CHAPTER TWO

HISTORICAL ASPECT

Introduction

"Slavery does not merely mean a legalized form of subjection. It means a state of society in

which some men are forced to accept from others the purposes which control their conduct"

-  Dr. Bhimrao Ramji Ambedkar

India is an independent Union of States with 28 states and 9 Union Territories which got

independence from British Rule in 1947. The Constituent Assembly of India wisely drafted

the Constitution of India after taking inspiration from the constitutions of major democracies

of the world like France, Germany, South Africa, Ireland, Canada, Australia, Japan, and the

U.S.A. The Constitution of India adopts the essence of Democracy, Equality, Socialism, and

Secularism in it, with this, it also encompasses the value of human dignity and guarantees six

fundamental rights to its citizens.

The constitution of India adopts the unique feature of reservation. According to the oxford

dictionary, the word 'Reserve' means something that you keep for a special reason or to use at

later date and the term reservation means a seat, table, room, etc. that you have booked. In the

Indian context, reservation refers to the act of reserving a fixed number of seats in

government jobs, legislatures, and educational institutions for the weaker section of society.

The term weaker section includes the people of the country who are socially and

educationally backward due to lack of resources and the prevalent caste system in Indian
society. The reservation policy was introduced for them as affirmative action, with an idea of

ensuring the equality and adequate representation of backward classes in every service under

the state.

History

In the Hindu religion, the caste system divides people into four categories or varnas -

Brahmins, Kshatriyas, Vaishyas, and the Shudras. According to Hindu believes these four

varnas originated from Brahma, the creator of the Universe, Vedas, and people. The caste

system is considered the distorted form of the Varna system. In the hierarchy of the caste

system, Brahmins were on the top. They were supposed to originate from the head of

Brahma.

Brahmins were considered intellectuals and they used to work as teachers and priests. Then

the Kshatriyas were in the second place, they were, supposedly originated from the arms of

Brahma. Kshatriyas were the rulers and warriors of the kingdoms. The third place was given

to Vaishyas, traders, artisans and farmers. They were originated from the thighs of Brahma.

At the bottom of this hierarchy, were the Shudras, who were considered to be originated from

the Brahma's feet. They used to do all the inferior jobs of society. This caste system is still

prevalent in our system and it creates the need for the reservation policy in India. Caste-based

discrimination, which leads to the social backwardness of the people, is the root cause for the

origin of reservation policy in India.

The idea of reservation policy in India was originally developed by William Hunter and

Jyotirao Phule in the year 1882. The basic principle behind the reservation was the Caste
System and the malpractice of untouchability in India. But the prevailing reservation system

in today's India was introduced in 1933 by British Prime Minister Ramsay Macdonald in the

form of the 'Communal Award.

Under the provisions of the communal award, there were separate electorates for Europeans,

Anglo-Indians, Indian Christians, Muslims, Sikhs, and the Dalits. But on 24th September

1932 when the Poona Pact agreement between Mahatma Gandhi and Dr. Ambedkar was

signed, it was decided that for Hindus there would be a single elective with certain

reservations for the depressed classes in it.

When India got independence from British rule in 1947, and the country was divided into two

parts India and Pakistan. With the partition, much of the Muslim population migrated to

Pakistan and Hinduism became the most prominent religion in India. So, when the

constituent assembly was framing the Constitution of India, social discrimination based on

the case system was a big hindrance to equality in society. So, the provision of reservation for

the socially backward classes was introduced in the Constitution of India. Reservations were

initially introduced for a period of 10 years and only for SCs and STs, but it kept on

extending with several changes in it.

In 1991, OBCs were also included in the ambit of the reservation after the recommendations

of the Mandal Commission. In 2007, reservation was implemented in the All India Quota

Seats in which 15% seats were reserved for SC category and 7.5% for ST category. On 14

January 2019 when the 103rd Constitutional amendment was enforced; 10% reservation was
given to the Economically Weaker Section (EWS) in the general category under articles

15(6) and 16(6) of the Constitution of India.

Reservation for the EWS category was given over and above the existing 50% reservation for

SC/ST/OBC categories. On July 29, 2021 the Government of India has decided to provide

27% reservation for OBCs and 10% reservation for Economically Weaker Section in the All

India Quota Scheme for undergraduate and postgraduate medical/dental courses which will

be applicable from the 2021-22 session onwards.

