local rules and regulations. Scheduled debated before and after Indian independence from the
Castes (SC), Scheduled Tribes (ST) and Other Backward British in 1947.
Classes (OBC) ( and in some states Backward Classes Reservations in favour of Backward Classes (BCs) were
among Muslims under a category called BC(M) )are the introduced long before independence in a large area,
primary beneficiaries of the reservation policies under the comprising the Presidency areas and the Princely states
Constitution – with the object of ensuring a level playing south of the Vindhyas. In 1882, Hunter Commission
field. was appointed. Mahatma Jyotirao Phule made a de-
mand of free and compulsory education for Smrti along
with proportionate representation in government jobs.[1]
1 History of the reservations sys- In 1891, there was a demand for reservation of gov-
tem ernment jobs with an agitation (in the princely State of
Travancore) against the recruitment of non-natives into
public service overlooking qualified native people.[1] In
1901,reservations were introduced in Maharashtra (in
the Princely State of Kolhapur) by Shahu Maharaj.[1]
Chatrapati Sahuji Maharaj, Maharaja of Kolhapur in
Maharashtra introduced reservation in favour of non-
Brahmin and backward classes as early as 1902. He pro-
vided free education to everyone and opened several hos-
tels in Kolhapur to make it easier for everyone to receive
the education. He also made sure everyone got suitable
employment no matter what social class they belonged.
He also appealed for a class-free India and the abolition
of untouchability. The notification of 1902 created 50%
reservation in services for backward classes/communities
in the State of Kolhapur. This is the first official in-
stance (Government Order) providing for reservation for
Caste and community profile of people below the poverty line in depressed classes in India.[2]
India, as outlined in the Sachar Report In 1908, reservations were introduced in favour of a num-
ber of castes and communities that had little share in the
In August 1933, the Prime Minister of Britain, Ramsay administration by the British.[1] There were many other
Macdonald gave his 'award' known as the Communal reforms in favour of and against reservations before the
Award. According to it, separate representation was to Indian Independence itself.
be provided for the Muslims, Sikhs, Indian Christians,
Even after the Indian Independence there were some ma-
Anglo-Indians, Europeans, Dalit. The depressed classes
jor changes in favour of the STs, SCs and OBCs. One of
were assigned a number of seats to be filled by election
the most important occurred in 1979 when the Mandal
from special constituencies in which voters belonging to
Commission was established to assess the situation of
the depressed classes only could vote.
the socially and educationally backward classes.[3] The
The Award was highly controversial and opposed by commission did not have exact figures for a sub-caste,
Mahatma Gandhi, who fasted in protest against it. known as the Other Backward Class(OBC), and used the
Communal Award was supported by many among the

