“RESERVATION SYSTEM IN INDIA” A BOON OR BANE

SUBMITTED TO:

___________________________

TEACHER ASSOCIATE

SUBMITTED BY:

NAME: ___________________________

COURSE: LL.M

ROLL NO: _____

SEMESTER: __

1|Page
 KURUSHETRA
UNIVERSITY
ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges, I have ever faced.
Though this project has been presented by me but there are many people who remained in
veil, who gave their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher Mr. ________________, without the kind
support of whom and help the completion of the project could not have been possible for me.
He donated his valuable time from his busy schedule to help me to complete this project and
suggested me from where and how to collect data.

I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project. I want to convey most sincere thanks to
my seniors, for helping me throughout the project.

Last but not the least, I am very much thankful to my parents and family, who always stand
aside me and helped me a lot in accessing all sorts of resources.

I thank all of them !

________________________
ROLL :- _____
SEMESTER :- ___
L.L.M.

2|Page
3|Page
 INDEX OF CONTENT
SR.N O. TITLE
1 INTRODUCTION
1.1: History of reservation system
1.2 origin of reservation

1.3 different types of reservation

1.4 impact of reservation

1.5 Constitution of provision

1.6 reservation system in other countries

1.7 case laws

1.8: Social Exclusion
1.9:(a) Importance of reservation system
1.9:(b) Advantages of reservation in India
1.9(c) Disadvantages of reservation in India
1.8: Analysis
1.9: Diagrammatic presentation
1.10: Article related to reservation in India
1.11: Argument against in India
1.12 Reason behind increasing demand of reservation
1.13 State wise percentage of reservation
1.14 Case study

2 REVIEW OF LITERATURE
3 RESEARCH METHODOLOGY
3.1: Objectives
3.2: Hypotheses
3.3: Limitations

4|Page
 3.4 Research Gap
3.5: Types of research method
3.6: Sample size
3.7: Sampling design
3.8: Data collection method
4 FINDINGS, SUGGESTION AND CONCLUSION
5 BIBLIOGRAPHY

5|Page
 1. INTRODUCTION

Reservation in Indian law provides for a quota system whereby a percentage of posts are
reserved for employment in Government and in the public sector units, and in all public and
private educational institutions, in order to diminish backwardness of the socially and
educationally backward communities and the Scheduled Castes and Tribes who do not
have adequate representation in these services and institutions.

The central government of India reserves 27% of higher education, and individual states may
legislate further reservations. Reservation cannot be exceeded 50%, as per the rulings given by
the supreme court, but certain Indian states like Rajasthan have proposed a 68 % reservation.

Now % of reservation growing day by day, each politician who represents for their caste make
“rallies and andolan” to get the share in reservation,Reservation is started as thinking to
upliftment the backward caste for next 10 years but almost 60 years are already gone but
reservation never ends, no other party or political had enough courage to raise their voice
against reservation because they leave in a hear of loosing their vote banks at the end. Simply it
matter of “kisaa kursi ka”

Reservation, in India, is a type of affirmative action that tries to allocate fixed number seats
in educational and social institutions, for various under- represented communities. It is stated as a
response to the thousands of years of discrimination done by upper caste persons in India. Thus,
when India attained independence, the constitution gave special provision for certain
communities to have a minimum representation in various fields.The initial provision was to
have ended in a few years, but the practice continues till now, and the government of India kept
on increasing the quotas that, many Institutions have more than 80% of the seats reserved for
people of various communities and other criteria, leaving very little for open competition.

6|Page
Reservations will practically pull down the mark of competence to such low levels that the basic
force of inquisitive learning is stopped at premature levels at each and every stage of learning-
school, college, university and work. Quality education takes a back seat and glory of competent
carrers will become a tale of past.

7|Page
 2. ORIGIN OF RESERVATION

The reservation policy is an age old policy being practiced in India. Its origin has its roots
scattered from the ancient times when the practice of ‘untouchability’, caste system and Varna
system was dominant in the society. In ancient times, the Hindu society was divided on the basis
of Varna, Jatis or classes and they were as follows in the descending order of their social
hierarchy- the Brahmans, the Kshatriyas, the Vaisyas and the Shudras. There was another class
of people or rather no class people known as “untouchables” or “avarna” that is who has no
class. These untouchables were considered to be impure for the society and were excluded from
the social system. They had to reside outside the village and had no social rights. In some parts
of the country such as Southern India, if even their shadow was casted on the upper-class people
then it was considered that the person has got impure. There were strict restrictions on them for
social gatherings and social life and if they violated any social norm, they were severely
punished and in some cases were even killed. The division of society on the norms of purity and
impurity was a very cruel system, and it had adverse effects on the development and growth of
these lower class people where the skill and labor of an individual were recognized merely on the
ground of him being a member of a lower caste. The epics like Mahabharata also quote of many
instances wherein a warrior like Karna was not allowed to showcase his talent merely on the
ground of him being a Shudra. He was often referred to as ‘Shudra Putra’ and humiliated
because of his caste. The then prevalent caste system was a major reason for the advent and

8|Page
advancement of the Reservation Policy in India. The idea of giving reservations to a certain class
of people originated because of the prevalent atrocities being done on the certain class of people.
To give them an equal opportunity, an equal status in society, to uplift them socially, to bring
them at par with other sections of society and moreover to bring development in the lower strata
of society, were the reasons for the adoption of Reservation Policy in India.

RESERVATION POLICY IN PRE-INDEPENDENCE ERA

The legal origin of Reservation Policy in India began with lying down of the Government of
India Act, 1919 which came during the turbulent period of World War I. During this period, the
British were more focussed on Europe rather than on India yet they passed much important and
significant legislation that aimed at the development of the Indian Territory. This Act of 1919 not
only introduced several reforms for the Indian Governmental institutions but also addressed
many issues of minorities including the formation of communal electorates. Though the system
was criticized firmly by Montague-Chelmsford as a system that could be a hindrance to the self-
development policy but because Muslims already had a communal electorate through the Minto-
Morley reform of 1909 and, therefore, they found it unfeasible to take away the separate
electorates of Muslims.

After the Act of 1919, the controversial Simon Commission came up in 1927 to scrutinize the
Montague- Chelmsford reforms. After touring the entire Indian provinces, their representatives
proposed for combining separate electorates and reserving seats for depressed classes and
demand for the wider franchise was there as the economic, educational and social position of
these depressed classes did not allow them to vote properly. To stamp and scrutinize the report of
Simon Commission and the reforms proposed by them and how to incorporate them into new
Constitution, a Round Table Conference was convened in London in 1931. There were many
Indian delegates from various interests groups. The conference was chaired by Prime Minister
Ramsay Macdonald. There were appeals for separate electorate from B.R Ambedkar but
Mahatma Gandhi strongly opposed the appeal for separate electorate for depressed classes and
because of this strong opposition from Mahatma Gandhi and Congress the issue of minority
remained unresolved in the Conference.

9|Page
After this the Communal Award and the Poona Pact of 1932 came into force wherein the Prime
Minister Macdonald announced the communal award where the separate representations were to
be provided to Muslims, Sikhs, Indian Christians, Anglo- Indians, Europeans and Dalits
Depressed classes’ were assigned a number of seats that were to be filled by election from
special constituencies in which voters belonging to the depressed classes could only vote.

The award brought in criticism from Mahatma Gandhi but was strongly supported by Dr. BR
Ambedkar and other minority groups. As a result, of the hunger strike by Mahatma Gandhi and
widespread revolt against the award, the Poona Pact of 1932 came into being which brought in a
single general electorate for each of the seats of British India and new Central Legislatures. The
stamping of the provisions of Poona Pact, 1932 were done in The Government of India Act of
1935 where reservation of seats for depressed classes was allotted. This was the scenario before
the independence of India.

10 | P a g e
 3. DIFFERENT TYPES OF RESERVATION IN INDIA

The Indian Government’s approach towards the SC/ST population has primarily been shaped by
the provisions in its Constitution which basically guarantees equality before the law, and
empowers the State to make special provisions to promote the educational and economic interest
of the SC/ST and to provide legal and other safeguards against discrimination in multiple
spheres. The Government has applied a two fold strategy which includes: (a) legal safeguards
against discrimination, (b) pro-active measures in the form of ‘reservation policy’ for state sector
and state supported sectors, and (c) policy in the form of informal affirmative action for private
sector (namely agriculture and private industry, in which more than 90 percent of the SC/ST
workers are engaged) as part of a general developmental or empowering measure. Anti-
discriminatory measures include enactment of Anti-untouchability act of 1955 (renamed as
protection of Civil rights Act in 1979) and Schedule Caste/Tribe Prevention of Atrocities Act,
1989. Under the first Act, practice of untouchability and discrimination in public places and
services is treated as offence. The second Act provides legal protection to SC/STs against
violence and atrocities by the high castes. Reservation for both SC/ST in government services,
educational institutions and political bodies like legislature also falls under ant-discriminatory,
but pro-active measures. These pro-active measures have been used to ensure proportional
participation of the SC/ST in various public domains. The reservation policy is confined to a tiny

11 | P a g e
state-run and state-supported sector, whereas the vast private sector where more than 90 per cent
of the SC/ST population workers are engaged are excluded. They therefore remain unprotected
from exclusion and discrimination. In the absence of reservation policy in the private sector, the
state has used ‘general programmes’ for economic, educational and social empowerment of the
SC/ST. The focus has been to improve the private ownership of fixed capital assets (land and
nonland), education, and improved access to social needs like housing, health, drinking water,
electricity and others. The strategy for improving or building the private ownership of capital
assets, education and social needs, which has been generally taken as a part of the anti-poverty
programme, is also used as a method of earmarking quotas in an informal manner for the SC/ST
population of the country.

3.1 Reservation in Government Sector

It is important to note that the Indian affirmative action policy is confined to government and
government aided sector of services and educational institutions; the private jobs and educational
institutions are completely excluded from the purview of the policy. Accordingly, the reservation
policy is operative mainly in three spheres: government jobs, admission to public educational
institutions and seats in central, state and local legislatures and bodies. Over a period of time, as
the government sphere expanded, so did the scope of reservations to include newer spheres like:
government housing, government spaces for shops and commercial activities and a number of
other small spheres. The most important is the reservation in government services. Article 16(A)
permits reservation in favour of backward castes and in pursuance of this provision, the
Government has made reservation for SC/ST in proportion to their share of population (See
Table 1 B). There is also reservation in promotion of employed persons. The government

12 | P a g e
services generally include government civil service, public sector undertakings, statutory and
semi-government bodies, voluntary agencies, etc. which are under the control of the Government
or receiving grant-in-aid. However, there are also certain services at the central level that do not
come within the purview of reservation policy: these prominently include the defense and the
judiciary. Reservation policy is accompanied by an array of other special provisions designed to
facilitate and enhance the probability of the reserved groups to compete for government jobs.
These include: relaxation of minimum age for entry into the service, relaxation in minimum
standard of suitability within reasonable limits (subject to required minimum qualification),
relaxation in fee, and provision for pre-examination training, separate interview for SC/ST
persons, provision of expert from SC/ST background on selection committee and others.

3.2 Reservation in Education Sector

Second important sphere of reservation is in the education sector. Article 15(4) empowers the
State to make special provisions for the advancement of the SC/STs. Under this provision, the
State has reserved seats for SC/ST students in educational institutions: in colleges and
universities, including technical, engineering and medical colleges run by the central and state
governments and government aided educational institutions. These provisions are supported by a
number of financial schemes which include scholarships, special hostels for SC/ST students,
concession in fees, grants for books, remedial coaching, etc.

3.3 Reservation in Legislative bodies

13 | P a g e
Third most important sphere of reservation is representation in the central and state legislatures.
A legislative reservation is one of the specific and mandatory constitutional provisions dedicated
to SC/STs. Under Articles 330, 332 and 334 of the Constitution, seats are reserved for SC/STs in
the central and state legislatures in direct proportion to their population size. Similarly,
reservation is provided in local level bodies at the district, taluk and village levels.
Constituencies (for the seat in parliament and state assemblies) are reserved for SC/STs in
proportion to their share in population. Thus, at the all India level, out of the total number of
parliamentary seats, 14 per cent and 7 per cent of constituencies (or seats) are earmarked for
SC/STs respectively. Only the person from SC/ST community can contest from these reserved
constituencies. For example, in 2004, of the total of 543 constituencies in the parliament, 75
were reserved for SCs and 41 for STs. The number of constituencies to be reserved is assessed in
consultation with the population census which is conducted every ten year. The same procedure
is followed at the state and sub-state level. For a constituency to be declared reserved, that
constituency must fulfill one sole criterion, i.e. the ratio of SC/ST population to the total
population in the constituency must be comparatively large. The constitutional provision for
reservation in legislative bodies for the SC/ STs is complemented by statutory provisions which
enhance political participation from the SC/ST population. For instance, they are required to
make smaller election deposits.

14 | P a g e
 4. IMPACT OF RESERVATION

In this section we will first examine the impact of the reservation policy on the employment
sector, the education sector and the legislature. Later, an attempt will be made to discuss the
status of the informal affirmative action policy in the private sector. Finally, attempt will be
made to assess the aggregate impact of both formal and informal affirmative action policies on
SC/STs by using the indicators of human development.