Reservation Vis--Vis Constitution Of India

The Constitution of India ensures the right to equality and prohibits discrimination on

grounds of religion, race, caste, sex, or place of birth. With this, it also guarantees special

protection for the weaker section of society.

Under Article 15(4) it provides that:

Nothing 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.

This enables the state to form special policies to ensure adequate representation of backward

classes like SCs, STs, and OBCs in educational institutions, public employment, and

legislature.
"Equality may be a fiction but nonetheless one must accept it as a governing principle"- Dr.

Bhimrao Ramji Ambedkar

Article 14 of the Constitution of India provides that The State shall not deny to any person

equality before the law or the equal protection of the laws within the territory of India

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 14 highlights two aspects: equality before the law and equal protection of laws.

Equality before law:

This concept is adopted from the English Common law and it means that no person is above

law and all persons irrespective of their race, religion, rank, and position must be treated

equally. This concept is considered negative in nature because it denies special privileges in

favor of any individual. It also declares that all individuals are subject to the ordinary

jurisdiction of the court.

Equal protection of laws:

This concept is adopted from the American constitution. It means the people at equal levels

must be treated equally; it ensures equal treatment in equal circumstances. It is considered

positive in nature. Equality protection of laws is based on the principle that likes should be

treated alike which means people in similar situations must be treated similarly. It prohibits

discrimination between persons who are at the same level and under the same circumstances.

But at the same time, it does not prohibit the different treatment for the unequals.
The right to equality under Article 14 is not limited to the citizens of India but is available to

every person within the territory of India.

It is a wise man who said that there is no greater inequality than the equal treatment of

unequal's - Felix Frankfurter

In the case of Andhra Pradesh v. Nalla Raja Reddy1, it was held equality will be violated not

only when the equals are treated unequally but also when unequal are treated equally.

The constitution of India follows the principle, Equality among equals and unequal should be

treated differently. So, there is the provision of the Reservation for the citizens who are

considered as marginalized in the society.

Article 15(4) and 16(4) of the Constitution of India provide reservation to the socially and

educationally backward section of the society. It enables the government at State and Central

levels to reserve a fixed number of seats for SCs and STs in the government services.

Article 15 (4) provides that:

Nothing in this article or in clause (2) of Article 29 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 16 (4) provides that:

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
1
Andhra Pradesh v. Nalla Raja Reddy 1967 AIR 1458
the State, is not adequately represented in the services under the State.

Part XVI of the Constitution of India specifically deals with the Special Provisions Relating

to Certain Classes which Include reservation for Scheduled Castes, Scheduled Tribes, Anglo-

Indian Community, and Other Backward Classes.

Reservation in Educational Institutions

In the year 2005, the government introduced the 93rd constitutional amendment act. With the

enactment of the act, Article 15 (5) was inserted in the constitution of India. Article 15(5)

provides that:

Nothing in this article or in sub-clause (g) of clause (1) of Article 19 shall prevent the State

from making any special provision, 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 their 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.

This provides reservation to the socially and educationally backward classes in the relation to

admission in public and private educational institutions. But this amendment was challenged

on the ground that it is against the principle of equality and violative to the basic structure of

the constitution.

In the case of Ashoka Kumar Thakur Vs Union of India2 of India, the 93rd constitutional
2
Ashoka Kumar Thakur Vs Union of India (2007) 4 SCC 361
amendment act, 2005 was challenged. The Supreme Court observed that reservation provide

an extra advantage to those who without such support dream of university education.

It was held that:

 93rd constitutional amendment act does not violate the basic structure of the

constitution as it only moderately abridges or alters the principle of equality.

 Reservation in educational institutions is a part of affirmative action.

 Social and financial status must be studied for the identification of backward classes.

 Caste or economic backwardness should not be the sole criteria of the reservation. For

reservation social, economic, and educational backwardness should be considered

together.

 Creamy layer exclusion principle should not be extended to SCs and STs.

Reservation in Promotion

Reservation for SCs and STs in matters of promotion in public employment was a matter of

continuous conflict between the parliament and Apex Court. In 1992, in the case of Indra

Sawhney v. Union of India,3 the Supreme Court held that Article 16(4) does not allow the

reservation in promotion.

Against it, the parliament came with the 77th Constitutional Amendment Act, 1995, and

inserted a new clause (4A) under Article 16, which empowers the state to make the

provisions of reservation in the matter of promotion to SCs and STs in public employment.