1
2 4 BENEFICIARY GROUPS OF THE RESERVATION SYSTEM

1930[4] census data, further classifying 1,257 commu- cerned to that of the total population, vide provision con-
nities as backward, to estimate the OBC population at tained in Article 330 of the Constitution of India read
52%.[4] In 1980 the commission submitted a report, and with Section 3 of the R. P. Act, 1950.
recommended changes to the existing quotas, increas- In 1982, the Constitution specified 15% and 7.5% of
ing them from 22% to 49.5%.[3] As of 2006 number of vacancies in public sector and government-aided educa-
castes in Backward class list went up to 2297 which is tional institutes as a quota reserved for the SC and ST
the increase of 60% from community list prepared by candidates respectively for a period of five years, after
Mandal commission. But it wasn't until the 1990s that which the quota system would be reviewed.[14] This pe-
the recommendations of the Mandala Commission were
riod was routinely extended by the succeeding govern-
implemented in Government Jobs by Vishwanath Pratap ments. The Supreme Court of India ruled that reserva-
Singh.[5]
tions could not exceed 50% (which it judged would vio-
The concept of untouchability was not practised uni- late equal access guaranteed by the Constitution) and put
formly throughout the country; therefore the identifica- a cap on reservations.[15]
tion of oppressed classes was difficult to carry out. Al- However, there are state laws that exceed this 50% limit
legedly, the practice of segregation and untouchability and these are under litigation in the Supreme Court. For
prevailed more in the northern parts of India as opposed example, the caste-based reservation stands at 69% and
to in Southern India. Furthermore, certain castes or com- the same is applicable to about 87% of the population
munities, considered “untouchable” in one province were in the State of Tamil Nadu. In 1990, Prime Minister V.
not in other provinces.[6] P. Singh announced that 27% of government positions
would be set aside for OBCs in addition to the 22.5%
already set aside for the SCs and STs.[16]
2 Background of caste based reser-
vation 3 Present caste-based reservation
system of Union Government
A common form of past discrimination in India was the
practice of untouchability. Scheduled Castes (SCs) were
the primary targets of the practice, which is outlawed by 4 Beneficiary groups of the reser-
the Constitution of India.[7][8] "[9]
vation system
The primary stated objective of the Indian reservation
system is to increase the opportunities for enhanced so-
Enrolment in educational institutions and job placements
cial and educational status of the underprivileged com-
are reserved based on a variety of criteria. The quota
munities and thus uplift their lifestyle to have their place
system sets aside a proportion of all possible positions
in the mainstream of Indian society.[10] The reservation
for members of a specific group. Those not belonging to
system exists to provide opportunities for the members
the designated communities can compete only for the re-
of the Scheduled Castes and Scheduled Tribess to in-
maining positions, while members of the designated com-
crease their political representation in the State Legis-
munities can compete for either reserved or open posi-
latures, the Executive Organ of the Union (Centre) and
tion. For example, when 1 out of 10 clerical positions in
States, the labour force, schools, colleges, and other pub-
railways are reserved for ex-servicemen, those who have
lic institutions.[11]
served in the Army can compete both in the “General Cat-
The Constitution of India states in article 16(4): “Noth- egory” as well as in the specific quota.
ing in [article 16] or in clause (2) of article 29 shall
Seats are reserved for people under the following criteria:
prevent the State from making any special provision for
the advancement of any socially and educationally back-
ward classes of citizens or for the Scheduled Castes and
4.1 Caste
the Scheduled Tribes.”[12] Article 46 of the Constitution
states that “The State shall promote with special care the In central-government funded higher education institu-
educational and economic interests of the weaker sections tions, 22.5%[17] of available seats are reserved for Sched-
of the people, and, in particular, of the Scheduled Castes uled Caste (SC) and Scheduled Tribe (ST) students (7.5%
and the Scheduled Tribes, and shall protect them from for STs, 15% for SCs).[17] This reservation percentage
social injustice and all forms of exploitation.”[1][13] has been raised to 49.5%[17] by including an additional
Today, out of 543 seats in India’s parliament, 84 27% reservation for OBCs. This ratio is followed even
(15.47%) are reserved for SC/Dalits and 47 (8.66%)for in Parliament and all elections where a few constituen-
ST/Tribes. Allocation of seats for Scheduled Castes and cies are earmarked for those from certain communities
Tribes in the Lok Sabha are made on the basis of pro- (which will next rotate in 2026 per the Delimitation Com-
portion of Scheduled Castes and Tribes in the State con- mission).
4.3 Religion 3

The exact percentages vary from state to state:
• In Tamil Nadu, the reservation is 18%[17] for SCs
and 1% for STs, based on local demographics.
• In Northeast India, especially in Arunachal Pradesh,
Meghalaya, Nagaland and Mizoram, reservation
for ST in State Govt. jobs is 80% with only
20% unreserved. In the Central Universities of
NEHU(shillong) and Rajiv Gandhi University, 60%
of seats are reserved for ST students.
• In Andhra Pradesh, 25% of educational institutes
and government jobs are reserved for OBCs, 15%
for SCs, 6% for STs and 4% for Muslims.[18]
Sabha has not voted on the bill. Critics say gender can-
not be held as a basis for reservation alone other factors
should also be considered e.g. economic, social condi-
tions of woman candidate especially when applying reser-
vation for educated women. There also is a growing de-
mand for women reservation in pre-existing reservations
like OBC, SC/ST, Physically handicapped etc. Some
feminist groups still demand that reservation for women
should be at least 50% as they comprise 50% of the pop-
ulation.
In Gujarat, 33% of posts are reserved for females in
all government departments and services, such as police,
health, education and general administration.[25][26]