15 | P a g e
4.1 Employment Sector

To begin with the employment sector, there has been a striking increase in the numbers of SC/ST
government employees. In 1960, there were 2,18,000 SC employees which increased to 6,41,000
in 1991 and 5,40,000 in 2003. The corresponding increase in the percentage of SC employees to
total government employees increased from 12 per cent in 1956 to about 16 per cent in 2003 –
fairly proportionate to their percentage share in population. In the case of ST, the numbers
increased from about 3,80,000 in 1960 to 2,03,000 in 1991 and further up to 2,11,000 in 2003; a
corresponding increase in percentage from 2 per cent in 1960 to 6 per cent in 2003. Similarly, the
number of employees in public sector undertaking has increased from 40,000 in 1970 to 2,96,000
in 2003 for SC and from 12,000 to 1,38,000 for ST during the respective years. In case of
nationalized banks, the number has increased from 4,000 in 1972 to 1,43,000 in 2000 for SC and
from 400 to 43,000 for ST during the same period. The corresponding percentage has increased
from 1.89 to 13.32 per cent for SC and from 00.19 per cent to 4 per cent for ST. Similarly, the
number of SC employees in nationalized banks increased from 55,000 in 1978 (10 per cent) to
l,33,000 in 2004 (17 per cent) and for ST the number increased from 8,000 (1.5 per cent) to
44,000 (5.72 per cent). In public insurance companies the number of SC employees increased
from 14 thousands in 1993 (14 per cent) to 20 thousands (16 per cent) in 2000. The number of
ST employees increased from 5,000 (5 per cent) to 8,000 (6 per cent) during the same period. If

16 | P a g e
we take the total number of employees in three services – government, public sector undertaking
and public sector banks – we will notice that the number of employees in these three services has
increased from 7,88,000 to 9,10,000 for SCs and from 2,45,000 to 3,69,000 for STs during the
period, 1978-2004. The percentage of total employees also improved between 1978 and 2004;
from 15 per cent to 17 per cent in the case of SCs and from 4.7 per cent to 6.9 per cent in the
case of STs. If we also include the public sector insurance companies along with the
aforementioned three services, then the aggregate number of employees in the employment
sector for the year 2000 (the latest year for which comparable data is available) comes to
10,70,000 for SCs and 423,000 for STs. It may be mentioned that these do not include many
other government spheres like educational institutions and others. If we did, the absolute number
of employees in reserved seats will increase further. Thus, during the last fifty years or so, the
share of SC/STs in the government services has improved quite significantly. There are,
however, variations between different types of jobs. Generally, reservation is fairly proportionate
to the required percentage in group C and D jobs, but unsatisfactory in the case of A and B
category jobs. For effective implementation of reservation policy in jobs, the Government has
tried to developed some safeguards which include maintenance of Model Roaster for identifying
posts under reservation, separate interview of SC/ ST candidates, special office with liaison
officers to oversee Reservation policy in each office, representatives of SC/STs on selection
boards, banning de-reservation of reserved posts, banning the full exchange of posts with general
category candidates if SC/ST category are not available and other measures. However,
reservation in employment and educational institutions, fall short of the target in some categories
of jobs. There is a tendency towards clustering of reservations in certain categories of services,
departments and grades. For instance, in 2003, the lower categories of jobs, i.e. C and D grade
posts, accounted for almost 95 per cent of the total SC/ST posts under reservation in government.
Though the target in case of grade C and D jobs are fairly close to the reservation percentage
earmarked: 16 per cent for SCs and 8 per cent for STs, but in grade A and B jobs, and also in
several categories of technical and university jobs, the fulfillment of quotas fell short. Also, the
slow pace of the process of achieving reservation is a major impediment to fulfilling reservation
quotas. Implementation of reservations at the practical level faces immense resistance from
various spheres. This is reflected in the delay in making provisions, in filling up the posts and
resorting to courts for implementation. The magnitude of resistance is much intense in higher-
grade jobs and more so, in technical educational institutions. It is less in lower categories of jobs
and in admissions to institutions other than technical. Delay and resistance in provision making

17 | P a g e
and in filling up posts is particularly prevalent in the case of State aided autonomous institutions
which are required to get approval of their decision making bodies for reservation.

4.2 Education

In the case of admission in educational institutions, the availability of assessments about the
impact of reservation in higher education is limited. The limited evidence indicates that the
student enrolment has increased under reservation.. In 1981, one estimate put the proportion of
graduate students around 3.3 per cent for SCs and 0.8 per cent for STs – which is highly
disproportionate to the actual population share of SC/STs. By the late 1990’s, the proportion of
SC students to the total number of students enrolled rose to 7.8 per cent and for the STs, it rose to
2.7 per cent. This is nevertheless low if we look at the actual share of the SC/ST population to
the total population – 16 per cent and 8 per cent respectively. Hence, it is difficult to estimate
how many SC/ST students have benefited by the reservation policy. One estimate indicates that
in 1996/97, roughly 5,10,000 SC students and 1,80,000 ST students were enrolled. Of these,
roughly about 2,00,000 students from both the categories may have been enrolled in desirable
programmes in higher education where reservation matters. Weisskopf (2005) estimates
conclude that about a third of SC/ST students enrolled in universities were pursuing higher
education in desirable programmes because of the reservation policy. This implies that out of the
approximately 7,00,000 SC/ST students attending universities, only a portion of them are
enrolled into programmes of their choice; SC/STs obtain a much lower share in preferred
institutions. In many cases, despite reservation being the norm, it is accepted only in theory and
defies implementation of any sorts. Therefore, there is a substantial amount of catching up to do
in order to reach the required level of 16 per cent and 8 per cent reservation for SC/STs.

4.3 Legislature

The constitutional provisions for reservation in public sector employment and educational
institutions are mere authorizations empowering the State to make special provisions in favour of
discriminated groups. But, the legislative reservations are specifically provided in the
Constitution itself. Legislative seats in each state are reserved in proportion to the population of
SC/STs in the state. Thus, in 2004, 75 seats (13.81 per cent) of 543 seats in Lok Sabha were
reserved for SCs and 41 seats (7.55 per cent) for STs. Of the total number of seats reserved in all

18 | P a g e
the states’ legislative assemblies (Vidhan Sabhas), more than 2000 seats were reserved for SC
and STs. In the case of political reservation, two problems continue to receive attention. Firstly,
the Government has been delaying the updating of the percentage share of seats for SC/STs in
the central and state legislatures as per the recent changes in population figures. The present
allocation of seats for SC/ST is based on the population census of 1981, whereby the population
share of SCs is about 14 per cent and STs about 7.55 per cent. Whereas, according to the latest
population census of 2001, their population is about 17 per cent for SCs and 8.50 per cent for
STs. Thus, both groups continue to suffer from under-representation in central and state
legislatures. Another issue relates to the quality of representation afforded by the SC/ST
representatives in the legislative bodies. Of course, it cannot be denied that political reservation
does provide substantial quantitative presence of the SC/STs in the legislative bodies, which
would otherwise have been completely nil, if not for political reservations. Nonetheless, the
activities of SC/ST representatives are presumably microscopic and concentrated on matters that
affect these groups only. Also, their effectiveness in representing the interests of the
marginalised groups is most evident in their dealings on matters directly related to their welfare.
However, there have been studies that have made the observation that there is a problem of low
participation, less articulation, less assertiveness and less independence of SC/ST representatives
than their colleagues belonging to high castes. To the extent that the problem of quality of
representation exists, it may be attributed to the “structural constraints imposed by the
arrangement for reserved seats or the method of election under reservation” (Galanter, 1991).
Often, a legislator elected through reserved seat, especially a SC, is responsible to and dependent
upon a constituency made up overwhelmingly of non-members (or high caste members). To the
extent that the legislator is dependent on high caste vote and is thus, obliged to support them;
thus a SC legislative candidate suffers from the limitation of not being able to represent fully the
interests of SC/STs, who themselves happen to be a minority in most of the reserved
constituencies. This arrangement acts as a filter in keeping the divergent interests of these groups
from unifying and checks direct and forceful expression of their grievances and interests. It is
precisely because of this limitation of political reservation that Ambedkar had suggested an
alternative arrangement or method of election of SC/ST representatives, namely ‘separate
electorate’ as against reservation of seats. The separate electorate would have ensured the
representation of more independent and representative legislature of SC/STs in legislature.

4.4 Reservation in Private Sector

19 | P a g e
Affirmative Action Policy One of the general qualms about public sector reservation policy in
employment and admission to educational Institutions is that it applies to a tiny government and
government supported sectors and excludes a large private sector. For instance, in employment,
the reservation policy excludes private employment where more than 90 per cent of the SC/ST
workforce is engaged; with the result that there is lack of protection against practices of
exclusion and discrimination in the private sector. There is notable exclusion in the following
sectors – private industrial, services and agricultural. Similarly, the entire private owned
educational institutions are excluded from the provision of reservation policy. It is only after the
introduction of policy of privatization and back-door de-reservation of government employment
in the early 1990s that the demand for reservation in private sector has picked up. And at present,
the Government has set up Group of Ministers to develop a consensus between the Government
and the private sector for adoption of Affirmative Action Policy for private sector. The informal
type of affirmative action policy in the private sector, with a group target approach, has helped
the SC/STs to some extent. However, the net gains are limited in nature since the disparities
between the SC/STs and the non-SC/STs, with respect to the main indicators of human
development, continue. It is rather difficult to disaggregate the impact of informal affirmative
action policy, as well as, of formal reservation policy, on the human development of SC/STs.

4.5 Human Development of the Scheduled Castes and Scheduled Tribes

It is possible to look at some of the indicators of human development in order to capture the
aggregate impact of formal and informal affirmative action policies, as well as, the general
economic and social development trends. Over time, there has been a positive improvement in

20 | P a g e
the human development of SC/STs. The positive changes are reflected in the aggregate indicators
of human development – income level, employment, social needs like education and health, and
ultimately, in poverty. During 1983/84 and 1999/2000, we observed an improvement in the
monthly per capita consumption expenditure (proxy indicator for income), literacy rate and
incidence of poverty of SC/STs. As mentioned earlier, the share of SC/ST employees in
government sector has significantly improved and apparently, it had positive multiplier effects
on the social and economic situation of these two disadvantaged groups. However, it needs to be
recognized that, although there has been some improvement as reflected in some of these
indicators, improvement in relation to non SC/ST is low, or lower than the rate which is required
to bridge the gap between SC/ST and Non SC/ST groups. Hence, the disparities between SC/STs
and non SC/ST have not been reduced substantially so as to bridge the gap to a reasonable level.
Consequently, the socially marginalized groups of SC/STs lag behind the non SC/ST section of
the Indian population with respect to attaining the desirable level in human development. For
instance, in 2000, the infant mortality rate was higher among the SC/ STs as compared to non
SC/ST. Similarly, compared with non SC/ST, the literacy rate among the SC/STs is lower by 14
per cent and 21 per cent, respectively. The SC/STs’ monthly per-capita expenditure is less by
about 25 per cent and 34 per cent respectively, as compared with consumption expenditure of
non SC/ST. Again compared with non SC/ST, the incidence of aggregate poverty is 70 per cent
and about 100 per cent higher among the SC/STs respectively. The percentage of under-
nourished children among the SC/STs is higher by 23 per cent and 27 per cent, respectively.
Finally, the SC/STs’ access to public health services, compared with non SC/ST, is less by 23
per cent and 44 per cent. Thus, despite an improvement at the level of individual indicators, the
level of human development among the SC/STs as compared to non SC/ST in 2000 is relatively
lower.

21 | P a g e
 5. PROVISIONS RELATED TO RESERVATION SYSTEM IN INDIA

India’s affirmative action policy, more popularly known as “Reservation Policy”, is authored by
the provisions in the Indian Constitution which was adopted in 1950, though its initiation at the
country level dates back to the early 1930s. The two important features of the provision in the
constitution which needs to be acknowledged for the purpose of this working paper are: the
principle of “Non-discrimination and Equal opportunity” and the provisions enshrined in the
Constitution empowering the State to take steps to ensure equal opportunity. Article 16 provides
for “equality of opportunity for all citizens in the matters relating to employment or appointment
to any office under the State”. It bans discrimination, particularly in any employment or
appointment to any office under the state on grounds of religion, race, caste, sex, descent, place
of birth, residence, or any of them. In fact Article 17 abolished the institution of untouchability
which sanctified discrimination and exclusion of the erstwhile untouchables. The Article states:
“Untouchability is abolished and its practice in any form is forbidden”. Accordingly, the
Constitution empowered the state with the responsibility to ensure non-discrimination and equal
opportunity in practice. Article 46, a ‘Directive Principle of State Policy’ states: The State shall
promote with special care the educational and economic interests of the weaker sections of the

22 | P a g e
people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect
them from social injustice and all forms of exploitation. Such provisions in the constitution
relates to government services, education, political representation and others.

5.1 Government Services

The constitution provides for both appointment and promotion in the government services.
Article 16 (4) empowers the State to make “any provision for the reservation in appointments, or
posts in favour of any backward class of citizens”. Article 16 (4 A) enables the State to make
provision for reservation in matters of promotion to any group or groups of posts in the services
under the State in favour of the SCs and STs. Article 335 states: The claims of the members of
the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with
the maintenance of efficiency of administration, in the making of appointments of services and
posts in connection with the affairs of the Union or of a State.

5.2 Education

In the case of education, the provision relates to non-discrimination in educational institutions,

equal representations, and measures for educational promotions. Article 15 (4) states that
“Nothing in this article shall prevent the State from making any special provision for the
advancement of any socially and educationally backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes”. Article 29(2) provides protection for admission and against
discrimination in any educational institution maintained by the State or receiving aid out of State
funds on grounds only of religion, race, caste, language or any of them.

5.3 Political Safeguards

The constitution empowers the State to take steps to provide due representation to the SC/STs.
Various articles contains provisions for the reservation of seats for the SC/STs in the nation’s
legislative bodies in proportion to their population: Central Legislative Assembly (Article 330),
Legislative Assembly of the States (Article 332), in Municipalities (Article 243 T), in various
Panchayat (local self government) level bodies, namely, village, taluk (block) and district
(Article 243 D).

23 | P a g e
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 it was added by the
Constitution (1st Amendment) Act, 1951, as a result of the decision in State of Madras v.
Champakam Dorairajan. In this case, the Madras Government had reserved seats in State
Medical and Engineering colleges for different communities in various proportions on the basis
of religion, caste and race. The state defended the law on the ground that it was enacted with a
view to promote the social justice for all the sections of the people as required by Article 46 of
the Directive Principles of State Policy. The Supreme Court held the law void because it
classified students on the basis of caste and religion irrespective of merit. To modify the effect of
the decisions, Article 15 was amended by the Constitution (1stAmendment) Act, 1951. Under this
clause, the state is empowered to make provisions for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
After the amendment, it became possible for the state to put up a Harijan Colony in order to
advance the interest 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 provides that nothing in Article 15 or in sub- clause (g) of Clause 1 of Article
19 shall prevent the state from making any special provisions, by law, for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to admission to educational
institutions including private educational institutions, whether aided or unaided by the State,
other than the minority educational institutions referred to in Clause (1) of Article 30..

The above-mentioned amendment has been enacted to nullify the effect of three decisions of the
Supreme Court in TM Pai Foundation v. State of Karnataka, Islamic Academy v. State of
Karnataka and P.A Inamdar v. State of Maharashtra.  In T.M Pai and P.A. Inamdar case, it had

24 | P a g e
been held that the state cannot make reservations of seats in admissions in privately run
educational institutions. In Islamic Academy case, it had been held that the state can fix quota for
admissions to these educational institutions but it cannot fix fee, and also admission can be done
on the basis of common admission test and on the basis of merit. This Amendment enables the
state to make provisions for reservation for the above categories of classes in admission to
private educational institutions. The Amendment, however, keeps the minority educational
institutions out of its purview. Article 15 prohibits discrimination on the ground of religion. The
evil effect of reservation is well known. The politicians who claim to take the country to the
21st century for which higher education is based on merit is essential, is taking a retroactive step
in providing reservation to less meritorious students to private educational institutions. This
appeasement policy of the government may get them some benefit in elections, but it would be
harmful to the Nation.

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 forbids discrimination on the ground
of residence. However, there may be good reasons for reserving certain posts in State for
residents only. This article empowers Parliament to regulate by law the extent to which it would
be permissible for a state to depart from the above principle.

 Reservation for backward classes in public employment (Article 16(4))

Article 16(4) is the second exception to the general rule embodied in Articles 16(1) and (2). It
empowers the state to make special provision for the reservation in appointments of posts in
favor of any backward class of citizens which in the opinion of the State are not adequately
represented in the services under the State.

Article 17 talks about the abolition of untouchability and declares its practice in any form to be
an offense punishable under law.