Article 16 (4A) of Constitution Of India provides that:

3
Indra Sawhney v. Union of India, AIR 1993 SC 477
Nothing in this article shall prevent the State from making any provision for reservation in

matters of promotion, with consequential seniority, to any class] or classes of posts in the

services under the State in favour 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.

In the year 2000, the legislature came with the 82ndConstitutional Amendment Act, 2000.

This amendment inserted a proviso under Article 335 of the Constitution which states that:

Nothing in this article shall prevent in making of any provision in favour of the members of

the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any

examination or lowering the standards of evaluation, for reservation in matters of promotion

to any class or classes of services or posts in connection with the affairs of the Union or of a

State".

This amendment empowers the state to make provisions regarding relaxation of qualifying

marks or standard of evaluation, for the member of SCs and STs, in the matter of the

reservation in promotion in public employment.

But in 2006, in the case of M. Nagaraj vs Union of India[iv], the Supreme Court extend the

creamy layer exclusion principle to SCs and STs and case laid down three conditions for the

promotion of SCs and STs in public employment.

The government has to show the backwardness of the particular community before

introducing the quota for them

There should be an inadequate representation of the community and it should be based on

quantifiable data.

Overall efficiency of the public administration should not be affected due to reservation in

promotion.

The Court in this case states that the state is not bound to make reservations for SCs and STs

in the matter of promotions. It is the discretion of the state whether they want to provide

reservations in the promotion or not.

Reservation to Economically Weaker Section

In the 103rd Constitutional Amendment Act, 2019 the new reservation was introduced by the

legislature. This amendment introduced a 10% reservation for the economically weaker

section of the society popularly known as EWS. It provides reservation to economically

weaker sections (EWS) in public employment as well as admission in public and private

educational institutions.

Before this amendment, there was a ceiling limit of 50% on reservations. In which, 22.5% of

available seats were reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) (7.5% for

STs, 15% for SCs). In addition to this 27% of seats, were reservation was given to OBCs.

The total reservation provided before the 103rd constitutional amendment was 49.5%, which

was in conformity with the rule of 50% ceiling limit on the reservation.

103rd Constitutional Amendment Act, 2019 provides 10% reservation in addition to the

present reservation. It leads to a total reservation of about 60%, which contradicts the existing

rule of a 50% ceiling limit of reservation.

The supreme court in the case of Balaji v. State of Mysore4 has ruled that it would not be

possible to predicate the exact permissible percentage of reservation it can be stated in a

general and broad way that it ought to be less than 50%.; how much less than 50% would

depend upon the relevant prevailing circumstances in each case.

In Indra Sawhney v. Union of India[vi] Supreme Court held that like any other power

conferred by the constitution, power conferred by Article 16(4) must be exercised reasonably.

And the 50% ceiling limit over reservation should not be exceeded.

Supreme Court in Nagaraj v. Union of India[vii] states that the 50% ceiling limit of

reservation is a part of the basic structure of the constitution and it acts as a balancing factor

between formal and substantive equality.

But contrary to this:

In Appanna v. state of Karnataka5, it was held that the state may make such provisions or

reservations for the betterment and amelioration of the weaker and economically backward

sections and to implement the directive principle contained in Article 46.

In a case R. Balaji v. State of Mysore 6, it was held that:

caste of a person cannot be the sole criteria for ascertaining whether a particular caste is

backward or not. Determinants such as poverty, occupation, place of habitation may all be

relevant factors to be taken into consideration. The court further held that it does not mean

4
Balaji v. State of Mysore AIR 1963 SC 649
5
Supra Note 4
6
Supra Note 6
that if once a caste is considered to be backward it will continue to be backward for all other

times. The government should review the test and if a class reaches the state of progress

where reservation is not necessary it should delete that class from the list of backward

classes.

In Indra Sawhney v. Union of India7, the Supreme Court has observed that the policy of

reservation has to be operated year- wise and there cannot be any such policy in perpetuity.

The State can review from year to year the eligibility of class of socially and educationally

backward class of citizens. Further, it has been held that article 15(4) does not mean that the

percentage of reservation should be in proportion to the percentage of population of

backward class to the total population. It is in the discretion of the State to keep reservation at

reasonable level by taking into consideration all legitimate claims and the relevant factors.

In the favour of 103rd Constitutional Amendment Act, the then finance minister Arun Jaitley

said that "if two individuals are not equal due to birth or for economic reasons, then they

cannot be treated equally. Unequal cannot be treated equally and 50% cap on reservations

imposed by the Supreme Court was only for caste-based reservations, and the Economically

Weaker Section (EWS) reservation won't be impacted by it."