• In West Bengal, 35% of educational institute seats 4.3 Religion

and[19] government jobs are reserved for SC, ST,
and OBC (22% SC, 6%ST,[19] 7% for[19] OBC A Reservation has also been extended to religious minori-
&B[20] )in West Bengal there is no reservation on re- ties. The Tamil Nadu government has allotted 3.5% of
ligious basis but some economically and education- seats each to Muslims and Christians, thereby altering the
ally backward Muslim castes(basis surnames per- OBC reservation to 23% from 30% (since it excludes per-
taining to different profession e.g. cobbler, weaver sons belonging to Other Backward Castes who are either
etc.) have been included along with their Hindu Muslims or Christians).[27]
counterparts in OBC list namely OBC A and OBC The Government of Andhra Pradesh introduced a law en-
B, in both lists caste from both communities are abling 4% reservations for Muslims in 2004. This law
there.[21] But in higher educational institute, till has upheld by the Supreme Court of India in an interim
now there is no reservation for the OBC commu- order on March 25, 2010,however it constituted a Con-
nity but there is reservation in regard to admis- stitution bench to look in the issue.Until that decision,it is
sion in primary,secondary[19] and higher secondary allowed.[28][29] The Supreme Court bench of Chief Jus-
studies.[19][20] tice K.G. Balakrishnan and Justices J.M. Panchal and
B.S. Chauhan referred this issue to Constitution bench
to examine the validity of the impugned Act since it in-
4.2 Gender volved important issues of Constitution.[30] The issue of
whether religion-based quotas are permissible under the
In 1993, a constitutional amendment in India called for Constitution is now before a Constitution bench of the
a random one third of village council leader, or pradhan, Supreme Court. Pending a decision on its legality, the
positions in gram panchayat to be reserved for women.[22] top court, however, allowed the state government to im-
The village council is responsible for the provision of plement the quota.[31] Kerala Public Service Commis-
village infrastructure – such as public buildings, water, sion has a quota of 12% for Muslims. Religious minor-
and roads – and for identifying government program ben- ity (Muslim or Christian) educational institutes also have
eficiaries. Although all decisions in the village coun- 50% reservation for Muslim or Christian religions. The
cil are made by majority, the pradhan is the only full- Central government has listed a number of Muslim com-
time member and exercises significant control over the munities as backward Muslims, making them eligible for
final council decisions.[23] Recent research on the quota reservation.
system has revealed that it has changed perceptions of
women’s abilities, improved women’s electoral chances,
and raised aspirations and educational attainment for ado- 4.3.1 Controversy
lescent girls.[24]
The Government of India on 22 December 2011 an-
There is a long-term plan to extend this reservation to nounced establishment of a sub-quota of 4.5% for mi-
parliament and legislative assemblies. For instance, some norities within the existing 27% reservation for Other
law schools in India have a 30% reservation for females. Backward Classes. The reasoning given was that Muslim
Progressive political opinion in India is strongly in favour communities that have been granted OBC status are un-
of providing preferential treatment to women to create a able to compete with Hindu OBC communities.[32] It was
level playing field for all of its citizens. alleged that the decision was announced as the Election
The Women’s Reservation Bill was passed by the Rajya Commission announced Assembly elections in five states
Sabha on 9 March 2010 by a majority vote of 186 mem- on 24 December 2011. The government would not have
bers in favour and 1 against. As of March 2013, the Lok been able to announce this due to the model code of con-
4 5 GOVERNMENT FUNDING ALLOWING RESERVATIONS IN COLLEGES/UNIVERSITIES