25 | P a g e
The Social Security Charter of Directive Principles of State Policy under Article 39-Adirects
the State to ensure equal justice and free legal aid to Economically Backward Classes and
under Article 45 imposes a duty on the state to raise the standards of living and health of
backward classes.

Articles 330-342 talk about the special provisions for the certain class of people such as
Scheduled Castes, Scheduled Tribes, Anglo –Indians, Linguistic minorities and OBC.

26 | P a g e
 6.RESERVATION SYSTEM IN OTHER COUNTRIES

6.1 CANADA

Employment equity, as defined in Canadian law by the Employment Equity Act, requires

employers to engage in proactive employment practices to increase the representation of four
designated groups: women, people with disabilities, Aboriginal peoples, and visible minorities.
The Act states that "employment equity means more than treating persons the same way but also
requires special measures and the accommodation of differences."

The Act requires that employers remove barriers to employment that disadvantage members of
the four designated groups. The term reasonable accommodation is often used for the removal of
such barriers to employment. Examples of employment barriers are wheelchair inaccessible
buildings, or practices that make members of a designated group uncomfortable. Employers are
also required to institute positive policies for the hiring, training, retention, and promotion of
members of the designated groups. Examples of positive policies include recruitment in
Aboriginal communities, job advertisements in a Chinese-language newspaper, or an apprentice
program directed toward people with disabilities.

6.2 UNITED KINGDOM

The Equality Act 2010  is an Act of Parliament of the United Kingdom, and has the same goals
as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements.

The primary purpose of the Act is to codify the complicated and numerous array of Acts and
Regulations, which formed the basis of anti-discrimination law in Great Britain. This was,
primarily, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act
1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting
discrimination in employment on grounds of religion or belief, sexual orientation and age. It
requires equal treatment in access to employment as well as private and public services,
regardless of the protected characteristics of age, disability, gender reassignment, marriage and
civil partnership, race, religion or belief, sex, and sexual orientation. In the case of gender, there
are special protections for pregnant women. The Act does not guarantee transsexuals' access to
gender-specific services where restrictions are "a proportionate means of achieving a legitimate
aim". In the case of disability, employers and service providers are under a duty to
make reasonable adjustments to their workplaces to overcome barriers experienced by disabled
people. In this regard, the Equality Act 2010 did not change the law. Under s.217, with limited
exceptions the Act does not apply to Northern Ireland.

27 | P a g e
6.3 CHINA

In the People's Republic of China the government had instated affirmative action policies

called Youhui zhengce  when it began in 1949 and became an explicit policy in the mid-1980s.
The policies giving preferential treatment to ethnic minorities in China were modeled after those
by the Soviet Union. Three principles are the basis for the policy: equality for national
minorities, territorial autonomy, and equality for all languages and cultures. The dissolution of
the USSR was studied by China; economic inequalities and power imbalances were found to be
the cause of the collapse, and the findings led to a new policy, Law on Autonomy for Minority
Regions.

No taxes in minority regions are required to be sent to the central government; all of it can be
spent locally. Minorities receive proportional representation in local government. Higher-level
jurisdictions ask lower-level minority areas to put forth "extensive efforts to support the country's
construction by providing more natural resources" and in exchange gives them infrastructural
subsidies such as personnel training, budgetary subventions, and disproportionate public works
investments. The Chinese government encourages business to hire minorities and offers no-
interest loans to businesses operated by minorities. Prominent government posts may be filled
with "model" citizens who are also minorities. There is a system of universities exclusively for
minority students. The government established bilingual programs to help minorities
learn Mandarin Chinese. Scholars are creating alphabets for minority languages that had not been
previously written as a way of preserving those languages. The Chinese government officially
allows minority parents to have two children per family instead of the one demanded for Han
people as part of the One Child Policy.

6.5 SRI LANKA

The policy of standardization was a policy implemented by the Sri Lankan government in

1971 to rectify disparities created in university enrollment in Sri Lanka under Colonial rule. In
1972, the government added a district quota as a parameter within each language. In 1946
minister C. W. W. Kannangara introduced free education in all the government institutions in Sri
Lanka. Government funded all the money by bearing the expenses. 30% of university places
were allocated on the basis of island-wide merit; half the places were allocated on the basis of
comparative scores within districts and an additional 15% reserved for students from under
privileged districts.

6.6 TAIWAN

The Council of Indigenous, formerly known as the Council of Aboriginal Affairs, is a ministry-

level body under the Executive Yuan in the Republic of China (Taiwan). It was established to

28 | P a g e
serve the needs of the country's indigenous populations, as well as a central interface for the
Taiwan's indigenous community with the government.

The Council promotes the use and revitalization of Taiwan's aboriginal languages, supported
legislation that would grant autonomous land to indigenous peoples, strengthened relations
between Taiwan's indigenous groups and those in other countries, and raised awareness of
aboriginal cultures. Among its responsibilities, it grants recognized status to indigenous tribes of
Taiwan.

The Council has been criticized by both indigenous and non-indigenous individuals and groups.
These criticisms tend to accuse the Council of ineffectiveness, and of discriminating
against plains aborigines. After the enactment of a 2000 law which required the Taiwanese
government to either allocate time slots on public television to aboriginal culture and education
or to create a channel solely devoted to aboriginal issues, the Council began to push for a channel
to be made. In 2005, the channel was finally created, becoming the first such channel in Asia.

6.7 UNITED STATES OF AMERICA

Affirmative action in the United States is a set of laws, policies, guidelines, and administrative
practices "intended to end and correct the effects of a specific form of discrimination." These
include government-mandated, government-sanctioned, and voluntary private programs that tend
to focus on access to education and employment, specifically granting special consideration to
historically excluded groups such as racial minorities or women. The impetus toward affirmative
action is redressing the disadvantages associated with past and present discrimination. Further
impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces,
are more representative of the populations they serve.

In the United States, affirmative action tends to emphasize not specific quotas but rather
"targeted goals" to address past discrimination in a particular institution or in broader society
through "good-faith efforts ... to identify, select, and train potentially qualified minorities and
women." For example, many higher education institutions have voluntarily adopted policies
which seek to increase recruitment of racial minorities. Another example is executive
orders requiring some government contractors and subcontractors to adopt equal opportunity
employment measures, such as outreach campaigns, targeted recruitment, employee
and management development, and employee support programs.

29 | P a g e
 7. CASE LAWS

7.1 Indra Sawhney V. Union of India– The Mandal Case

The 9 Judge Constitution Bench of the Supreme Court by 6:3 majority held that the decision of
the Union Government to reserve 27% Government jobs for backward classes provided socially
advanced persons- Creamy Layer among them are eliminated, is constitutionally valid. The
reservation of seats shall only confine to initial appointments and not to promotions, and the total
reservations shall not exceed 50 percent. The court accordingly partially held the two impugned
notifications (OM) dated August 13, 1990, and September 25, 1991, as valid and enforceable but
subject to the conditions indicated in the decision that socially advanced persons- Creamy layer
among Backward Classes are excluded. However, the court struck down the Congress
Governments OM reserving 10% Government jobs for economically backward classes among
higher classes.

After the landmark Mandal case, Article 16(4-A) (through 77th Amendment) and 16(4-B)
(through 81st Amendment) were added. According to clause 4-A, nothing in this Article shall

30 | P a g e
prevent the state from making any provision for reservation in matters of promotion to any class
or classes of posts in the service of state in favour of the Scheduled Castes and Scheduled Tribes
which in the opinion of the State, are not adequately represented in the services under the State.”

Clause 4-B seeks to end the 50% ceiling on the reservation for SCs/STs and BCs in backlog
vacancies which could not be filled up in the previous years due to the non- availability of
eligible candidates.

85th Amendment Act replaces the words “in matters of promotion to any class” in clause 4- A of
Article 16 with words “in matters of promotion, with consequential seniority, to any class.”

31 | P a g e
7.2 Ashok Kumar Thakur vs. Union Of India

Ashoka Kumar Thakur v. Union of India is an Indian public interest litigation case challenging the
conclusion of the Mandal Commission that about 52% of the total population of India belonged
to Other Backward Classes classification. The National Sample Survey Organisation had
estimated the OBC segment to be 32 per cent.

In April 2006, the government decided to reserve nearly 27% of seats for students from the OBC
segment in institutes of higher learning in India. This would have reduced the seats for a general,
unreserved candidate to about 50% (after taking into account other reserved seats). The Indian
parliament passed a bill to bring out an amendment in the constitution in this regard. Thakur
challenged the validity of the amendments. On 10 April 2008, the Supreme Court of India upheld
the Government's 27% OBC quotas in Government funded institutions. The Court categorically
reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of reservation
policy and private institutions are also not to be included in. The verdict produced mixed
reactions. Several criteria to identify creamy layer has been recommended, which are as follows:

Those with family income above Rs 250,000 a year should be in creamy layer, and excluded
from the reservation quota. Also, children of doctors, engineers, chartered accountants, actors,
consultants, media professionals, writers, bureaucrats, defence officers of colonel and equivalent
rank or higher, high court and Supreme Court judges, all central and state government Class A
and B officials. The court has requested Parliament to exclude MPs’ and MLAs’ children, too.

JUDGEMENTS:

1. The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the "basic structure"
of the Constitution so far as it relates to the state maintained institutions and aided educational
institutions. 

2. "Creamy layer" principle is one of the parameters to identify backward classes. Therefore,
principally, the "Creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are
separate classes by themselves.

3. The Parliament should fix a deadline by which time free and compulsory education will have
reached every child. This must be done within six months, as the right to free and compulsory
education is perhaps the most important of all the fundamental rights (Art.21 A). For without
education, it becomes extremely difficult to exercise other fundamental rights.

4. Held that the determination of SEBCs is done not solely based on caste and hence, the
identification of SEBCs is not violative of Article 15(1) of the Constitution.

32 | P a g e
Reservation is a part of the fundamental rights guaranteed to the socially, economically
suppressed, deprived and historically disadvantaged people of India. Reservation of seats
in the legislature including Union Parliament, there is practically no dispute. Other
Backward Classes (OBC) do not enjoy any reservation of seats in the legislature. But in
the sphere of education and government services OBC do enjoy reservation. In some
States like TamilNadu, Kerala, Karnataka and Bihar, OBCs have become a dominant
force in the bureaucracy. Thus, the transience of backwardness has given rise to clash of
interests both at the political and legal level 1(Sagar Preet Hooda). Indian Judiciary has
pronounced some Judgments upholding reservations and some judgments for fine tuning
its implementations. Lots of judgments regarding reservations has been modified
subsequently by Indian Parliament through Constitutional amendments. Some judgments
of Indian judiciary have been flouted by State and Central Governments. Some of the
judgments prelude the way for future concern. In this regard, this paper tries to study the
major judgments on reservation particularly in education given by Indian judiciary in the
post-Mandal period.

Reservation, in India, is a type of affirmative action that tries to allocate a fixed number
of seats in educational and social institutions for various under-represented communities.
It is stated as a response to discrimination done by upper caste persons in India. Thus,
when India attained independence, the constitution gave special provision for certain
communities to have a minimum representation in various fields. The Constitutional
provision of reservation for socially and economically backward classes is meant to
provide access to education and jobs for the scheduled castes, scheduled tribes.

Without knowing the basics as well as important judgments regarding the reservation in
pre-mandal period is meaningless. In this regard few judgments are highlighted to
understand the reservation policy in India.

In State of Madras Vs Champakam Dorairajan2, the Court was unwilling to uphold the
validity of the Communal Government Orders of Madras Government, for the impugned

33 | P a g e
Order went against the principle of 'equality before law' enshrined in the Constitution.
There were two similar cases of admission to the Medical College and to the Engineering
College.

In Kesava vs. State of Mysore 3 (Devanesan Nesiah) the issue involved whether the
decision of the State to identify backward classes was valid, as State Government had
declared every community except Brahmin as Backward Community. The High Court
held that the State was doubtlessly the sole authority to classify the communities as
"backward classes".

In M.R.Balaji and Others Vs. State of Mysore 4 (K.L.Bhatia) the Court was trying to
keep a balance between the conflicting interests of those who would like to have as much
reservation as possible and those might lose their chance even if they are the deserving
ones. The issue in this case is about the admission to the Medical Course. According to
the petitioners, but for the reservations made by the impugned order, they would have
been
entitled to the admission in the respective colleges for which they had applied. The
impugned order was issued on 31-07-1962 and it reserved seats for candidates belonging
to the backward classes whose average of student population was the same or just below
State average. This resulted in 68 percent of seats available for admissions to the
Engineering and Medical Colleges and to the other Technical institutions is reserved for
backward classes, most backward classes, scheduled castes and scheduled tribes. The
classification of the socially backward classes of citizens made by the State, proceeds on
the consideration only of their castes without regard to other factors, which are
undoubtedly relevant. It was argued that this might lead to a virtual reservation for nearly
90% of the population, which might come under different categories of backwardness.
This would be at the expense of those classes of people whose members may perform
well but may not get an opportunity. After analyzing facts and probing the legal nuances,

34 | P a g e
the Court came to the conclusion that caste alone could not be the criterion for
backwardness. The Court also observed that reservation should not go beyond 50%.

In Ritesh R. Shah vs. Dr. Y.L.Yamul 5 the Court observed that if a candidate belonging
to the backward class got admission to a course on merit- in the instant case admission in
the Medical College - it could not be considered to be admitted against reserved category.
The apex Court instructed the Maharashtra Government that the above said directions
should be borne in mind and the rules should be made accordingly.

In Dr. Sadhana Devi v. State of U.P.6 the Government of U.P. issued a circular
dispensing with the requirement of minimum mark for the admission to Postgraduate
course in Medicine for the Scheduled Castes and Scheduled Tribes candidates. The
Supreme Court held: "The importance of merit being the only criterion for admission to
postgraduate medical courses was also emphasized in the case of Dr. Pradeep Jain v.
Union of India7 ''.

This line of inquiry need not detain us here in this case because the case of the
petitioners is not that there should be no reservation for the candidates belonging to the
three special categories mentioned hereinabove at the post- graduate level. Their
contention is that candidates belonging to the three special categories must be able to
secure the minimum qualifying marks in the admission tests in order to gain admission to
postgraduate medical courses. If they fail to secure even the minimum qualifying marks,
then the seats reserved for them should not be allowed to go waste but should be made
available to the candidates belonging to the general category. This contention must be
upheld. Otherwise, to borrow the language used in Dr. Jagdish Saran Case 8, this will be a
"national loss."

