ILS LAW COLLEGE

LAW COLLEGE ROAD, PUNE

TOPIC- Role of reservation in the establishment of EQUALITY

MINI RESEARCH PROJECT

( CONSTITUTIONAL LAW)

SUBMITTED TO

PROF. PRAFULLA LELE

SUBMITTED BY

SAMEER KUMAR JHA

ROLL NO- 755

ACADEMIC YEAR

2021-22

1
Contents
INTRODUCTION 3

LITERATURE REVIEW 5

SIGNIFICANCE 6

OBJECTIVES 7

RESEARCH QUESTIONS 8

CHAPTER 2- EQUALITY DEMONSTRATE ITSELF AS A PROMINENT OUTCOME

OF RESERVATION 8

Here are all the facts about the details and the journey of the Women's Reservation Bill: 10

CHAPTER 3 - AN OUTLOOK OF RESERVATION POLICY IN INDIA 11

PRE- INDEPENDENCE 11

POST – INDEPENDENCE 12

CHAPTER 4 – CONCLUSION AND RECCOMENDATION 19

2
INTRODUCTION
The concept of equality has been derived from Preamble of the Indian Constitution which

guarantees equality of status and opportunity and Article 14 1of the Indian Constitution which

states 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”. The first expression ‘equality before the law’ which is

taken from the English common law, is a declaration of equality of all persons within the

territory of India, implying thereby the absence of any privilege in favour of any individual.

Moving a step ahead in E.P. Royappa v. State of Tamil Nadu,2 the Supreme Court has

elaborated the traditional concept of equality which was based on reasonable classification and

has laid down a new concept of equality. Bhagwati, J delivering the judgment on behalf of

himself, Chandrachud and Krishna Iyer , JJ. propounded the new concept of equality in the

following words-“Equality is a dynamic concept with many aspects and dimensions and it cannot

be ‘cribbed, cabined and confined’ within traditional and doctrine limits. From a positivistic

point of view, equality is antithesis to arbitrariness. In fact equality and arbitrariness are sworn

enemies; one belong to the rule of law in public while the other, to the whim and caprice of the

absolute monarch. Where an act is arbitrary, it is implicit in it that it is unequal both according to

political logic and constitutional law and is therefore violative of article 14.

Reservation is a policy designed to redress past discrimination against Depressed classes3 ,

specific gender and minority groups through measures to improve their economic and
1
https://indiankanoon.org/doc/367586/
2
https://indianlegalsolution.com/e-p-royappa-v-state-of-tamil-nadu/
3
J.N.Pandey The Constitutional Law of India, 46th Ed. Reprint 2009

3
educational opportunities. Reservation is an attempt to promote equal opportunity. It is often

instituted in government and educational settings to ensure that persecuted communities within

a society are included in all programs. The justification for reservation is to compensate for past

discrimination, persecution or exploitation by the ruling class of a culture or to address existing

discrimination. The principle of affirmative action is to promote social equality through the

preferential treatment of socioeconomically disadvantaged people. More over the basic aim of

reservation is to create social equality. Social equality is a social state of affairs in which all

people within a specific society or isolated group have the same status in a certain respect. At the

very least, social equality includes equal rights under the law, such as security, voting rights,

freedom of speech and assembly, and the extent of property rights. However, it also includes

access to education, health care and other social securities. It also includes equal opportunities

and obligations, and so involves the whole society.

This research is not confine to focus on what have been done to establish social justice ,

its also enlight the economic justice rendered to them. The right to economic justice to

the depressed class of the society is a right to secure equality of status, opportunity

and liberty. The apex court observed in workmen of Meenakshi mills v Meenakshi mills

ltd that the preamble declares tha solemn resolve of people of india to secure to all

citizens justice – social, economic and political.

LITERATURE REVIEW

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An attempt is made in this research paper to review available literature on “Reservation policy

led to the establishment of quality” with a view to examine the different formatted points and

views adopted by various thinkers and researchers.

Dr. B.R Ambedker and his Egalitarian Revolution4- Struggle for Human Rights. Events starting

from March 1927. In this evaluation have been made on various bases such as upon the

revolution on egalitarian society and to provide the protection of human rights of an individual

and society as a whole. This type of reservation is the basic reservation for the protection of

human rights.

Jaffrelot, Christophe (2005). Dr. Ambedker and Untouchability: Analysing and Fighting Caste. It

envasges that the babasaheb was the pioneer of this mission i.e he always tried to make stuggle

against to untouchability and caste system which was on a bad evil in the past. To remove the

system of untouchability, reservation was necessary that was introduced by Babasaheb.

Sukhadeo Thorat & kumar (2008). B.R Ambedkar on social exclusion and inclusive politices.

This treatise mentions that the methodology of Dr. Ambedker was to make the socity prosperous

that is why he made long chase for the promulgation of reservation in the socity.