duct. On 12 January 2012, the Election Commission
stayed implementation of this decision for violation of the
model code of conduct.[33] Later, Justice Sachar, head of
the Sachar Committee that was commissioned to prepare
a report on the latest social, economic and educational
condition of the Muslim community of India, criticised
the government decision, saying “Such promises will not
help the backward section of minorities. It is like befool-
ing them. These people are making tall claims just to win
elections”. He suggested that instead of promising to give
reservations, the government should focus on basic issues
of improving administration and governance.[34]
On 28 May 2012, the Andhra Pradesh High Court
quashed the sub-quota. The court said that the sub-quota
has been carved out only on religious lines and not on any
other intelligible basis. The court criticised the decision:
“In fact, we must express our anguish at the rather casual
manner in which the entire issue has been taken up by the
central government.”[35]
4.4 Status as a domicile
With few exceptions, all jobs under certain State govern-
ments are reserved for those who are domiciled within
the jurisdiction of that government. For example, in
Punjab Engineering College (Chandigarh) 85% of seats
were earlier reserved for Chandigarh-domiciles—now it
is 50%. There are also some seats reserved for the Jammu
and Kashmir 'migrants’ in every Government-aided edu-
cational institute.
4.5 Other
Some reservations are also made for:
• Terrorist victims from Kashmir, e.g. in Punjab
tenure-based, e.g. the contract for Short-Service
Commission is merely 8 years)
• Dependents of armed forces personnel killed-in-
action
• Repatriates
• Reservation in special schools of Government Un-
dertakings/ PSUs, for the children of their own em-
ployees (e.g. Army schools, PSU schools, etc.)
• Paid pathway reservations in places of worship (e.g.,
Tirumala Venkateswara Temple, Tiruthani Muru-
gan temple)
• Seat reservation for Senior citizens and Physically
handicapped in public (bus) transport.
5 Government funding al-
lowing reservations in col-
leges/universities
A University Grants Commission (UGC) provides fi-
nancial assistance to universities for the establishment
of Special Cells for SC/STs. The cells help universi-
ties implement the reservation policy in student admis-
sion and staff recruitment processes for teaching and
non-teaching jobs. They also help the SC/ST categories
integrate with the university community and help re-
move the difficulties SC/ST individuals may have expe-
rienced. SC/ST cells have been set up in 109 universi-
ties. The UGC provides financial assistance to universi-
ties and affiliated colleges for implementation of Special
Cells. It provides the universities with assistance worth
₹100,000 per annum # Travelling Allowances & Dear-
ness Allowances for field work

• Single girl child (in Punjab)

• Migrants from the state of Jammu and Kashmir
• Sons/daughters/grandsons/granddaughters
Freedom Fighters
1. Data Collection
2. Analysis and evaluation of statistical data
of
3. New Computer and Printer (once in a plan period)

• Physically handicapped The UGC provided financial assistance only up to the end
of the Xth Plan period ending 31 March 2007. The work
• Sports personalities
undertaken by the SC/ST Cells was reviewed at the end of
• Non-Resident Indians (NRIs) have a small percent- Xth plan. The Xth plan is proposed to ensure that there
age of reserved seats in educational institutions. is an effective implementation of the reservation policy
(Note : NRI reservations were removed from IIT in admissions, recruitment, allotment of staff quarters,
in 2003) hostels, etc. Essentially, its goal was to ensure that the
SC/ST Cells were established in the universities.[11]
• Candidates sponsored by various organisations
New rules implementation of UPA Government do not
• Those who have served in the armed forces ('ex- provides Scholarship scheme and reservation quota of
serviceman' quota—because the age of superannu- students and Employees of colleges under central Univer-
ation in the Military Service is much shorter than sity and State University approved by University Grants
that in the Civil posts; more so, certain intakes are Commission (UGCs).
 5