In Dr. Preethi Srivastava v. State of M.P.9 the Supreme Court considered six petitions
together. The issue was whether there could be provisions for reservation of seats in
specialty and super specialty courses in Medicine. The State of U.P. fixed the cut off
percentage of 20% marks for reserved candidates as against 45% for the general

35 | P a g e
candidates. The State of Madhya Pradesh fixed 20% for Scheduled Castes and 15% for
Scheduled Tribes and 40% for other backward Classes. According to the Court "the
disparity of qualifying marks being 20% for the reserved category and 45% for general
category is too great a disparity to sustain public interest at the level of postgraduate.
Constitution of India, Art. 16, Art.16 (4), Art.309 and M.P.Transport Department
Subordinate (Class III Executive) Service Recruitment Rules (1971), R.11 (A), R.20-
Recruitment exam. The Rule provided relaxation or passing marks to SC/ST candidates.
It was the result of a policy decision of the State Government taken in 1964 and reiterated
in 1985 and 1990 to grant relaxation in passing marks to SC/ST candidates in direct
recruitment and departmental exams. The Court was of the opinion that it would be
erroneous to hold that the decision of the Government for relaxation of passing marks for
SC/ST department candidates at the departmental examination can be applied only when
in such examination, the departmental candidates and not otherwise.

In K. Duraisamy and another v. State of T.N. 11 and others, the Government Order that
provided 50% quota for in-service and 50% for non-service candidates for admission in
the specialty and super specialty courses in Medicine was challenged. The Court held the
Order valid. According to the Court 'quota' and 'reservation' are different concepts.
Therefore, the matter does not come under Article 15 (4).

A case came before the Supreme Court where a similar notification of the Punjab
Government was challenged. In State of Punjab v. Dayanand Medical College and
Hospital the impugned notification fixed the quota of 60 per cent for in-service
candidates and 40 per cent for non- services. The Court held the notification valid. But
the Court observed that with regard to marks in the tests the State could not make any
relaxation.

But the apex Court would quash any unreasonable fixing of quota. This happened in the
case of A.I.I.M.S. Students Union Vs. A.I.I.M.S. 12 The rule regarding admission to Post-
Graduate Course in AIMS was based on the quota of institutional reservation of 33%

36 | P a g e
coupled with 50% reservation discipline-wise. This was held super reservation and hence
it infringed the equality principle of Article 14.

In Archana Reddy Vs State of Andra Pradesh, 2005, 13

the main challenge to
reservation of seats in educational institutions and of appointments or posts in Public
Services under the State to Muslim community Ordinance 2005, was that the entire
Muslim population in the State cannot be declared as socially and educationally
backward. The judgment of the court laid down that "there is no prohibition to declare
Muslims, as a community, socially and educationally backward for the purposes of
Article 15(4) and 16(4) of the constitution of India, provided they satisfy the test of social
backwardness, as stated in the judgment. Going through what is stated in the judgment,
the majority of judges held that the entire Muslim community in A.P is not a homogenous
class and that there are several groups/ classes among them. The Court approvingly
quoted the findings of N.K.Muralidhara Rao Commission, Anantaraman Commission and
the National Backward Classes Commission and cited the "People of India"

Series by the ASI & the "Encyclopedia of the World Muslims: Tribes, Castes and
Communities' ' editors N.K.Singh and A.M.Khan, on this finding. It was also held that
the condition of social backwardness which is fundamental has not been shown to be
existing in respect of the Muslim community as a whole and the High Court struck down
the ordinance/act as the identification done in this case did not indicate as to whether the
Muslim community as a whole is backward or not. The Commission respects these
observations.

37 | P a g e
1.1HISTORY OF RESERVATION SYSTEM

The reservation policy in India was adopted with a reason to uplift certain castes who
were subjugated to atrocities, social and economic backwardness due to the prevalent
dominance of caste system in Hindu Society.

This reason has somewhere lost its essence in the modern era, and the castes that should
be actually benefited are not being benefitted, and the others are reaping the benefits of
the reservation system that is actually not meant for it. Today, the reservation system has
just become a tool for politicians to gain vote banks. The recent agitation from the Patel's
of Gujarat to include them in the category of OBC was shocking for the entire nation, as
the people who were agitating to get reservations in the state of Gujarat were in no ways
socially and economically backwards.

In the State of Tamil Nadu, the reservation system proved to be a havoc for the society
wherein the Brahmans had very cleverly churned themselves down in the league of the
backward bandwagon and had gained enormously from the reservation system.

For these possible reasons, the Creamy Layer has been excluded from the list of
Scheduled Castes, Scheduled Tribes and OBC after the landmark Mandal Case.

In one of the landmark decisions of Ashok Kumar Thakur v. Union of India, Justice
Ravindran smelling the dangers from the present trend on the reservation had rightly
opined that when more people aspire for backwardness instead of forwardness, the
Country itself stagnates.

38 | P a g e
It is quite impossible to declare Reservation policy as good or bad as those benefiting
from it would always support it and declare it to be good while those who are being at a
loss because
of the system would always curse it and declare it to be bad. But what matters the most is
not that whether the reservation policy is good or bad instead what matters is the idea and
the reason behind its adoption. If that reason is losing its essence, then, of course, the
reservation policy would gradually turn out to be bad.

The political indulgence in the process of reservation has merely reduced from a noble
idea to a strategy to increase the vote bank. Moreover, a lot of criticism has been made on
the criteria of reservations. The socially and economically backward classes are not
actually in practical and real sense socially and economically backward, the only stamp
of being from a backward caste is enough to gain profits in the name of reservations.

The reservation policy is good till the point some deserving candidate is not missing upon
his opportunity because of the prevalent reservation system. I find no reason for giving
admissions to undeserving students over deserving students. If these classes of people
have been denied opportunities in past, then the scenario is being repeated with the
general class in the present. The undeserving should not reap the fruits of the labor of the
deserving.

We also need to understand that when we talk about development then simultaneously we
cannot talk about backwardness. If we would demand more and more backwardness, then
it is obvious we cannot move forward, and we will not be able to move forward, our
progress would ultimately get stagnant.

39 | P a g e
It is also important that the essence of the idea of the adoption of reservation policy
should be maintained, and the actual backward classes who are in real and not fiction
denied access to education, job opportunities etc be benefitted.

This reservation policy should not become a ladder to climb on the stairs of profit, money
and other related interests for those who are just roaming with the stamp of being a
backward class and are actually socially and economically much more stable than the
general class.
"The urge to be one among the backward will gradually lead towards the stagnation in
the development of the country.

1.2 SOCIAL EXCLUSION

This paper argues that social exclusion robs people of their "confidence" and this loss
adversely affects their capacity to function effectively. We may not be able to define
Confidence precisely but we know it when we have it and also when we lack it. In a
"Just" society, no group should unfairly suffer from a "confidence deficit" or enjoy a
"Confidence surplus". However, affirmative action policies to boost a deprived
employment rate suffers from several defects. In particular, they may have only a small
effect (as with Dalit's in India) when the group's educational base is low. Consequently,
another prong of policy could, indeed should, focus on improving the Educational
standards of Dalit's. The root of the problem of poor Dalit achievement lies in the many
dysfunctional primary and secondary schools in the villages and towns of India.
Admittedly, tackling the problem at its roots will only yield results after a long delay. Nor
does the emphasis on effective learning at school carry the glamour associated with being
a putative graduate of the Indian Institute of Technology, the Indian Institute of
Management, or the All-India Medical Institute. But, before the vast mass of
educationally and economically deprived children in India (many of whom are Dalit's)

40 | P a g e
can meaningfully enter the portals of Universities and Institutes of Higher Education they
need to go to good schools

41 | P a g e
1. Social Exclusion and Deprivation
The term "social exclusion" - meaning the process by which certain groups are unable to
fully participate in the life of their communities and the consequences. Thereof - has,
from its origins in the writings of Rene Lenoir (1974), spawned a vast and eclectic
literature as the list of things that people might be excluded from has, like Topsy, just
"growled". Silver (1995), for example, itemizes some of these: inter alia livelihood;
secure, permanent employment; earnings; property; credit; land; housing; education,
skills, and cultural capital; the welfare state. The basis on which people are excluded also
comprises a long list (see DFID, 2005): age, caste, gender, disability, ethnic background,
HIV status, migrant status, religion, sexual orientation. Such an uncontrolled proliferation
of items has invited the inevitable criticis from some experts in poverty and development
epitomized by Oysen's (1997) dismissal of social integration/exclusion as "an umbrella
concept for which there is limited theoretical underpinning". More recently, Sen (2000)
attempted to inject some rig our into the concept of social exclusion. He began by
observing that, in the tradition initiated by Aristotle, and continued by Adam Smith
(1776), poverty should properly be viewed in terms of "poor living" rather than simply
"low income". From the former perspective, poverty is a multi-dimensional concept,
embracing: low income; bad, or no, employment; illiteracy or, at best, low levels of
education; poor health and access to healthcare, and most generally, difficulty
experienced in taking part in the life of the community.1

Against this backdrop of a multi-dimensional view of poverty, Sen (2000) argued that the
function of the concept of social exclusion was not to widen or otherwise alter our
concept of poverty but, rather, to highlight the relational aspects and processes which
underpin poverty. Thus, some of the critical issues that need to be addressed before
judgement can be passed on the usefulness of social exclusion as a concept are the
following: (i) Does it contribute to our understanding of the nature and causes of poverty?
(ii) Would our understanding be different if this concept did not exist? (iii) Does it enrich
thinking about policies to alleviate poverty? In answering this set of questions, Sen

42 | P a g e
(2000) drew attention to two features of social exclusion. The first is that exclusion is a
relational concept referring to the lack of affinity between an individual and the wider
community. Second, in defining the relation between social exclusion and poverty there
is a fundamental distinction to be made between exclusion being constitutively a part of
deprivation and being instrumental in causing deprivation. In the "constitutive"
interpretation, exclusion from some (or all) aspects of social functioning in itself, and of
itself, constitutes an important aspect of deprivation. In the "instrumental" interpretation,
exclusion per se does not constitute deprivation but it is a cause of deprivation. Some
types of exclusion may be a constitutive part of deprivation but not necessarily
instrumental in causing deprivation. For example, the denial of access to the village well
to some families would not have consequences for them with respect to water supply if
these families had mains water supplied to their homes; however, being denied access
itself might constitute deprivation by robbing such families of a sense of "belonging" to
the village.2 Conversely, other types of exclusion may not be a constitutive part of
deprivation but, nevertheless, might be instrumental in causing deprivation: a denial of
credit might not be shameful per se but might lead to deprivation through an inability to
pursue business opportunities. More generally, social exclusion might have both
constitutive and instrumental importance for deprivation.

2. Social Exclusion and Confidence

So, should social exclusion be regarded as constituting deprivation even if it is not

instrumental in causing (or exacerbating) deprivation? This paper argues that it does:
exclusion robs people of their "confidence" and this loss adversely affects their capacity
to function effectively. Akerlof and Schiller (2008) define confidence as implying
behavior that goes beyond the rational; it implies behavior based on "trust": in good times
we trust that things will turn out well; in bad times, we lose that trust. The recession that
affects several countries today stems from a lack of confidence: banks have lost the
confidence to lend to each other, to companies, and to consumers. The result is a credit

43 | P a g e
crunch which has caused the economic machine to seize up. The same confidence that
affects the world economy and causes it to boom or bust also affects the behavior and
actions of people. Two persons may value an investment opportunity (say, higher
education) differently: the confident person takes an optimistic view of his future income
stream and invests; the less confident person takes a pessimistic view and does not invest.
The Solow (1956) growth model viewed output growth as dependent on: labor growth;
investment; and innovation. His central message was that long-term output growth
depended upon innovation. In the absence of innovation, diminishing returns would
ultimately reduce growth to zero.

In a similar vein, one can think of a person's achievement as depending on his: effort;
ability; and confidence. So, given a level of effort and ability, higher levels of confidence
will be associated with higher levels of achievement. Furthermore, one can think of a
confidence-achievement spiral: increased confidence lead to greater achievement and
greater achievement also leads to increased confidence. 3

A Confidence Multiplier

Keynes' great contribution to macroeconomics was the theory of the multiplier: an initial
increase in income would cause a multiple increase in national income, the process being
a transmission of income from one person to another with consumption as the instrument
of transmission. Similarly, one can propose a confidence multiplier. This relates to the
transmission of increased confidence from a small number of persons in a group to a
considerably larger number in the group. So, if there is an initial increase in confidence
of one unit, the overall increase in confidence is k^1.

The strength of the multiplier depends on the marginal transmission rate

(MTR). The MTR, which is the proportion of the initial increase in confidence that is
passed on to others, will depend on two factors: (i) the degree of interaction between

44 | P a g e
group members; and (ii) The starting level of confidence of the group. When confidence
within a group is very high, the MTR will be low: most of the initial increase in
confidence will be "saved" with very little being passed on. In the
limit, when confidence has reached saturation point, nothing will be transmitted and k=1.
Similarly, if there is little or no interaction between members of the group - or the group
consists of non-interacting subgroups - the MTR will be low. Conversely, when
confidence within a group is very low, the MTR will be high. Suppose there are K groups
in society, with confidence levels: G,„ ....,CK . Suppose that A=f(C) is the achievement
function where f(C) is concave (Fig. 1, below). If social achievement, W is the sum of
group achievements: W = f(G)+f(C2)+...+f(CK) , then social achievement (W) is
maximized when every group has the same level of confidence: G=C2=...=CK.
3. Discriminatory Bias: Equal Opportunities, and Affirmative Action

There are two sources of discriminatory bias in hiring decisions. First, as Becker argues,
a taste for discrimination makes a bigot willing to expend a cost (or forgo a benefit) to
associate with his preferred group. As applied to labor markets, a bigoted employer will
not employ workers from the disfavored group even though they are of similar quality to
workers from the preferred group; alternatively, he will assign desirable jobs to the
preferred group leaving the disfavored group to perform more onerous tasks. In contrast,
statistical or belief-based discrimination can arise when the characteristics of an
individual's group are used to evaluate his or her personal characteristics: the employer
will not employ workers from the disfavored group because he believes that, compared to
the preferred group, they are inferior workers (Phelps, 1972). Needless to say, the two
concepts are not independent: "taste based" discrimination discourages members of the
disfavored group from improving their employability qualities and paves the way for
statistical discrimination. So, even after taste-based discrimination may have been
rendered illegal, discrimination based on exogenously held beliefs lingers. In practice, the
two sources are often conflated as encapsulated by the phrase "he/she will fit in better

45 | P a g e
with our company/organizational culture". If candidates from certain groups face
discriminatory bias in hiring, then this will erode their confidence in two ways. First, they
would lose confidence in themselves and their ability to interact with society and this, on
the argument made earlier, would erode their capacity to make the best of their existing
abilities. Second, in terms of their future development, they would lose the confidence to
acquire further education and skills. In this section we develop the role of two different
sets of policies - Equal Opportunities (EO) and Affirmative Action (AA) - in reducing
discriminatory bias in hiring.