On July 29, 2021 the Government of India has approved 27% reservation for OBCs and 10%

reservation for Economically Weaker Section in the All India Quota Scheme for

undergraduate and postgraduate medical/dental courses from the current academic year. This

quota will be applicable from the 2021-22 session onwards.

The Creamy Layer Exclusion Principle

7
Supra Note 3
The creamy layer exclusion principle is considered a very important principle that helps in

fulfillment of the purpose of reservation by providing reservation to those who genuinely

require it for social, educational, and economical upliftment.

The concept of Creamy layer exclusion was firstly introduced in 1992, in the case of Indra

Sawhney v. Union of India[xi] (also known as Mandal Commission case). In this case, a nine

judge bench held that:

The Creamy layer, that is, the advanced section among the OBC's must be excluded from the

benefits of reservation. It was also held that this principle should not be applicable to SCs and

STs.

The Apex Court also asked the central government to fix the criteria for the identification of

the creamy layer. In 1993, the government set the ceiling limit of the creamy layer at 1 lakh.

It was subsequently increased to 2.5 lakh in 2004, 4.5 lakh in 2008, 6 lakh in 2013, and 8 lakh

since 2017.

The term creamy layer was described as:

some members of a backward class who are socially, economically as well as educationally

advanced as compared to the rest of the members of that community. They constitute the

forward section of that particular backward class and eat up all the benefits of reservations

meant for that class, without allowing benefits to reach the truly backward members.

The Application of Creamy Layer Exclusion Principle to SCs & STs

Chief Justice of India, K.G. Balakrishnan, said that the creamy layer principle is inapplicable

to scheduled castes and scheduled tribes because it is merely a principle of identification of

the backward class and not applied as a principle of equality.

But in M. Nagaraj vs Union of India8, the Supreme Court approved the decision of the

parliament and extend the creamy layer exclusion principle to SCs and STs

The court held that:

socially, educationally, and economically advanced cream of Scheduled Castes/Scheduled

Tribes communities must be excluded from the benefits of reservation in government services

in order to transfer quota benefits to the weakest of the weaker individuals and not be

snatched away by members of the same class who were in the top creamy layer.

It was also observed that:

the whole object of reservation is to see that backward classes of citizens move forward so

that they may march hand in hand with other citizens of India on an equal basis. This will not

be possible if only the creamy layer within that class bag all the coveted jobs in the public

sector and perpetuate themselves, leaving the rest of the class as backward as they always

were.

The objective behind the implication of reservation policy in India was to provide extra

protection to the socially and educationally backward sections of the society. And the Creamy

layer Exclusion principle is a step heading in the direction of achieving this objective.

8
Supra Note 4
This principle ensures that the fruits of reservation policy will reach the people who

genuinely require it. But it was argued against the judgment of the Supreme Court, that

economic prosperity cannot be the only measurement for social advancement. Economic

backwardness should be considered along with other criteria such as social and educational

backwardness of the particular class of citizens.

In the case of Jarnail Singh v. Lachmi Narayan[xiii], Supreme Court reaffirms the application

of the creamy layer exclusion principle to SCs and STs.

International Perspective On Affirmative Actions

The reservation policy is implemented not only in India but also in other countries. About

one-fourth of the countries have policies in the form of affirmative action, reservations,

alternative access, and positive discrimination to give equal opportunity to the deprived

section of the society. In the Unites States, affirmative actions were introduced in 1946 for

American blacks.

The countries which most successfully implement affirmative actions are Japan, the Soviet

Union, Cuba, Vietnam, and the countries of East Europe. These countries implement

affirmative action and use it as a tool to minimize inequality based on race, color, gender,

caste, and geographic distinction in the society.

This helps up in the understanding that not only India, but many other countries are also

using reservation as an affirmative action to equalize the opportunities to the disadvantaged

groups or weaker sections of the society.

Arguments In Favour Of Reservation

Affirmative action of reservation has socially and economically uplifted a large section of the

under-privileged and under-represented population of India.

Caste-based reservation help in cope up with the historical negligence and injustice caused to

the socially backward sections of the society.

Reservation to the tribal groups (STs) has helped the members of the tribal community to

improve their representation in educational institutes and services of the state by minimizing

the disadvantages faced by them due to lack of resources.