6 Education scholarships in India and that of the benefit of consequential seniority in suc-
cessive promotions. However, this policy was challenged
In India most of the scholarships or student aid is available through a spate of petitions and subsequently Allahabad
only for OBC’s,SC,ST,BC, Women, Minorities & Mus- High Court on 4 January 2011 [44]
struck down the policy
lims. As per Rediff Labs, only 0.7% of scholarships or terming it as unconstitutional.
student aid in India is based on merit.[36] The Allahabad High Court verdict was challenged in the
Supreme Court through various petitions namely Civil
Appeal No.s 2608 of 2011, 2622 of 2011 and many oth-
7 Reservation in promotion ers. The Supreme Court on 27 April 2012, upheld the
high court judgement. The bench consisting of Justice
Dalveer Bhandari and Justice Dipak Misra rejected the
7.1 Background government’s argument on the ground that the it failed to
furnish sufficient valid data to justify the move to promote
The Supreme Court of India, in its 16 November 1992 employees on caste basis.[45][46]
judgment in the Indra Sawhney case,[37] ruled that reser-
vations in promotions are unconstitutional, but allowed its The apex court reiterated the law laid down through var-
continuation for 5 years as a special case.[38] In 1995, ious judgements by the Constitution benches in the M
77th amendment to the Constitution was made to in- Nagaraj, Indra Sawhney and other cases wherein it was
sert clause (4A) to Article 16 before the five-year pe- declared that reservation in promotions can be provided
riod expired to continue with reservations for SC/STs only if[47]there is sufficient data and evidence to justify the
in promotions.[39] Clause (4A) was further modified need.
through the 85th amendment to give the benefit of con-
sequential seniority to SC/ST candidates promoted by
reservation.[40] 8 Reservations in Andhra Pradesh
The 81st amendment was made to the Constitution that
inserted clause (4B) in Article 16 to permit the govern- Andhra Pradesh is the state having the highest percentage
ment to treat the backlog of reserved vacancies as a sep- of reservations in India in any form. 66.66% reservations
arate and distinct group, to which the limit of 50 per- are applicable in the state.
cent ceiling on reservation may not apply.[41] The 82nd The reservation schedule in Andhra Pradesh is as follows-
amendment inserted a provison in Article 335 to en-
able states to give concessions to SC/ST candidates in
• Schedule Classes (A, B, C, D) – 15%
promotion.[42]
The validity of all the above four amendments i.e. 77th, • Schedule Tribes – 6%
81st, 82nd and 85th was challenged in the Supreme Court
• Backward Classes (A, B, C, D) – 25%
through various petitions clubbed together in M Nagaraj
& Others vs. Union of India & Others, mainly on the • Physically Handicapped (Blind, Deaf & Dumb and
ground that these altered the Basic Structure of the Con- OPH) – 3%(1+1+1)
stitution.[43]
• Ex-Service Men (APMS only) – 1%(0.5% in gen-
On 19 October 2006, the Supreme Court upheld these
eral)
four amendments but stipulated that the concerned state
will have to show, in each case, the existence of com- • Women- 33.33% (in all categories, means 16.66%
pelling reasons which include backwardness, inadequacy in general category)
of representation and overall administrative efficiency, be-
fore making provisions for reservation. The court further
Total % of reservation - Minimum 66.66%
held that these provisions are merely enabling provisions.
If a state government wishes to make provisions for reser-
vation to SC/STs in promotion, the state has to collect • School Admissions Under RTE : Though Andhra
quantifiable data showing backwardness of the class and Pradesh Govt says economically backward children
inadequacy of representation of that class. [43] are admitted in to private schools under Right To
Education (RTE) Act, but the fact is children are
admitted in to private schools based on caste based
7.2 2007 Reservation in promotion in Ut- reservations. check page 9 and Point no 4 of this
tar Pradesh below document

In 2007, Government of Uttar Pradesh introduced reser- The reservation for women cuts across all classes and
vation in promotions. The policy specified reservation communities and is a horizontal and not vertical reserva-
for SC/ST employees in the first stage of their promotion tion. As such the total % of reservations has to be counted
6 11 ADVANCES UNDER THE RESERVATIONS SYSTEM

at 50% only; and that is in consonance with the Supreme 10.1 Institutions kept out of the purview of
Court dicta that reservations in general ought not to ex- reservation
ceed 50% of the posts/seats if the right to equal opportu-
nity to all without discrimination guaranteed under Arti- The following institutions have been kept out of the
cle 16 is to be vindicated and respected.[48] purview of Central Educational Institutions (Reservation
in Admission) Act, 2006:,[57][58]