A candidate has an underlying, unobservable "quality", denoted by 9. The greater the

value of 9, the "better" the candidate. The candidate sends out a signal, s, where s is a N-
component vector: S=(SL...SN) and s is used to obtain an estimate of 9: 9*=g(s). The
quality of 9* as an estimate of 9 will depend upon the correlation between 9* and 9. In
turn, this correlation will depend upon the components of the vector s. The
presence of "irrelevant" components will corrupt the overall signal and weaken the
correlation between 9* and 9. However, the presence of "irrelevant" signal components is
not a matter of chance: it reflects discriminatory bias. For example, questions like: What
is your father's profession? Do you expect to have more children? Who will look after
your children while you are at work? all reflect a bias against particular groups of
persons. A major role of EO policies is to weed out such irrelevant and/or discriminatory
components by making it illegal to ask such questions. The entire signal-extraction
process is tightly regulated, made transparent, and placed in the public domain. There is a
tightly specified procedure for recruitment, from advertisement to interview to
appointment with a written record maintained at each stage. Unsuccessful candidates
have the right to appeal against "unfair treatment". Not only do EO policies attempt to
eliminate discriminatory bias by making it illegal, EO builds non-discriminatory policies
into the fabric of the human resource management of organizations by carrying out audits

46 | P a g e
of organizations about their Outcomes. But, it needs to be emphasized: EO is not
affirmative action because it does not impose quotas or require preferential treatment.
In contrast to EO, AA is concerned with outcomes, not processes. So, organizations are
asked to "explain" if their employment proportions of "protected" groups differ
significantly from the population proportions. In the absence of a convincing explanation,
the difference is presumed to be due to bias. For example, under the US Civil Rights Act
of 1991, any employment practice having a "disparate impact" upon women or minorities
is unlawful unless it is predicated by "business necessity". The most common way of
escaping sanctions under this Act is by having informal quotas in hiring. 4 The argument
in favor of AA is that if there was pre-legislative bias in hiring, then, prior to legislation,
groups discriminated against would lack the incentive to acquire skills. So, AA, by
removing this bias, gives these groups the incentive to skill themselves. Furthermore, AA
policies give protected groups a foot on the bottom rung of the ladder. The confidence
that this instils creates incentives to acquire the skills to climb the rest of the ladder
unaided.

4. Discriminatory Bias in Labour Markets in India

Around 18 percent of India's population are Dalits and they are persons whom "caste
Hindus", i.e. Hindus within the four-varna caste system, regard as being outside the caste
system. The most practical manifestation of this is the social stigma associated with being
a Dalit: in many instances Dalits are those with whom physical contact is regarded by
caste Hindus as "unclean". Muslims in India are also seen as "outsiders" but in terms of
being "appeased" - by being allowed to maintain their personal law while Hindus have
had to surrender theirs - by being "anti-national" and, indeed, of harbouring, abetting
and, even being, "terrorists" (Shariff, 2006). However, a major difference between
Muslims and Dalits is protection under affirmative action: in order to foreshorten the
effects of centuries of suppression, Dalits are protected under the Indian constitution by

47 | P a g e
affirmative action policies ("reservation" policies) in public sector jobs and educational
institutions and representation on elected bodies; Muslims, on the other hand, do not
enjoy any such protection.5 A striking feature of employment patterns in India is the
preponderance of Hindus in regular salaried or wage employment, Muslims in self-
employment, and Dalits in casual wage labour. The National Sample Survey (NSS) for
1999-2000 shows that of men aged between 25-45 years (i.e. prime age men): 32 percent
of "forward caste" Hindus (that is, non-SC/ST/OBC Hindus - hereafter simply "Hindus")
compared to 18 percent of Muslims and Dalits, were in regular employment; at the other
extreme, 47 percent of Dalits, compared to 24 percent of Muslims and 10 percent of
Hindus, worked as casual labourers. Nearly half of prime-age Muslim men, compared to
28 percent of Dalits, and 40 percent of Hindus, were self-employed. It should be
remembered that the Constitution of India allows for special provisions for Dalits in
terms of reserving a certain proportion of government jobs for them. Notwithstanding
these provisions, which have been in force for half a century, less than one in five Dalit
men aged between 25-44 years was in regular employment. Issues of employment cannot
be separated from concerns about employability, particular those aspects of employability
which are related to educational qualifications. The inter-group differences in
employment patterns in India, noted earlier, are reflected in the educational achievements
of the three groups. The NSS data show that in 1999-2000, over 90 percent of prime-age
Hindu men over the age of seven years were literate, compared to 67 percent of Muslims
and 67 percent of Dalits.6 At the other end of the scale, 24 percent of prime-age Hindu
men, compared to 6 percent of Muslims and 4 percent of Dalits, were graduates. Jeffery
and Jeffery (1997) argued that many Muslims regarded their relative economic weakness
as stemming from discriminatory practices in job-hiring. The belief that their children
would not get jobs then led Muslim parents to devalue the importance of education.
Differences in educational achievement between Hindus, Muslims, and Dalits could be
ascribed to differences between the proportions of children from these groups enrolled in
school. The National Council of Economic Research (NCAER), on the basis of a 1994
Survey, showed that enrolment rates of children between the ages of 6-14 were: 84 and

48 | P a g e
68 percent for (forward caste plus OBC) Hindu boys and girls; 68 and 57 percent for
Muslim boys and girls; and 70 and 55 percent for Dalit boys and girls. In terms of
reasons for non-enrolment, 23 percent of Muslim parents (compared to 16 percent of
(forward caste plus OBC) Hindus and 17 percent of Dalits) thought that education was
not important while 34 percent of Dalit parents (compared to 29 percent of Muslims and
22 percent of (forward caste plus OBC) Hindus) faced financial constraints and/or wanted
their child engaged in non-school activity. A recent analysis of school enrolment rates in
India (Borooah and Iyer, 2005) argued that sending children to school depended upon
attitudes to education of: (i) the children; (ii) their parents; and (iii) of the communities to
which they belonged. These attitudinal differences between the communities were
sharpest when the parentswere illiterate but they tended to narrow substantially, if not
disappear altogether, when literate
parents, regardless of their religious community, appreciated the value of education. Can
we explain these outcomes in terms of the relational concept of social exclusion? Sen
(2000) draws a distinction

parents, regardless of their religious community, appreciated the value of education. Can
we explain these outcomes in terms of the relational concept of social exclusion? Sen
(2000) draws a distinction between active and passive exclusion. When exclusion is
brought about through deliberate policy it is active and it is passive when it is an
unintended consequence of social processes. So, for example, the deliberate exclusion of
Dalits and Muslims from good employment represents active exclusion while their
exclusion from jobs which need better educational qualifications than they possess
represents passive exclusion.7 It is important to understand the foundations of such active
exclusion or, as it is more commonly termed, "discrimination". Thorat (2009) details
many of the ways through which Dalits are discriminated against. In the context of the
rural labour market, discrimination takes the form of denial of work as agricultural
workers (36 percent of villages practiced this), no touching while paying wages (37
percent of villages), lower wages for the same work (25 percent of villages), not

49 | P a g e
employed in house building (29 percent of villages); denial of access to irrigation
facilities (33 percent of villages); and denial of access to grazing/fishing grounds (21
percent of villages). The evidence of poor Muslim representation in key areas of public
service is also, strong: for example, the proportion of Muslims in government service in
India is only about 2% today (Engineer 2002). In 1998, there were 620 candidates
selected for the top civil service jobs in the country; only 13 of these were Muslims, of
whom 6 came from one institution, the Aligarh Muslim University (as reported in Islamic
Voice, 1998). The above observations beg the question of the sources of Dalit and
Muslim "employment deprivation": how much of this is due to discrimination (through
Dalits and Muslims being actively excluded from the labour market)? How much of this
is due to employability (through Dalits and Muslims being passively excluded from the
labour market by virtue of low levels of human capital)? These questions give rise to
another set of related queries: How much have Dalits benefited from reservation policies?
How much would Muslims benefit if they too were protected by such policies? Jobs
reservation cannot alter the employment-related attributes of Dalits but, given those
attributes, it can raise the proportion of persons from these groups who secured good
employment. An analysis of prime-aged men (Borooah et. al. 2007) showed that jobs
reservation raised the proportion of Dalits in regular employment by about 5 percentage
points: that is, in the absence of reservation - which Dalits have always enjoyed - the
proportion of prime-aged male Dalits in regular employment would have fallen from its
observed 18 percent to 13 percent. So, jobs reservation contributed less than one-third to
the low proportion of regularly employed Dalits. The same analysis also argued that
when job reservation was extended it should have been to Muslims rather than to the
OBC since the former faced much greater discriminatory bias than the latter. These
findings highlight seven flaws in affirmative action policies:

In a developing country like India, reservation has become the biggest problem. In our
country reservation is undertaken to address the historic oppression, inequality and
discriminations faced by those communities and to give these communities a place. The

50 | P a g e
system of reservation in India comprises a series of affirmative action measures such as
reserving access to seats in the various government jobs and to enrollment in higher
educational institutions. Here in our country, a fixed percentage of seats are reserved only
for categories of people largely for SC/ST. Is it not biased that the scholarships aid is
available for SCs, STs, OBCs, but only 0.6% of scholarships are on merit basis for other
categories? Where that country will go when the students of general categories with 95%
of marks didn't get the good job or a higher education but the students of SCs or STs with
40% marks gets everything like good jobs or a higher education. India is still developing
because here reservation comes in between knowledge, education, jobs, merit etc. We can
say that in our country knowledge equals reservation. Where there is reservation there is
Knowledge.

The big problem about the reservation is that the community excluded from reservation
feels animosity for those who have access to it. So, the question is should reservation be
provided to all the people of SCs/ STs? Through reservation is applicable to the poor and
rich or literate and illiterate, benefits of reservation accure for those who are already
possessing advantages such as wealth and education.Reservation is not a bad thing but its
benefits should
flow to underprivileged children.People with higher rank and higher income
professionals, as well as their children, should be barred from reservations. Anger and
aspirations of poor families also need to be addressed. At last, the reservations should be
evenly distributed to the disadvantaged section of society.

The system of reservation in India consists of a series of measures, such as reserving

access to seats in the various legislatures, to government jobs, and to enrollment in higher
educational institutions. The reservation nourishes the historically disadvantaged castes
and tribes, listed as Scheduled Castes and Scheduled tribes (SCs and STs) by the
Government of India, also those designated as Other Backwards Classes (OBCs) and
also the economically backward general. The reservation is undertaken to address the
historic oppression, inequality, and discrimination faced by those communities and

51 | P a g e
to give these communities a place. It is intended to realise the promise of equality
enshrined in the Constitution. Following are the advantages and disadvantages of the
reservation system.

1.3 IMPORTANCE THINGS OF RESERVATION SYSTEM:

If we can discriminate for thousands of years, we can still go a few hundred years without
worrying about reservations being continued too long. That said, the answer to this lies
with the elites. If there is no discrimination, the reservations will not matter and can be
removed -frankly if there is no discrimination, removing them will not create enough of a
difference for anyone to get worked up about it.

The truth of the matter is that the people who always oppose caste reservations have also
been implicated in caste crimes. The removal of reservations is just another front of
attack to strangle the rise of castes they wish to subjugate in an ongoing caste war. The
claims of equality are bullshit as you would see if you scratched even briefly under the
surface. OBC and upper caste protests to seek reservations for themselves or have them
removed were not forcing the government to do anything it didn't want to.

Political Importance-

1. They are a very good tool for winning elections.

2. By promising to increase reservation for a particular community, you can turn
them on your side.

3. You can simply give more reservation rather than making good policies for
development and people will still vote for you. (Who cares about development as long as
your caste gets more reservation.)

52 | P a g e
4. By giving reservation to a specific part of the community, you can gain their
support.

No one excludes lower castes anymore-

Well, they do, but they cannot do it on a massive scale because.... reservations. Which is
exactly why they want the reservations removed - to be able to discriminate and use the
reserved seats for elites as well.

And, even with reservations in place, stories abound of colleges keeping reserved seats
empty rather than admit dalits, college canteens with separate "thalis" for students
according to their caste, colleges with separate canteens altogether on the basis of caste
and even midday meals served in schools feeding dalit children poorer quality food or
seating them separately from the rest of the students. If they were allowed to deny
education to lower castes, make no mistake they would do it in a flash.

If you ban discrimination, you don't need caste reservations-Discrimination is already

illegal in India. In fact, so is murder. Yet court after court is acquitting self confessed
brutal mass murderers of dalits. There is no outrage, no pressure on the government to
bring them to justice, no questioning of those exposed for providing material support to
the murderers as they continue to hold positions of power. Do you really think anyone is
going to give them justice for being refused a seat?

Caste reservations keep caste discrimination alive-

This is bullshit. There are no seat reservations in college canteens that serve people
separately by caste anyway. If a college can have separate canteens for dalits, and yet
screams outrage that there is a separate admission quota for them, all I can conclude is
that they basically want the dalits to vanish and abdicate all the opportunities to the
privileged classes.

53 | P a g e
Caste discrimination is when a news organization fights to show the impunity with which
mass murderers walk free, acquitted by courts one after the other and yet, none of the
supposed equality supporting people find this an outrage enough to raise a voice for
accountability. There is no caste quota for mass murder, in case you were curious.

What about lower caste people who are already privileged? Why
should they get donations?

Feel free to create a rule that goes "people richer than XYZ must seek admissions through
the general quota" and not occupy seats meant to protect the deprived. That would be the
logical move, yes? But that will not happen, because last thing the elites want is for more
competition in their "merit". They'd rather point out to the privileged few and use it as an
excuse to deny
all.

Wake me up when this bunch of jokers points out to the richest people in India - many of
them doctors - many of them running businesses on black money that deprives the
country of its due and argue that children of doctors or otherwise rich people must pay
the real cost of education of a doctor instead of the massive state sponsorship of the
training for all. Yes? No? Why not? We're talking about people who can afford it still
using government provided benefits, right?

Well, a lot of medical students who are in "doctor families" so to say will wade through
money to reach the college, learn on massive government subsidies meant to make the
training affordable for far poorer people, and then go abroad and sell their services
cheaper than doctors there who had to invest a lot of money in their careers. Wake me up
when someone has a problem with that and goes children of the rich must pay the real
cost of education . . .

54 | P a g e
Hence, these are the importance of reservation system in India.

1.4 ADVANTAGES OF RESERVATION IN INDIA:

1. Reservations are a political necessity- In India, for giving due representation to all
sections. Reservations is a political necessity especially in India.

2.Reservation schemes do undermine the quality of education- Reservation schemes

do undermine the quality of education but still affirmative action has helped many if not
everyone from under-privileged and/or under-represented communities to grow and
occupy top positions in the world's leading industries.

3 .Reservation schemes are needed to provide social justice-Reservation schemes are

needed to provide social justice to the most marginalized and underprivileged which is
their human right.

4.Meritocracy is meaningless without equality -First all people must be brought to the
same level, whether it elevates a section or decelerates another, regardless of merit.

5.Resevation has slowed down the process of "Forward becoming richer and
backward becoming poorer" - Earlier we were living in the policy of rich becoming

55 | P a g e
richer and poor becoming poorer, but reservation has slowed down this process. Due to
reservation backward classes are getting various advantages which they were not aware
of.

6.Increase in number of people from backward sections in various decision making-

Due to reservation system in India, there is an increase in number of people from
backward sections in various decision-making processes. This has also increased the
confidence of the people from backward sections. Reservation also helps in increase in
the representation from different sections of society.
7. It has helped people from backward sections to achieve higher posts -
Reservation has helped people from backward sections to achieve higher posts or services
in the public sector as well as in some private institutions. There is an increase in modes
of income and job opportunities due to the reservation system.