Reservation to the OBCs has helped the left-out section of society who was backward in

terms of education and other resources, but they were not part of SCs and STs.

Reservation to the economically weaker section of society (EWS) has helped the section of

society that was socially forward as compared to SCs and STs but was economically weaker.

This section was deprived of education and resources because of poor financial conditions.

Reservation helps in providing the same level of playing field to every citizen of the country.

It helps socially and educationally backward sections of society who are deprived of money,

education, and other resources. Without reservation, it was nearly impossible for them to

match with the rest of society.

The reservation system in India has improved the delivery of justice to every section of

society by providing free legal aid to the members of SCs, STs, and women, who otherwise

would suffer due to lack of money, knowledge, and awareness.

Arguments Against Reservation

 In the socially backward section of society, only the economically sound people take

most of the benefits of the reservation and the rest of the section remains deprived due

to lack of knowledge and awareness, thus it ruins the aim of reservation, marginalized

section among backward section still remains marginalized.

 The caste-based reservation policy is promoting the caste system, instead of

abolishing it. People are using it as a tool to meet their political benefits.

 Quotas based on the reservation are a form of discrimination against other citizens,

which is contrary to the right to equality guaranteed under the Constitution of India.

 Reservation may adversely affect the educational, economic growth of India because

it does not ensure the efficiency of people who get selected by way of the quota

system in educational institutes as well as in other sectors.

 Reservation schemes do not elevate the quality of education and work efficiency of

employees, rather degrades it.

 In the caste-based reservation system, the economically backward section of the upper

caste does not get any benefit whereas the economically well-off section from

backward and lower caste enjoys the privilege of it.

 Reservation agitations may cause social unrest by creating the feeling of

discrimination among the different castes and classes of society.

Requirement Of Reservation In Modern Era

"Our struggle does not end so long as there is a single human being considered untouchable

on account of his birth."

Mohandas Karamchand Gandhi

The reservation policy was framed and implemented by the constituent assembly only for the

term of first 10 years after the commencement of the constitution. But the reservation policy

is still in existence.

With this fact, the questions arise that:

 Do we really need this policy in modern times, or it should be abolished?

 Had this policy really helped the backward section of society in the last 70 years?

 Is there any need to revise this policy and instead of caste-based reservation other

principles like economic backwardness should be followed?

To find the answers to these questions we must consider the different facts together,

such as:

 Caste-based discrimination is still prevalent in both rural and urban areas of the

country.

 Untouchability is still practiced in a large part of the country. People from higher

caste avoid social interaction with the people from lower caste.

 Socially backward classes are still among the poorest section (BPL) of the society.

Representation of SCs/STs and OBC is still not adequate in the public services.

 The cases of atrocity against SCs/STs are still common in many parts of the country.

People from lower castes and tribal areas like the northeastern states of India are still

facing violence against them on the basis of their identity.

  Practices like inter-caste marriage are still considered taboo and viewed with disgust

in our society.

 By considering all these facts we can clearly observe that although a large section of

the backward classes has uplifted its educational and financial status but failed to

meet the same social status as others from upper castes in the society. With this, there

is an equally large section of the same class which is still untouched from the benefits

of this policy.

When we discuss the continuation of reservation in perpetuity the Supreme Court has

observed that Reservation will have to stop someday, after some years or decades, it must

come to an end one day. If it is perpetual the entire object is defeated."

In the case of M.R. Balaji v/s State of Mysore[xiv], the Apex Court has ruled that it does not

mean that if once a caste is considered to be backward it will continue to be backward for all

other times. The government should review the test and if a class reaches the state of progress

where reservation is not necessary it should delete that class from the list of backward

classes.

But to contradict this view, it is argued that, the apparent or official reservation and its

continuation in perpetuity is the outcome of the indirect reservation system in Indian society.

Where the son of a priest becomes a priest and, son of a scavenger becomes a scavenger. In

the temples of India, the practice of indirect reservation is evident.

The priest of the temples is appointed only from one caste, that is, Brahman. The same

practice is also followed in other works or professions, the work of sanitization and manual

scavenging is generally performed by people of the lower caste of the society. This shows
that it is indirect and implied caste-based reservation in our society by which people of a

specific caste do specific work perpetually.

"The Out-caste is a by-product of the Caste system. There will be outcastes as long as there

are castes. Nothing can emancipate the Out-caste except the destruction of the Caste system.