9 Reservations in Maharashtra 1. Homi Bhabha National Institute, Mumbai and its ten
constituent units, namely:

(a) Bhabha Atomic Research Centre, Trombay

(b) Indira Gandhi Centre for Atomic Research,
Kalpakkam
(c) Raja Ramanna Centre for Advanced Technol-
ogy, Indore
(d) Institute for Plasma Research, Gandhinagar
(e) Variable Energy Cyclotron Centre, Kolkata
(f) Saha Institute of Nuclear Physics, Kolkata;
(g) Institute of Physics, Bhubaneshwar
(h) Institute of Mathematical Sciences, Chennai

Reservations in Maharashtra as of 5 March 2015. (i) Harish-Chandra Research Institute, Allahabad

Scheduled Castes (SC) (13%) (j) Tata Memorial Centre, Mumbai

Scheduled Tribes (ST) (7%)
2. Tata Institute of Fundamental Research, Mumbai
Other Backward Classes (OBC) (19%)
Special Backward Classes (SBC) (2%)
3. North Eastern Indira Gandhi Regional Institute of
Nomadic Tribes - A (11%)
Health and Medical Sciences, Shillong
Nomadic Tribes - B (2.5%)
Nomadic Tribes - C (3.5%) 4. Physical Research Laboratory, Ahmedabad
Nomadic Tribes - D (2%)
General (42%) 5. Space Physics Laboratory, Thiruvananthapuram

Maharashtra has 52% reservation in educational institu- 6. Indian Institute of Remote Sensing, Dehradun
tions and government jobs. The government of Maha-
7. Shri Mata Vaishno Devi University, Katra
rashtra added Marathas (16%) and some Muslim sub-
castes (5%) to the reservation in 2014 but the move was
rejected by Bombay High Court later.[49][50][51][52] If this
reservation to Maratha implemented, it will leave the re- 11 Advances under the reserva-
maining 23% to General/Open category.[53][54]
tions system
The public sector jobs are divided into 4 categories: Class
10 Excluded from the reservation I (or Group A), Class II (or Group B), Class III (or Group
C) and Class IV (or Group D). The Class I employees
system take up 2.2% of the public sector workforce, the Class II
employees take up 3.3% of the public sector workforce,
People in the following categories are not entitled to take the Class III employees take up 66.8% of the public sector
advantage of the reservation system for Other Backward workforce, and the Class IV employees take up 27.2% of
Classes – OBCs: the public sector workforce.[59] Below are the percentages
[59]
The creamy layer is only applicable in the case of Other of the SC employees in the Central government:
Backward Castes and not applicable on other group like The above table shows that over time as the new laws for
SC or ST. Though the efforts are also being made to do so. the reservation systems were passed employment of SC’s
In some state the reservation within reservation has been in Class I, II, III, and IV public sectors increased substan-
made but creamy layer as such is applicable in OBCs only. tially.