8. It has encouraged the backward people to fight for justice - Reservation has
encouraged the people from Scheduled castes, Scheduled tribes and Other Backward
Classes to fight for justice and fight for their rights whenever there is violation of their
human rights. They should be aware of their rights provided by the government.

9.Meritocracy is meaningless without equality -Meritocracy is meaningless

without equality among the people. First of all people must be brought to the same level
weather it elevates a section or decelerates another regardless of merit. Meritocracy is
very important for the reservation system.

56 | P a g e
10.Reservation in Lok Sabha - There are seats reserved for Scheduled castes, Scheduled
tribes and Other Backward Classes in Lok Sabha so that they get a chance of decision
making and present their views and ideas on different aspects of society because they
have been deprived of these rights for centuries1.5 DISADVANTAGES OF
RESERVATION SYSTEM IN INDIA -

1. Reservation is similar to internal partition - Reservation system is similar to internal

partition because in addition to being a form of ethnic discrimination, it also builds walls
against inter-caste and inter-faith marriages. It also creates the differences among the
people of the country on the basis of their caste and religion. It has become caste based
instead of class based.

2.Reservations are the biggest enemy of meritocracy- Reservation is the biggest

enemy of meritocracy by offering reservation through relaxed entry criteria, we are
fueling inflation of moderate credentials as opposed to the promotion of merit based
education system, which is the foundation of many progressive countries. Meritocracy
should not be polluted by injecting relaxation of entry barriers, rather should be
encouraged by offering financial aids to the underprivileged although deserving
candidates only. Today the IITs and IIMs hold a high esteem in the global scenario due to
their conservation of merit.

57 | P a g e
3.Caste Based Reservation only perpetuates the notion of caste in society, -
Caste based reservation only perpetuates the notion of caste in society rather than
weakening it as a factor of social consideration, as envisaged by the constitution.
Reservation is a tool to meet narrow political ends, by invoking class loyalties and
primordial identities.

4.Affirmative Action can be provided- Affirmative action can be provided at a

more comprehensive level taking into account various factors of exclusion such as caste,
economic conditions, gender, kind of schooling received etc. A comprehensive scheme of
Affirmative Action would be more beneficial than reservations in addressing concerns of
social justice.

5.The benefits of reservation policy have largely been appropriated- The benefits
of reservation policy have largely been appropriated by the dominant class within the
backward castes, thereby the most marginalised within the backward castes have
remained marginalised. It has been observed that mostly the beneficiaries of reservation
have been the children of the highest paid professionals and high rank public officials.

6.Poor people from "forward castes" do not have any social or economic
advantage-Poor people from forward castes do not have any social or economic
advantage over rich people from backward caste. In such a case, discriminating against
the "forward caste" goes counter to the logic of reservation. It would create another
"backward class" some years down the line. This 'perceived' injustice breeds frustration
and apathy in the society. The recent protests demanding quotas by some of the forward
castes, in Gujarat and Rajasthan, is the testimony to this fact. For example, in Tamil

58 | P a g e
Nadu, forward castes were able to secure only 3% of total seats (and 9% in Open
Competition) in professional institutions at Undergraduate level as against their
population percentage of 13%. This is a clear case of reverse discrimination.

7.Divides people and creates agony and rages among themselves-Reservation

system divides people and creates agony and rages among themselves.These fights lead
to differences among the opinions of the individuals and the outcome is worst.
8.Castes are given preference instead of merits -Under reservation system castes
are given more preference instead of merits.Reservation has become more of caste system
than class system or based on economic condition.As more preference is given to castes
than merits many people don't get what they should,their hard work is not considered

9.Narrows the scope of general category people- Reservation system is only

beneficial for Scheduled caste,Scheduled tribes and Other Backward Class.The people
from general category do not get any kind of advantages or benefits from the reservation
system.As we know that 50% of seats are reserved for SC,ST and OBC people so the
general category people though doing hard work do not get what they want and this
lowers their confidence.

10.Ill-treatment to reserved employees and students-Due to reservation system

there is ill-treatment done to reserved employees and students.They are being ruled by
scheduled castes,scheduled tribes and backward classes people.This decreases their
morale as being more deserving than the SC,ST and OBC they have to work under them.

1.4 ANALYSIS:
59 | P a g e
• The issue of reservation has remained a cause of disagreement between the reserved
and the non- reserved sections of the society.
While the unreserved segments, keep on opposing the provision, the neediest sections
from within the reserved segments are hardly aware about how to get benefited from the
provision or even whether there are such provisions.
• On the contrary, the creamy layer among the same segment is enjoying
special privileges in the name of reservation and political factions are supporting
them for vote banks.
• Reservation is no doubt good, as far as it is a method of appropriate positive
discrimination for the benefit of the downtrodden and economically backward Sections of
the society but when it tends to harm the society and ensures privileges for some at the
cost of others for narrow political ends, as it is in the present form, it should be done
away with, as soon possible.
It is time we address the challenge of reservations honestly, openly, fairly and
innovatively. We cannot bury our heads in the sand forever like an ostrich

1.5 DIAGRAMMATIC PRESENTATION:

Explanation of diagram:
A vacancy reserved for SCs or STs or OBCs cannot be filled by a candidate other than an
SC or ST or OBC candidate, as the case may be.
As seen from the above diagram, about 60% of seats are reserved in India - for
various sections like ST, SC, OBC, and EWS - with respect to Government jobs and
Higher Education Institutions. 3% of seats are also reserved for differently-abled persons
across all categories.

60 | P a g e
This also means that only 40% of seats are available under merit. In the merit seats,
not only the general category candidates but all other categories like SC, ST, OBC, and
EWS can also compete.

SC/ST Reservation

The objective of providing reservations to the Scheduled Castes(SCs), Scheduled Tribes

(STs) in services is not only to give jobs to some persons belonging to these
communities. It basically aims at empowering them and ensuring their participation in the
decision-making process of the State.

Besides, the state is also keen to end practices such as untouchability.

Scheduled Castes (SC) are given 15% quota in jobs/higher educational institutions while
Schedule Tribes (ST) are given 7.5% quota in jobs/higher educational institutions.

Reservation is provided not only with respect to direct recruitment but also with respect
to promotions for SC/ST category (Article 16(4A)).

There is no concept of 'creamy layer' with respect to SC/ST reservation. This means that
irrespective of the income status or the government posts held by the parents, children of
SC/ST parents will get SC/ST Reservation.

OBC Reservation

61 | P a g e
Reservation for Other Backwards Classes (OBC) was introduced based on the Mandal
Commission Report (1991). The quota for OBCs is 27% in government jobs and higher
educational institutions.

However, there is a concept of 'creamy layer' with respect to the OBC reservation. Only
those from OBC who come under Non-Creamy Layer would get OBC reservation.

The creamy layer concept brings income and social status as parameters to exclude some
of the privileged members of OBC from the extent of reservation. This concept also
keeps a check to ensure that the benefits of reservation do not get extended to subsequent
generation

62 | P a g e
EWS Reservation

The Central Government of India recently introduced EWS Reservation. 10% quota is
provided for the Economically Weaker Sections (EWS) among General Category
candidates in government jobs and educational institutions. This is done by adding
clauses for the same in the Indian Constitution (103rd Constitution Amendment Act,
2019).Part XVI deals with reservation of SC and ST in Central and State legislatures.
1.6 ARTICLES RELATED TO RESERVATION IN INDIA:

• Article 15(4) and 16(4) of the Constitution enabled the State and Central
Governments to reserve seats in government services for the members of the SC and ST.
• The Constitution was amended by the Constitution (77th Amendment) Act,
1995 and a new clause (4A) was inserted in Article 16 to enable the government to
provide reservation in promotion.
• Later, clause (4A) was modified by the Constitution (85th Amendment) Act,
2001 to provide consequential seniority to SC and ST candidates promoted by giving
reservation.
• Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which
enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in
the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total
number of vacancies of that year.
• Article 330 and 332 provides for specific representation through reservation of
seats for SCs and STs in the Parliament and in the State Legislative Assemblies
respectively.
• Article 243D provides reservation of seats for SCs and STs in every Panchayat.
• Article 233T provides reservation of seats for SCs and STs in every
Municipality.
• Article 335 of the constitution says that the claims of STs and STs shall be taken
into consideration constituently with the maintenance of efficacy of the administration.

63 | P a g e
64 | P a g e
1.7 Argument Against Reservation

• Reservation in state services led to divisions and enmity among government

employees, vitiating the atmosphere at the workplace.
• Eradication, not perpetuation of caste was the objective of the reservation policy
but Caste Based Reservation only perpetuated the notion of caste in society.
• Reservation was introduced to ensure that the historically underprivileged
communities were given equal access to resources but irrespective of the economic
progress they continue to remain socially disadvantaged.
• Reservation destroys self-respect, so much so that competition is no longer on to
determine the best but the most backward.
• Reservations are the biggest enemy of meritocracy which is the foundation of
many progressive countries.
• It has become a tool to meet narrow political ends through invoking class
loyalties and primordial identities.
• The dominant and elite class within the backward castes has appropriated the
benefits of reservation and the most marginalized within the backward castes have
remained marginalized.
• Reservation has become the mechanism of exclusion rather than inclusion as
many upper caste poor's are also facing discrimination and injustice which breeds
frustration in the society.
1.8 Reasons Behind Increasing Demands of Reservation

• Reservation is increasingly seen as a remedy for the adverse effects of ill-

thought out development policies.
• In developed states like Haryana, Gujarat and Maharashtra, in spite of their
economies being relatively better, three things have been worrying the people:

65 | P a g e
o Acute agrarian distress,

66 | P a g e
o Stagnation in employment growth and
o Distortions in the development trajectory.
• In this backdrop, for governments, it is easier to talk of reservation than to make
a course correction.
• Increasing reservation demands among upper castes also arising from the fear of
losing privilege and the inability to cope with change
• Upper castes have begun to feel disadvantaged especially in context of
government jobs as they don't get similar advantages like backward class.

1.9 STATE WISE PERCENTAGE OF RESERVATION IN INDIA

In central-government funded higher education institutions, 22.5% of available seats are

reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs,
15% for SCs).[21] This

reservation percentage has been raised to 49.5%[21] by including an additional 27%

reservation for OBCs.

This ratio is followed even in Parliament and all elections where a few constituencies are
earmarked for those from certain communities (which will next rotate in 2026 per the
Delimitation Commission).

The exact percentages vary from state to state:

• In Haryana, the reservation is 20% for SCs, 30% for backward class(50%
total), based on local demographics.
• In Tamil Nadu, the reservation is 18% for SCs, 1% for STs, 30% BC and
20%MBC (69% total) based on local demographics

67 | P a g e
• In Jharkhand, the reservation is 11% for SCs, 27% for STs and 22% OBC
(60% total) based on local demographics.
• In Maharashtra, the reservation is 16% for SEBCs, 19% OBCs, 13% for SCs and 7%
for STs,2% SBC, Nomadic Tribes(A,B,C,D) NT-A(vimukta jati)-3% , NT-B -2.5%, NT-
C (Dhangar)-3.5% ,NT-D (vanjari)-2% (68% total) based on local demographics
• In Karnataka, the reservation is 15% for SCs and 3% for STs, 32% OBC (50% total)
based on local demographics
• In Kerala, the reservation is 8% for SCs and 2% for STs, 40% OBC (50% total) based
on local demographics
• In Uttar Pradesh, the reservation is 21% for SCs and 2% for STs, 27% OBC (50%
total) based on local demographics
• In Bihar, the reservation is 15% for SCs and 1% for STs, 34% OBC (50% total) based
on local demographics
• In Madhya Pradesh, the reservation is 16% for SCs and 20% for STs, 14% OBC (50%
total) based on local demographics
• In Rajasthan, the reservation is 16% for SCs and 12% for STs, 26% OBC (54% total)
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, 27% of educational institutes and government jobs are reserved
for OBCs, 33.33% for women, 15% for SCs, 6% for Sis. JL J

• In West Bengal, 35% of educational institute seats and government jobs are reserved
for SC,
S T, and OBC (22% SC, 6% S T, 7% for J OBC A & BL J). In West Bengal there is no
reservation on religious basis but some economically and educationally backward
Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver

68 | P a g e
etc.) have been included along with their Hindu in OBC list namely OBC A and OBC B,
in both lists caste from both communities are there. But in higher educational institutes,
till now there is no reservation for the OBC community but there is reservation in regard
to admission in primary,

J ii- i j , j- [241[251
secondary and higher secondary studies.
1.10 CASE STUDY

Right to Equality is one of the basic fundamental rights that the constitution of India
guarantees to all the citizens of the country. Article 16 deals with the equality of
opportunity in matters of public employment. Equal opportunity is a term which has
differing definitions and there is no consensus as to the precise meaning. The
Constitution of India has given a wide interpretation of this article. Equal Employment
Opportunity (EEO) principles apply to:

• Access to jobs
• Conditions of employment
• Relationships in the workplace
• The evaluation of performance and
• The opportunity for training and career development. [i]

"Article 16 is an instance of the application of the general rule with special reference to
the opportunity of appointments under the State. It says that there shall be equality of
opportunity for all citizens in matters relating to employment or appointment to any
office under the State.

"If it stood alone all the backward communities would go to the wall in a society of
uneven basic social structure; the said rule of equality would remain only a utopian
conception unless a practical content was given to it. that is why the makers of the
Constitution introduced clause (4) in Art. 16.
69 | P a g e
"The expression "nothing in this article" is a legislative device to express its intention in a
most emphatic way that the power conferred thereunder is not limited in any way by the
main provision but falls outside it. It has not really carved out an exception but has
preserved a power untrammelled by the other provisions of the Article."[ii]

What Article 16 guarantees is equality of opportunity in matters of appointment in State

services. Equality of opportunity connotes that every citizen shall be eligible for
employment or appointment to any office under the State according to his qualifications
and capability, as held by the Supreme Court in State of J. & K. v. K. V.N. T. Kholo[iii],
AIR 1974 S.C. Article 16 therefore does not prevent the State from prescribing the
necessary qualifications and selective tests for recruitment of government services.
DETAILED DISCUSSION ON ARTICLE 16:

Equality of opportunity in matters of public employment.-

(1) There shall be equality of opportunity for all citizens in matters relating to
employment or
appointment to any office under the State. The rule applies only in respect of employment
or
offices which are held under the state. i.e., the person holding office as subordinate to the
state. The clause accordingly, does not prevent the state from laying down the requisite
qualifications for recruitment for government services, and it is open to the authority to
lay
down such other conditions of appointment as would be conducive to the maintenance of
proper discipline among the servants.

The qualification pointed may, besides mental excellence, include physical fitness, sense
of discipline, moral integrity and loyalty to the state.[iv]The expression ' Matters relating
to employment and appointment' must include all matters in relation to employment both

70 | P a g e
prior and subsequent to the employment which are incidental to the employment and
form parts of the terms of the conditions of the such employment [v].