Nothing can help to save Hindus and ensure their survival in the coming struggle except the

purging of the Hindu Faith of this odious and vicious dogma" 9

Dr. Bhimrao Ramji Ambedkar

As long as the caste system is prevalent in our society it is very difficult to ensure equality in

our society. To remove social disparity, the caste-based reservation will also be required. So,

to abolish or revise the caste-based reservation we first must reform our society and abolish

the caste system from our society.

Critical Analysis Of Reservation

Equality is the essence of the constitution of India, but the reservation policy is contrary to

the principle of equality. Either the caste-based reservation or the reservation to economically

backward section of the society, the reservation policy provides special privileges and extra

protection to certain classes of people in the society and it disturbs the spirit of the

constitution of India.

The reservation policy was introduced under the Constitution of India as an ad-hoc policy for

a period of 10 years. But it is continued till now and it has created a feeling of enmity among

the people of upper caste people against the caste-based reservation system, as they are

getting less opportunities in jobs and admissions in educational institutions because of the

continuation of reservation.
9
Dr.Ambedkar & Caste, Harijan, February 11, 1933, 3.
The reservation policy is a barrier to the merit system in the selection process. In the job

recruitments and admissions in the educational institutes, due to reservation, the deserving

candidates do not get their due share, and people with less efficiency and low merit get

selected. It adversely affects the working efficiency of the whole system at different levels.

The reservation policy is considered as the Political Gimmick, India had seen many protests

in past due to the reservation policy or demand of reservation policy, like Jats of Haryana,

Marathas of Maharashtra, Gurjars of Rajasthan. These protests are performed by blocking

highways, and roads, restricted the supply of daily needs and damaging railway tracks. So, it

acts as an obstruction in the functioning of the state and the root cause of these actions is

mostly political, where opposition parties try to make political pressure on the ruling party of

the state or country.

Conclusion

The reservation policy was framed by the Chairman of the Constitutional Drafting

Committee; Dr. Bhimrao Ramji Ambedkar along with other members of the committee, the

intention was to provide reservation as a form of affirmative action so that the disadvantaged

groups can match up with the mainstream society. This policy was enacted for a period of 10

years, but it is continuing till today by way of extension because the aim of reservation was

not achieved.

To achieve the final aim of the reservation, that is, to overcome the historical injustice,

provide a level playing field for all, ensure adequate representation of all and to ensure

equality among all, the caste system and other discriminations must be completely abolished,
as it will help to reduce the disparity between the people of the country. But until the final

aim is achieved, it is very important that the fruits of reservation policy must reach the people

who literally require it.

The policy of reservation can be fair and effective if it acts as affirmative action for the

benefit of the educationally, socially, and economically backward sections of society. To

meet the aim of the reservation policy, its aid should reach the majority of the population

which is considered as an underprivileged section of the society. Classes of people, who are

relatively forward in term of education, finance and social status should not enjoy the benefit

of the reservation.

In the present time, there is a need to revise the reservation policy of India so that the benefit

can reach the marginalized sections of the deprived classes. But while revising the reservation

policy, we must ensure that the benefit of the reservation should reach the socially,

economically, and educationally backward section of the society. Social, educational and

economic criteria should be taken cumulatively to determine the backward classes of the

society.

Exclusion of the relatively forward section, that is, the creamy layer among all castes, tribal

groups, and other beneficiaries of the reservation can be helpful in making the reservation

policy very effective. Reservation should not be provided perpetually generations after

generation. So that the fruits of the reservation can be provided to people who really deserve

this kind of affirmative action to have adequate representation.

Along with this, equal importance should be given for the abolishment of the caste system,
malpractice of untouchability, and other sorts of discrimination from our society. So that

equality in society can be ensured.

Reservation to Scheduled Castes and Scheduled Tribes in public services and Educational

Institutions has a long history. Over years, a section of our population living in certain

pockets of the country and certain caste were deprived of certain benefit. Since ancient times

the Hindu Society was divided into four basic Varna namely Brahmins, Kshatriya, Vaishya

and Shudra. Under the fourth Varna i.e. Shudra, there were many. Castes whose social,

cultural, economic and political status was very low. During British India the necessity for

identification and upliftment of these Castes was realized. The people from this category

were called with different names like shudra, dalit, untouchables depressed or oppressed

class. But for the reservation and other legal purposes they are called as Scheduled Castes.

The people who were living in jungles and hill are Adivasis and are called Scheduled tribes.