12 See also
• List of Other Backward Classes
• Court Cases Relating to India’s Reservation System
• Women’s Reservation Bill India
• Dhangar Scheduled tribe issue
• Nationalization
• Socialism
• Caste politics in India
• Reservation policy in Tamil Nadu
• Self-immolations in India
13 References
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[2] Chhatrapati Shahu Maharaj.“Shri Chhatrapati Shahu Ma-
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[3] Bhattacharya, Amit. “Who are the OBCs?". Archived
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[4] Ramaiah, A (6 June 1992). “Identifying Other Back-
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[11] “Financial Support”. University Grants Commission, In-
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[12] Article 16 of the Constitution of India Section 4,
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7
[13] Article 46 of the Constitution of India Section 0,
Constitution of India (1950; in English). Retrieved on 8
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[14] “Educational Safeguards”. Department of Education.
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on 8 August 1991. New Delhi: Supreme Court of India.
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[16] “The Struggle for Equality in India”. Retrieved 2 February
2015.
[17] “Affirmative Action and Peer Effects: Evidence from
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[18] Arora, N.D. (2010). Political Science for Civil Services
Main Examination. Tata McGraw-Hill Education. p. 19.
[19] ":: BCW Department-Govt of West Bengal, Reservation
::". Retrieved 2 February 2015.
[20] ":: Backward Classes Welfare Department, Government
of West Bengal ::". Retrieved 2 February 2015.
[21] </www.anagrasarkalyan.gov.in
[22] Chattopadhyay, Raghabendra, and Esther Duflo. 2004.
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[23] Beaman, Lori, Raghabendra Chattopadhyay, Esther
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[25] “33% reservation for women in all Gujarat state govern-
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[27] Viswanathan, S. (16 November 2007). “A step forward”.
Frontline 24 (22)..
[28] PTI. “Interim relief to AP on Muslim reservation”. The
Hindu. Retrieved 14 June 2015.
[29] “Supreme Court to hear govt on Muslim quota”. The
Times of India. Retrieved 14 June 2015.
[30] “Centre seeks SC’s approval on Muslim reservation”.
timesofindia-economictimes. Retrieved 14 June 2015.
8 14
[31] “SC backs quota for Muslims in Andhra Pradesh”. Re-
trieved 14 June 2015.
[32] “4.5% quota fails to impress Muslims in Uttar Pradesh”.
The Times of India. 23 December 2011.
[33] “Election Commission stalls 4.5% sub-quota in poll
states”. The Times of India. 12 January 2012. Retrieved
28 May 2012.
[34] “Govt trying to befool minorities with quota: Sachar”. 19
February 2012. Retrieved 20 February 2012.
[35] “HC Quashes Centre’s 4.5% Sub-Quota for Minorities”.
28 May 2012. Retrieved 28 May 2012.
[50] “Devendra Fadnavis government scraps quota for Mus-
[36] http://www.rediff.com/news/report/
rediff-labs-can-you-guess-how-many-indians-get-merit-based-scholarships/
20140901.htm
[51] “Govt will appeal on Maratha quota in SC next week”.
[37] “Indra Sawhney Etc. Etc vs Union Of India And Others,
Etc. ... on 16 November, 1992”. Retrieved 14 June 2015.
[38] “Indra Sawhney Etc. vs Union of India And Others, Etc.
on 16 November, 1992”. IndianKanoon.org. Retrieved
22 August 2012. (4) Reservation being extreme form
of protective measure or affirmative action it should be
confined to minority of seats. Even though the Constitu-
tion does not lay down any specific bar but the constitu-
tional philosophy being against proportional equality the
principle of balancing equality ordains reservation, of any
manner, not to exceed 50%.” ,"Reservation in promotion
is constitutionally impermissible as, once the advantaged
and disadvantaged are made equal and are brought in one
class or group then any further benefit extended for pro-
motion on the inequality existing prior to be brought in
the group would be treating equals unequally. It would
not be eradicating the effects of past discrimination but
perpetuating it.
[39] “Seventy Seventh Amendment”. Indiacode.nic.in. Re-
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[40] “Eighty Fifth Amendment”. Indiacode.nic.in. 4 January
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[42] “Eighty Second Amendment”. Indiacode.nic.in. Re-
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[43] Justice S.H.Kapadia. “M.Nagaraj & Others vs Union of
India & Others on 19 October, 2006”. Retrieved 22 Au-
gust 2012. We reiterate that the ceiling-limit of 50%,
the concept of creamy layer and the compelling reasons,
namely, backwardness, inadequacy of representation and
overall administrative efficiency are all constitutional re-
quirements without which the structure of equality of op-
portunity in Article 16 would collapse.”, “As stated above,
the impugned provision is an enabling provision. The
State is not bound to make reservation for SC/ST in matter
of promotions.
[44] “Promotion quota not legally sustainable: HC”. The Times
of India. 5 January 2011. Retrieved 10 August 2012.
EXTERNAL LINKS
[45] “Supreme Court upholds High court’s decision to quash
quota in promotion”. The Times of India. 28 April 2012.
Retrieved 10 August 2012.
[46] “SC quashes quota benefits in promotions”. The Hindu.
28 April 2012. Retrieved 10 August 2012.
[47] “U.P.Power Corp.Ltd. vs Rajesh Kumar & Ors. on 27
April 2012”. IndianKanoon.org. Archived from the orig-
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[48] wew
[49] Omar Rashid. “Maharashtra scraps Muslim quota”. The
Hindu. Retrieved 14 June 2015.
lims in education”. The Indian Express. 5 March 2015.
Retrieved 14 June 2015.
The Indian Express. 26 November 2014. Retrieved 3
September 2015.
[52] “Why supreme court is right in denying unethical plea-
sure to Maharashtra govt -Governance Now”. Governance
Now. 18 December 2014. Retrieved 3 September 2015.
[53] “Jobs, education quota for Marathas, Muslims cleared”.
Retrieved 26 June 2014.
[54] “Maharashtra govt clears reservation for Marathas, Mus-
lims”. Retrieved 26 June 2014.
[55] “Judgement Writ Petition (Civil) No.930 of 1990 – Indira
Sawhney Versus Union of India And others (16.11.1992)"
(PDF). National Commission for Backward Classes. Re-
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[56] Office Memorandum, ncbc.nic.in, pp. 7–8
[57] “Press Information Bureau English Releases”. Retrieved
2 February 2015.
[58] http://india.gov.in/allimpfrms/allacts/3335.pdf
[59] “Chapter 3- An Assessment of Reservations (Pg 32)"
(PDF). News. Dalit Bahujan Media. Retrieved 17
November 2011.
s And Against Judicial Populism” by Arun Shourie, Pub-
lisher: Harper Collins India
14 External links
• In Andhra Pradesh State first ranker refused Spe-
cialization of his choice
• “Raising Female Leaders” J-PAL Policy Briefcase,
April 2012
• Central List of Other Backward Classes
• Why reservation for OBCs is a must. By V. B. Rawat
• The Myth of Inefficiency. By Sheetal Sharma
 9