Thus the guarantee in clause (1) will cover the (a) initial appointments, (b) Promotions,
(c) Termination of employment, (d) Matters relating to the salary, periodical increments,
leave, gratuity, pension, Age of superannuation etc. Principle of equal pay for equal work
is also covered in section 16(1). In the light of the case of M Thomas v State of
Kerala[vi], Justice V.R Krishna Iyer, rightly pointed out that the experience of
reservation in practice showed that the benefits were, by and large, snatched away by the
top creamy layer of the backward classes or classes, thus keeping the weakest amongst
weak always weak and leaving the fortunate layers to consume the whole cake.
Substantially lightened by the march of time, measures of better education and more
opportunities of employment.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of
birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State. The prohibited grounds of discussions are religion,
race,
caste, sex, descent, place of birth, residence, or any of them. The Words, any employment
or
office under the State make it clear that Article 16(2) also applies only to public
employment.

In K.C. Vasanth Kumar v. State of Karnataka[vii1, AIR 1985 S.C. 1495, the Supreme
Court has suggested that the reservations in favor of backward classes must be based on
the mean test. It has been further suggested that the policy of reservations should be
reviewed every five years or so and if a class has reached up to that level where it does
not need the reservation. Its name should be deleted from the list of backward classes.

71 | P a g e
Supreme Court in Indira Sawhney & Ors. v. Union of India[viii1 (AIR 1993 SC 477)

1. Upheld Implementation of separate reservation for other backward classes in

central government jobs.
2. Ordered to exclude Creamy layers of other backward classes from enjoying
reservation facilities.
3. Ordered to restrict reservations within the 50% limit.
4. Declared separate reservations for economically poor among forward castes as
invalid.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such employment
or appointment. M R Balaji v Mysore[ix] AIR 1963 SC 649 Court put 50% cap on
reservations in almost all states except Tamil Nadu (69%, under 9th schedule) and
Rajasthan (68% quota including 14% for forward castes, post-Gujjar violence 2008) has
not exceeded 50% limit. Tamil Nadu exceeded the limit in 1980. Andhra Pradesh tried to
exceed the limit in 2005 which was again stalled by the High Court.

(4) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favor of any backward class of citizens which, in
the opinion of the State, is not adequately represented in the services under the State.

The scope of Article 16 (4) was considered by the Supreme Court in Devadasan v. Union
of India[x], AIR 1964 S.C. 179. In this case "carry forward rule" made by the
Government to regulate the appointment of persons of backward classes in government
services was involved.

72 | P a g e
The Supreme Court struck down the "carry forward rule" as unconstitutional on the
ground that the power vested in the government cannot be so exercised so as to deny
reasonable equality of opportunity in matters of public employment for the members of
classes other than backward classes. In this case, the reservation of posts to the members
of backward classes had exceeded 50% and had gone up to 68% due to "carry forward
rule."

The Supreme Court held that each year of recruitment must be considered by itself and
the reservation for each year should not be excessive so as to create ma monopoly or
interfere unduly with the legitimate claims of the rest of the society. So the court held that
reservation should be less than 50%, but how much less than 50% should depend upon
the prevailing situations.[xi]S. Rly. v. Rangachari[xii]AIR 1962 SC 36, State of Punjab v.
Hiralal[xiii] 1970(3) SCC 567, Akhil Bharatiya Soshit Karamchari Sangh (Railway) v.
Union of India[xiv](1981) 1 SCC 246 Reservation of appointments or posts under Article
16(4) included promotions.

This was overruled in Indira Sawhney & Ors v. Union of India AIR 1993 SC 477 : 1992
SCC 217 and held that Reservations cannot be applied in promotions.

(4A) Nothing in this article shall prevent the State from making Provision for reservation
in matters of promotion, with consequential seniority, to any class or classes of posts in
the services under the State in favor of the Scheduled Castes and the Scheduled Tribes
which, in the opinion of the State, are not adequately represented in the services under the
State.

This clause does not affect the decision as regards other backward classesbut makes it
inapplicable to the scheduled castes and the scheduled tribes. Justifying reservations for
the Scheduled Castes and Scheduled Tribes candidates in the promotion, the Court had at
one point held that even their seniority acquired by the promotion of the general class
candidates could not be affected by the subsequent promotion of the general class
candidates. S. Vinodkumar vs. Union of India[xv] 1996 6 SCC 580 Relaxation of

73 | P a g e
qualifying marks and standard of evaluation in matters of reservation in promotion was
not permissible.

(4B) Nothing in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year in accordance with
any provision for reservation made under clause (4) or clause (4A) as a separate class of
vacancies to be filled up in any succeeding year or years and such class of vacancies shall
not be considered together with the vacancies of the year in which they are being filled up
for determining the ceiling of fifty per cent. Reservation on the total number of vacancies
of that year.

(5) Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination. UOI v/s. S.
Kalugasalamoorthy[xvi] held that when a person is selected on the basis of his own
seniority, the scope of considering and counting him against reserved quota does not
arise.

CONCLUSION:

The slogan "equality of opportunity" commands wide allegiance among the members of
contemporary societies. Under scrutiny, equality of opportunity divides into several
different ideals, some of them being opposed rivals. It is controversial which of these
ideals, if any, are morally acceptable, and which, if any, should be coercively enforced
The ideal of a society in which people do not suffer disadvantage from discrimination on
grounds of supposed race, ethnicity, religion, sex, sexual orientation is widely upheld as
desirable in itself. For many, the ideal is more compelling than any argument that might
be offered to support it as requirements of justice.
2. REVIEW OF LITERATURE
74 | P a g e
In the last few decades, social scientists have given attention to study the different aspects
of backward classes. A large number of studies have been undertaken on the various
aspects of backward classes. The dominant issues and themes discussed in these studies
are as follows:

(i) Affirmative Action and Backward Class

Singh (1996) in his book "Reservation Policy for Backward Classes" defines the term
OBC on the basis of their traditional occupations. To deal with the problems of
reservation policy he says; different states have their own classification of backward class
categories. Singh and Bal (1996) in their book entitled "Strategies of social change in
India" writes that how reservation provides the better chances to improve the social status
and how the reputed government jobs provide a source of rapid social mobility and status
enhancement. Prasad (1997) in his study 'Reservation Justice to OBC' presents the full
picture of Mandal Report, critique of the two national BC commissions, Govt,
commitment or otherwise to implement the measures ensuring reservation Justice to
OBC's.

(ii) Hierarchy and Mobility

75 | P a g e
Most of the village studies in India tell about change in occupational structure whatever
remains today is a however, largely the result of difference among castes in their
educational attainment. Dube (1975) in his study, "Social
Mobility among the Professions" of Gorakhpur (Uttar Pradesh). Sivaram and Bhaskar
(1991) conducted a study entitled, "Occupational Mobility among the Mangalies
(Barbers) in Proddatur town of Cuddapah district, Andhra Pradesh". The main factors
which bring out change in their traditional occupations were urbanization and
industrialization. Wankhede (1999) in his study entitled "Social Mobility and Scheduled
Castes" finds a correlation between education and mobility. Naudet (2008) in his article
'"Paying back to society: 'Upward social mobility among Dalits' ', told a most salient
feature of upwardly mobile Dalits in the private sector compared to civil servants and
scholars in a strong tendency to hide caste background. A majority of the backward class
repose faith in statement. "Reservation guarantees minimum share."

(iii) Backward Castes Politics

Shah (2002) in his study 'Caste and Democratic Politics' observed that the caste system is
sui generis of the social structure in the Indian subcontinent in general and of Hindus in
particular. In this system group identity supersedes individual identity. The position of
Jati and social group to which he or she belongs. The caste system legitimates and
perpetuates hierarchy and inequality based on birthJaffrelot (2002) in his book, "India's
Silent Revolution: The Rise of the Lower Castes in North India", discusses the rise of the
lower castes in north Indian politics and told that in the last decade power gradually
transferred from 'upper caste elites to various subaltern groups'.

(iv) Social Exclusion and Caste Politics

76 | P a g e
Kothari (1970) in his book "Caste in Indian politics' ' offers a theoretical framework to
understand the role of caste in the modern democratic political system. He adopted the
liberal democratic theoretical approach to study the changing nature of the caste in the
age of electoral politics. He observes that the
democratic politics will not operate in the vacuum, but require a social base. In this work
there are number of essays on political mobilization of various castes in various states in
the country, such as the Nadars in Tamil Nadu, factions between Kammas and Reddys in
Andhra Pradesh, the Kshatriya Mahasabha in Gujarat, and other essays.

(v) Social Movements and Backward Classes

"Social Movements and Social Transformation: A study of two Backward Classes

Movements'' is a significant work of Rao (1979) who studied two backward castes
movements such as Sri Narayana Dharma Paripalana Movement (SNDP) movement in
Kerala and Yadava movement in Bihar in particular and north India in general. These two
communities are highly successful in terms of education, employment, economy, politics
and culture in the post-independent period. In his work "Social Change in India
Kuppuswamy (1990) studied the tensions between higher and lower castes in Madras
state.
3. RESEARCH METHODOLOGY

Methodology is a research strategy that forms the structure of the project to be

undertaken and also helps in identifying the method to be used. Methodology and Method
are two different concepts. Methodology is a systematic and theoretical analysis of the

77 | P a g e
methods being used in surveys, interviews etc. Methods and Methodology are not
interchangeable with each other. They are very different concepts.

Methodology explains how a research is to be carried out, how to find information and
how is to be interpreted. Generally, methodology means branch of knowledge which
forms the base of any research.
AIMS AND OBJECTIVES AIMS OF THE STUDY:
The objectives are designed to have a particular direction to the study like what aspect of
the topic is going to be studied. A topic can be studied from various parameters, the
objectives designed for a project gives an idea that in what manner the topic is studied,
what is the flow of project, what are the variables selected for the projected.

78 | P a g e
3.1: OBJECTIVES OF THE STUDY

1. To understand the problems of reservation in India.

2. To identify the common problems of representing members of backward class.
3. To study the benefits of reservation system in India.
4. To find disadvantages of reservation system in India.

3.2: HYPOTHESIS OF THE STUDY:

Hypothesis is referred to as the presumptions made by an individual to study the research

project. These presumptions are made in a way to satisfy the objectives framed for the
project.
Framing of hypotheses is an important part of the research as in this step the research
problem or the problem statement is designed on which the entire research is based.

The hypothesis or the research problem of the study is designed in such a manner to find
out the relationship between the variables, i.e. does the effect on has any impact on the
other. We can also say that the following hypothesis will let us know how closely they
are correlated with each other.

Hypothesis: -

H0: - There is no problem in the reservation system in India.

H1: - There is a problem with the reservation system in India.

79 | P a g e
3.3: LIMITATIONS OF THE STUDY

Limitations of a research project arise when there are uncontrollable variables which are
harder to be brought in control. This reduces the accuracy of results.

• The research was carried out in a short period of time which was also limited to
geographical locations.

• The sample size was small i.e. fifty respondents. By increasing the number of
respondents, the study would have been more accurate.

• The scope of discussion was limited as a very in-depth study was needed in every
colleges. This helps in finding accurate solution.

• The interpretation of this study is based on assumptions that the respondents have
given answers very accurately and honestly.

• Students being reluctant to answer the survey can affect the validity of the research.
3.4: RESEARCH GAP

When it is said that "we attempt to bridge the gap between two issues" it means efforts
are to be taken to solve the problem and trying to solve it by giving a conclusion which
has not been previously found. The above given diagram is the research gap that has
framed the current topic.

There are gaps to be addressed. Perceptions of industries, one of the vital stakeholders of
higher education, on criteria for quality of students were not studied so far and the

80 | P a g e
 perceptions of all stakeholders, namely industries, faculty, student and alumni on the
criteria for quality of faculty were also completely ignored. The perception of alumni on
the quality of higher education is yet to be found and compared with the perceptions of
students. But the stakeholders' perceptions on quality of faculty are very crucial to
improve the quality of higher education. The perception gap between all stakeholders
were not studied and analyzed. Assessment bodies have dealt with the parameters for
quality of whole institutions, but not adequately focused on the quality criteria of students
and faculty. Hence the purpose of this investigation is to examine the perceptions of
quality criteria for students and faculty by a broad range of stakeholders. The
stakeholders are faculty, students, alumni and industries. Quality of higher education
cannot be achieved without knowing the perceptions of stakeholders and their perceptual
divide. .As the higher education system is undergoing a colossal change, with
privatization and globalization of education, this study will aid the development of the
system by bringing in a socially relevant tool and suggestions to the policy makers which
will enhance the quality of higher education institutions in India.

3.5: TYPES OF RESEARCH METHOD

The research method used in project varies upon the topic that is being studied. The
research topic and the research method go hand in hand. Some types of research methods
are: -

• QUANTITA TIVE RESEARCH -

Quantitative research is applied to solve problems using numbers. This research puts an
emphasis on solving problems through collection of numeric data, interpreting the data
and drawing the conclusion from them.
• QUALITA TIVE RESEARCH -

81 | P a g e
 Qualitative research is applied using words, feelings, emotions, non-numeric data
which is not actually quantifiable. The data and information used in qualitative research
cannot be interpreted using mathematical equations and formulas.

• EXPLORA TORY RESEARCH -

Exploratory research is the research that is conducted for the first time. To study this research
there is no ROL and is purely based on primary data collection. This research is applied
when some topic is being studied for the first time. It is loosely structured and there is no
need for the testing of hypotheses.

• EXPERIMENTAL RESEARCH -

Experimental research is the type of research that is done on a continuous basis. This is to find
something new in the field being researched. This research takes place in fields such as
that of I.T, Medicine, Construction, Agricultural, Science etc. This is to find a solution to
the never ending problems and also to upgrade and update the existing sectors.

• APPLIED RESEARCH -

Applied research is the research that is based on existing applications. It helps in

eliminating the theory by adding the basics of principles. It works on the assumption that
there is no change in variables. It is also known as action research.

• ANALYTICAL RESEARCH

82 | P a g e
Analytical research is the research where the researcher uses the pre- defined facts and
information and analysis them in order draw critical conclusions of the research.

83 | P a g e
• DESCRIPTIVE RESEARCH -
Descriptive research is the in-depth study of the topic being researched. It is studied by
taking "Review of literature" as a base to see what has already been studied and what
conclusions have already been derived from them. The method is usually used to study
the characteristics
of the topic being researched. Descriptive Method is most commonly seen in research
related to social science, finance etc.

Our research is also based on Descriptive Method. It helps us to know the qualitative and
quantitative aspect of the study. It is used because the topic is being studied only to
understand the concept and the problem it faces. However, my research also studies
Review of Literature which acts as a base for Descriptive Study.

3.6: SAMPLE SIZE

Sample size determination is the process of choosing the number of

respondents/observations to include in a statistical sample. It is an important feature of a
research study because on the basis of sample size data collected and interpreted to give
accurate and appropriate results.