These people led the life of hardship, disability misery and exploitation at the hands of

people of higher Castes. These people were also run away from the mainstream of the

society.

Social reformer down the ages had tried to break the barriers by uplifting the Scheduled

Castes and Scheduled Tribes and removing the social discrimination which separated the

Hindu society rule, various legal remedies were tried to counteract the discrimination against

the depressed classes so as to improve their economic and social status. After the

commencement of Indian Constitution many special provisions just like Article 15(4), 16(4),

46, 330, 335, 338, 339, 341, 342, and 366 (24), 366(25) were incorporated in the Indian

Constitution for the upliftment of these people. These Articles empower the state to make

reservation for SC and ST.

The outcome of this reservation policy was supposes to be a break down of the caste

hierarchies, removal of social stigma attached to the Scheduled Castes and creation of a

pressure group in the administration to safeguard the rights and interest of these sections of

the Indian society.

So for as the time limit of the Reservation Policy is concern Dr. B.R. Ambedkar also was of

the view that reservation benefit should be given for a limited period. Because he did not

wish to see his people as a habitual of reservation fruit juice. Due to political selfishness, this

reservation was stretched time to time. The present situation says that no political parties

dare to break the path of reservation. For present situation the implementing authority as

well as ruling and non-ruling political parties are responsible. But the time has come to

rethink and remanage the old model of reservation policy because even after 62 years of the

commencement of the Indian Constitution the tendency of implementation of Reservation

policy and applications of the provisions are hoch-poch. Todays is the time of globalization,

modernization, privatization so reservation policy also should be according to modern

situation so that the intention of the framers of Indian Constitution may be fulfilled and

reservational fruit juice may be provided only to the actual needy person of Scheduled

Castes and Scheduled Tribes.

Even 62 year have been passed but implementation of Reservation Policy could not get

satisfactory position among Scheduled Castes and Scheduled Tribes. In present time the

circumstances has been changed than the condition at the time of independence. The

intension of founding fathers of Indian Constitution was to provide reservation to Scheduled

Castes and Scheduled Tribes so that this unfunate people of the society may get
opportunity in education, Politics as well as in Government Services. But the result is

not satisfactory. Changing is the rule of nature.

Many fields have been emerged which is disturbing the Reservation Policy. So in the light of

latest development and changed circumstances There is need of new type of reservation

policy in favour of Scheduled Castes and Scheduled Tribes So that actual advancement may

be found. There is also necessary to analysis the old model of reservation policy so that the

actual needy could get the benefit of Reservation. Due to development It is demand of time

that opportunity should be provided to SC and ST in emerging fields also.

Through this study Researcher has concentrated his work only to identification of Scheduled

Castes and Scheduled tribes, Reservation for Scheduled Castes and Scheduled tribes in job

and Educational Institutions. I have also tried to discuss about the exclusion of SCs and STs

creamy layers from the purview of reservation policy like other backward classes. 1 have

also tried to discuss that in the time of globalization, modernization, liberalization, economic

policy after 1991 and privatization, the reservation should be provided against private

sectors weather it is job or educational institutions.

One of the main emphasis of my research work is on the problem of creamy layer and

implementation of reservation policy in fovour of actual needy Scheduled caste and

Scheduled Tribe persons. How the creamy layer persons would be identified and could be

excluded from the reservation benefit and needy SCs and STs person may get its benefit.

The concept of creamy layer is examined in the light of supreme court's decision delivered

in M. Nagraj V. Union of India (SC. 2006), Locur Committee Report, Usha Sharma Report

and various sources.

The other problem relates to the determination of caste as a Scheduled Castes or Scheduled Tribes.

What will be the basis of determination? Under Article 341 and 342 of the Indian Constitution only

president and parliament are empowered.

The question is: Can the President of India arbitrarily declare any caste or it's part (sub-

caste) as SC or ST or there should be any other criteria? The question arose when in 2002

some of Castes of same district in U.P. such as 'Gond' which treated as SC have been

declared as ST. The Mulayam Government tried that some of Castes belonging to other

backward class are included in Scheduled Castes. In fact these Articles are being used for

political benefit and it is disturbing percentage of reservation.

In recent times, privatization and globalization is leaving impact on reservation policy.

Privatization of public sectors has been increasing day by day. There is no reservation

provision in private sector services. So the chance of getting service of the SCs and STs are

decreasing. Enterprisers are not ready to accept the reservation policy where as they get

more assistance form government.