• Radical Notes – Common School System and the

Future of India. Anil Sadgopal. (28 February
2008)(On Right to Education)

• Radical Notes – Beyond the Judiciary – Reservation

as Reparation. Saswat Pattanayak (19 April 2007)

• Critics slam India’s education quotas – BBC Article

on Reverse Discrimination in the Indian Reservation
System
• Anti Reservation official website, AntiReserva-
tion.Com
• Supreme Court Upholds 27% OBC Quota

• Reservations: Towards a larger perspective

• Anti Reservation Protest

• Computing Backward Index

• Reservation as viewed by Indian industry

• Southern record – Frontline

• Reservation policy forum article

• Examining reservation

• Reservation must for a healthy society

• Multiple Index Related Affirmative Action (An Al-
ternative Proposal)
• Reservation as viewed by a backward class propo-
nent
• Questioning Reservation

• Reservation Result
• Reservations as viewed by one OBC faculty member

• An Alternative Suggestion
• Reservations have worked in Southern States

• UP introduces voluntary reservation in private sector

• Rangnath Commission recommends 10% quota for
Muslims

• Reservation will not help Muslims, will only open

Pandora’s box
10 15 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

15 Text and image sources, contributors, and licenses

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Pitchford, Ground Zero, Old Moonraker, Atif.hussain, Bgwhite, RussBot, Gaius Cornelius, Doctorbruno, Rsrikanth05, Rak3sh, Shreshth91,
BigCow, Thiseye, Rmky87, LodeRunner, Lex Rex, Wknight94, Him indian, Closedmouth, BorgQueen, GraemeL, Wai Hong, SmackBot,
Jagged 85, Thunderboltz, Sathyan Bhrama, Chairman S., Passdoubt, Aceofspades1217, HalfShadow, Yamaguchi , Magicalsaumy, Chris
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