The correct and appropriate sample size is said to give more accurate results. For
example, in a census, data is collected from the entire population. Therefore, the sample
is equal to the population of the country. Keeping in mind the rate of non-response and
non-availability of respondents, the sample size was taken between 25-50 students from
different colleges. It was a random sampling method that was considered to decide the
sample size.

84 | P a g e
Due to the sample size being small there may be slight inaccuracy of data that can be
rectified by further study.

3.7: SAMPLING DESIGN:

The sampling designs are manly classified into two types: probability and non-
probability sampling. Probability sampling is then divided into simple random sampling,
stratified sampling, systematic sampling, and cluster sampling. Random sampling method
means the sampling technique where we select a group of project to study a larger group.
Each individual is selected on chance and each member has an equal chance of being
included in sample. The main goal of random sampling is to get a sample which is
representative of the larger population. The importance of random sampling is to draw
conclusion from the results of a study. However, in random sampling the object may not
necessarily have an equal chance of being chosen. Random sampling helps to eliminate
bias by giving all the individuals an equal chance to be chosen.
For the purpose of this research, I have used the „Probability Random sampling" method.
The reason for selecting the random sampling method is that my sample size is small and
a fixed set of questions were asked to everyone, hence there is uniformity in the data
collected. Therefore, random sampling is used as there will be no bias result obtained
from the data, which is the most important aspect of random sampling. The sample
population selected for the research is undergraduate commerce students of Mumbai
University.

85 | P a g e
it is necessary to have some of the secondary information which is collected through
publications such as textbooks, magazine, articles, book reviews, commentaries,
encyclopedias, almanacs, and from the internet, etc. .

The present study is based on both sources of data i.e. primary sources and secondary
sources obtained through survey and internet, books, research papers, etc.

3.8: DATA COLLECTION METHOD

The data collection method means the various sources from where the data has been
collected by the researcher. There are several methods for collection of data, especially in
surveys and descriptive research. As during data collection for descriptive research the
primary data is collected from the respondents through direct communication or through
personal interviews.

For the purpose of the research, the primary data was collected through a close ended
structured questionnaire which was designed pre hand and an online survey was done
using Google forms. Online survey was the most feasible form as the data was to be
collected from a varied population in a short period of time. The data collected was a
scaled data i.e. Likert scale of value 10 each. Survey was answered by undergraduate
commerce students of various colleges under Mumbai University. Close ended
questionnaire method is the most feasible method of data collection as a fixed set of
questions is prepared and surveyed. Therefore, uniform observations were obtained
through the survey.

For the purpose of secondary data collection, the researcher has used various forms such
as various research magazines, articles, websites, research journals, compendiums, etc.
related to the topic. Due to unavailability and shortage of time no books were studied in
the physical form. The secondary sources were mostly used for designing the review of
literature for the project. Being a descriptive research more secondary data was used for
the study.

86 | P a g e
The data collected can be of two types: metric data and non-metric data. Matric data
means the data collected through some scales. The metric data can be further classified as
discrete and continuous data. Non-metric data means the data jointly collected through
nominal scales, binary scales, and ordinal scales.

Data for study was collected from primary sources as well secondary sources.

• PRIMARY SOURCE OF DATA COLLECTION: -

Primary sources of data collection consisted of survey method. The survey was collected
through a Structured Questionnaire. The questionnaire was prepared keeping the mind the
objectives of the study and the factors that were to be considered for the study.
Questionnaire was prepared in such a manner that it could be easily understood by
respondents. The questionnaire being structured was in a single format to save time of the
respondents.

The questions were close ended, so that the respondents could easily select one given
alternative while answering the questionnaire. The questions mainly consist of two parts
i.e. Name of Respondent and the reason of the students.

87 | P a g e
• major problem in our country, which has been going on from past several years. Through
this research we got to know that due to reservation system only Scheduled caste,
Scheduled Tribes and Other Backward Class people are beneficial, and there is no place
for the General category people in this system.
• In my research, I found out that major population does not agree with the reservation
system because reservation has become more of caste based rather than being class
based.Earlier,the reservation system brought in by Dr.BABASAHEB AMBEDKAR was
for the ones who are economically weak which were at that time Scheduled caste,
Scheduled Tribes and Other Backward Class but now even this section has become
financially stable ,they don't need reservation, undue advantages are being taken and the
ones who are capable and deserving their opportunities are being taken by them. There
should be changes made in the reservation system and the benefit should be given only to
the ones who are actually financially unstable.
• It is a high time that government should look in to the matter and take action against
it.Almost 49.95% that is almost more than half or equal to is given to Scheduled caste,
Scheduled Tribes and Other Backward Class due to which the general caste category
lacks in opportunities, wherever you go today always first preference is given to
Scheduled caste, Scheduled Tribes and Other Backward Class even though in
Educational or job field they don't perform that well but they take the seats of deserving
ones.
• There is reservation in almost in every sector though it be school or universities,
government jobs, railways,etc.This is only fair to Scheduled caste, Scheduled Tribes and
Other Backward Class and no other caste. It seems that the reservation system was
brought in for these particular castes.
• The issue of reservation has remained a cause of disagreement between the reserved and
the non-reserved sections of the society. While the unreserved segments, keep on
opposing the provision, the neediest sections from within the reserved sections are hardly
aware about how to get benefited from the provision or even whether there are such

88 | P a g e
 provisions. On the contrary, the creamy layer among the same segment is enjoying
special privileges in the name of reservation and political factions are supporting them for
vote banks.
• Reservation is no doubt food, as far as it is a method of appropriating positive
discrimation for the benefits downtrodden and economically backward section O,the
society but when it tends to harm the society and ensures privileges for some at the cost
of others for narrow political ends, as it is in the present form, it should be done away
with, as soon as possible. Due to this system, there is no equality among the people .
• As of now, a bill has been passed that 10% reservation will be given to economically
weaker section in general category which means 49.9% seats are taken by Scheduled
caste, Scheduled Tribes and Other Backward Class,10% is taken by Economically
Weaker sections ,which means only 31% seats are being given to general category. Due
to the reservation system the confidence, will power and desire of the general caste
people is decreasing day by day.Thus,through my research I think that there should be
changes made in the reservation policy.

Suggestion:

E To eliminate the discrimination on the basis of caste. Uplift the social status of backward
caste i.e. Scheduled caste, Scheduled Tribes and Other Backward Class. Uplift the
economic status of backward caste. Indian education system it seems is all set to get
degraded, thanks to the reservation system.
E I agree that the reservation quota was introduced with the aim of helping out students
hailing from the backward classes. Traditionally, these backward classes had been denied
basic rights in the past. So, introducing reservation quota for them in educational
institutes made perfect sense back then. But the situation has changed now. More and
more people are misusing this caste-based reservation system and toying around with it
for their own advantage. The more eligible candidates are denied seats for professional
courses! Let me discuss some intriguing facts about this whole reservation saga.

89 | P a g e
E Over the last 25 years, much progress has been made. Millions of people have risen from
extreme poverty, fewer are malnourished, people expect to live longer and more children
go to school than ever before. Many challenges remain, and exclusion—you might call it
inequality, or lack of opportunity or merely a continuation of basic deprivation —has led
to political debates and upheavals in a wide variety of countries. One major category of
policies used in removing restrictions on freedoms is affirmative action or positive
discrimination.
E We call it reservation in India. The first such policy in independent India dates to 1950.
Part XVI of the Indian Constitution deals with reservation for scheduled castes (SC) and
scheduled tribes (ST) in federal and state legislatures, as well as with the constitutional
authority of the president to establish commissions to examine and recommend remedies
for the welfare of SC and ST groups.
E This reservation in politics has been extended to employment (Article 16) and to higher
education. It was expanded to include other backward classes (OBC) in later decades.
India is unique in the world in that reservation policies address historically disadvantaged
groups, defined primarily by a caste system (most other countries base it on ethnicity,
religion, language, gender or sexual preference). J
E us tracking this primary system is complex enough; most large states have about 60 sub
castes, each defined as SC and ST. It is further complicated by the fact that it is
implemented at both the federal and the state levels, and sometimes in combination with
religion, economic and gender classifications.

Following are the suggestions for the reservation system

1. Exact definition of Scheduled caste, Scheduled Tribes and Other Backward Class.

2.Creamy layer should be applied to Scheduled caste, Scheduled Tribes and Other
Backward Class.
3.There should be an economic criterion to identify caste or class.
4.There should be changes made in the admission policies in the educational sector.
5.Jobs should be given on merit basis instead of caste basis.
90 | P a g e
6.There should be changes made in the reservation system.
7.An upper cap of 20-25% of reservation should be put instead of 50%
8.Exempt important services like IAS/IPS, doctors from reservation.
9.Once an Scheduled caste, Scheduled Tribes and Other Backward Class is self-
sufficient then relegate him from that category and include him in general category.
10.Reservation should be based on financial condition. Irrespective of caste.
11.You can improve the reservation by changing it to the economic one.
12.Reservation should be a development to the backward class as well as other castes.

13.Though reservation is applicable to the poor and rich or literate and illiterate,
benefits of reservation accrue for those who are already possessing advantages such as
wealth and education.

14.Benefits should flow to underprivileged children.

15.Public officials of higher rank and high-income professionals as well as their

children should be barred from reservation.

The challenge for India is that while many sections of the society remain disadvantaged
(STs, for one), political action has shifted to relative discrimination within reserved
groups. As the reservation pie grows larger, in effect, it becomes a method of exclusion
rather than inclusion. IN a recent ruling, the Supreme Court ruled that it was not
mandatory for the government to give reservation for job promotions, but removed a
requirement that asked for data to support disadvantages. Paradoxically, it appears this
judgment has handed the power back to the executive to create laws that would do just
such a thing. It is time that India made a critical assessment of its affirmative action
programs, legislative sunsets and periodic reviews should be important principles in the
redesign. It is a touchy, volatile subject but the time has come.P.S. "It necessitates getting
out of the old habit of reservations and particular privileges being given to this caste or
that group," said Jawaharlal Nehru in 1961.

91 | P a g e
AIMS AND OBJECTIVES

∙ To study the positive impact of reservation system in India.

∙ To study how the backward classes in our society is getting effected.

SOURCES OF DATA
The researcher will be relying on both primary and secondary sources to complete the project.

1. Primary Sources: Judicial statements, acts, laws under Indian constitution.

2. Secondary Sources: Books, newspapers and websites.

RESEARCH METHODOLOGY
This research is based on doctrinal and non-doctrinal types of research work.

HYPOTHESIS
The researcher tends to favour the provisions of reservation system in India.

LIMITATIONS OF THE STUDY

The researcher has monetary and time limitations in completing the project. Further more
emphasis will be given on the role of lawyers in India.

92 | P a g e
 8. CONCLUSION AND SUGGESTION

The reservation policy in India was adopted with a reason to uplift certain castes who were
subjugated to atrocities, social and economic backwardness due to the prevalent dominance of
caste system in Hindu Society.

This reason has somewhere lost its essence in the modern era, and the castes that should be
actually benefitted are not being benefitted, and the others are reaping the benefits of the
reservation system that are actually not meant for it. Today, the reservation system has just
become a tool for politicians to gain vote banks. The recent agitation from the Patels of Gujarat
to include them in the category of OBC was shocking for the entire nation, as the people who
were agitating to get reservations in the state of Gujarat were in no ways socially and
economically backward.

In the State of Tamil Nadu, the reservation system proved to be a havoc for the society wherein
the Brahmans had very cleverly churned themselves down in the league of the backward
bandwagon and had gained enormously from the reservation system.

For these possible reasons, the Creamy Layer has been excluded from the list of Scheduled
Castes, Scheduled Tribes and OBC after the landmark Mandal Case.

In one of the landmark decisions of Ashok Kumar Thakur v. Union of India, Justice Ravindran
smelling the dangers from the present trend on the reservation had rightly opined that when more
people aspire for backwardness instead of forwardness, the Country itself stagnates.

It is quite impossible to declare Reservation policy as good or bad as those benefitting from it
would always support it and declare it to be good while those who are being at a loss because of
the system would always curse it and declare it to be bad. But what matters the most is not that
whether the reservation policy is good or bad instead what matters is the idea and the reason

93 | P a g e
behind its adoption. If that reason is losing its essence, then, of course, the reservation policy
would gradually turn out to be bad.

The political indulgence in the process of reservation has merely reduced from a noble idea to a
strategy to increase the vote bank. Moreover, a lot of criticism has been made on the criteria of
reservations. The socially and economically backward classes are not actually in practical and
real sense socially and economically backward, the only stamp of being from a backward caste is
enough to gain profits in the name of reservations.

The reservation policy is good till the point some deserving candidate is not missing upon his
opportunity because of the prevalent reservation system. I find no reason for giving admissions
to undeserving students over deserving students. If these classes of people have been denied
opportunities in past, then the scenario is being repeated with the general class in the present.
The undeserving should not reap the fruits of the labor of the deserving.

We also need to understand that when we talk about development then simultaneously we cannot
talk about backwardness. If we would demand more and more backwardness, then it is obvious
we cannot move forward, and we will not be able to move forward, our progress would
ultimately get stagnant.

It is also important that the essence of the idea of the adoption of reservation policy should be
maintained, and the actual backward classes who are in real and not fiction denied access to
education, job opportunities etc be benefitted.

This reservation policy should not become a ladder to climb on the stairs of profit, money and
other related interests for those who are just roaming with the stamp of being a backward class
and are actually socially and economically much more stable than the general class.

94 | P a g e
 9. BIBLIOGRAPHY

PRIMARY SOURCES
1. Constitution Of India

2. 85th Constitutional Amendment Act 2001

3. The Constitution (Ninety-Third Amendment) Act, 2005

SECONDARY SOURCES
BOOKS-
1. Sahoo, Niranjan Reservation Policy and its implementation across domain in
India:An Analytical review
(Academic Foundation (1 November 2009))

2. Sukhdeo & Chittaranjan Reservation in Employment, Education, and legislature-status and

emerging issues (Working Paper Series 2007)

3. Rana, Mulchan Reservations In India ( Concept Publishing Company (2008))

4. Vijayan, P.P Reservation policy and judicial activism, (Kalpaz publications)

(2006)

5. Prakash, Chowdhuri Caste System, Social Inequalities and Reservation Policy in India,
(LAP Lambert Academic Publishing (5 June 2012))

JOURNAL ARTICLE-
1. Thomas E. Weisskopf, Impact of Reservation on Admissions to Higher Education in India,
Vol. 39, EPW 4339, 4339 (2004)

2. G. Thimmaiah, Implications of Reservations in Private Sector, Vol. 40, EPW 745, 745 (2005)

INTERNET-
95 | P a g e
1. www.knowledgeofindia.com
2. www.realityviews.in
3. www.youthkiawaaz.com
4. www.blog.ipleaders.in
5. www.hindustantimes.com
6. www.legalservicesindia.com
7. www.indiatvnews.com
8. www.dartmouth.edu
9. www.indianexpress.com
10. www.gov.uk
11.www.ncls.org

96 | P a g e