(Planning Commission, Government of India, 2007) A study was conducted by Centre for

Research, Planning and Action on career perception of SC/ST students in India. The study

covered the students pursuing various courses like Medicine, Engineering, Agriculture, and

Management besides ordinary graduation and post-graduation. The area of this study was states

like Uttar Pradesh, Tamil Nadu, Gujarat, West Bengal and Delhi. In this study approximately

4
www.mea.gov.in/attach/amb/Volume_17_01.pdf

5
80% of the employers have felt that the SC and ST students are equally capable as others.

Overall about 70% of the employers were found to be not in favour of reservation in

appointments but majority of employers were from upper castes. An important finding of this

study was that more than three fourths of Heads of Institutions were of the views that the

performance of SC and ST students was at par with upper castes students. Majority of heads of

Institutions approximately 65 percent stated that only few special provisions are made for the SC

and ST students such as free books or books at subsidized rates in all the states

SIGNIFICANCE

The main significance of bringing reservation in the constitution is to

implement the concept of equality before law

In simple terms, reservation in the india is provide to women, depressed

class and the minority in some specific areas which is about to reserve

seats in the government , jobs educational institutions and even legislature to

certain section of the population.

Due to opportunities granted, these people get various opportunities that

might not grabbed easier with using the ladder reservation .Not only

economical establishment , it also help to bring their social identity which

was buried due to the scourage of untouchability , discrimination on the behalf

of gender, ignornance off giving equal opportunity due to weaker economical condition

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RESEARCH METHODOLOGY
Doctrinal research methodology

OBJECTIVES

1) The research of bringing Reservation for the demolition of the age- old

caste system

2) The study to give light on the emergence of some depressed section

whoever have faced historical injustice due to their caste and gender identity.

3) One of the major objective to present reservation as a positive and

constructive measure to bring the equality [ ARTICLE 14]

4) This research also covers the newest clause (4A) which was inserted in

ARTICLE 16 to enable the government to provide reservation in promotion.

5) This research aims not only to provides Reservation in educational institutions

and the government jobs, also provides specific representation through reservation

of seats for SCs and STs in the state legislative Assemblies respectively. [

ARTICLE 330 and ARTICLE 332]

6) The study aims to signify the POORNA PACT which was signed after the

repeal of separate electorates for depressed class.

7) It seeks to examine the role of Mandal Commission whereby OBCs were

included in the ambit of reservation and also on the new amended

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 Reservation policy of 10 percent for the economically backward class of General

category.

RESEARCH QUESTIONS
1) Whether the enactment of reservation really bring equality or not? If yes

then Which Particular Communities have benefited from the reservation ?

2)

CHAPTER 2- EQUALITY DEMONSTRATE ITSELF AS A PROMINENT OUTCOME OF

RESERVATION

Addressing the first question, the scope for reservation for the Backward Classes is promised

in Part III of the Constitution under Fundamental Rights. Articles 16(4) and 16(4A)5 which

empowers the state to provide reservation for SCs and STs are a part of the section,

“Equality of opportunity in matters of public employment”. The right to equality is also

enshrined in the Preamble of the Constitution. Many construe that the reservation is against

Article 16 (Right to equality). But one should understand that the absence of equal

opportunities for the Backward Classes due to historic injustice by virtue of birth entails

them reservation. In other words, the right to equality is the basis of reservation as there is

no level-playing field among castes. Articles 16 (2) and 16(4) are neither contradictory nor

mutually exclusive in nature. In fact, they are complementary to each other; even Article

16(4) is not a special provision.

5
J.N.Pandey The Constitutional Law of India, 46th Ed. Reprint 2009

8
 Articles 330 and 332 deals with the reservation of seats in Lok Sabha and State Assemblies

respectively. Article 330 provides for the reservation of seats in the Lok Sabha for Scheduled

Castes and Scheduled Tribes. The number of seats reserved in any State or Union territory

for such castes and tribes will be made on the population basis. Equality is not confine up

to equal opportunities in educational institution , instead reservation policy is so vast

which brings political equality by providing specific representation through reservation

of seats for SCs and STs in the state legislative Assemblies respectively.

Honourable apex court rejects the idea of giving reservation to the economically

challenged weaker section of society , the reservation can be provided only by eating into

the SC, ST and OBC quota . In reply of that by the virtue of the 124th Constitution

Amendment Bill, 20196, passed by both Houses of Parliament by a special majority of

two-thirds of the members present and voting, which should not be less than one-half of the

total strength of the House, gives 10 percent reservation in educational areas to the

ECONOMICALLY WEAKER SECTION OF GENERAL CATERORY .

Once the Constitution is amended to add economic backwardness as a ground for

reservations, Critics arise as it still has given on the account of caste( general ) . but

point to be noted that earlier 50 percent reservation quata on the particular field

comprises all belongings to the particular depressed community , no matter whether

they are econically challenged or not . This imply that eventhough some are

economically weak also can got the benefits of 50 percent reservation policy based on

caste. Not prominently but yes we can say to some extent that the said amended
6
https://prsindia.org/billtrack/the-constitution-one-hundred-and-twenty-fourth-amendment-bill-2019

9
 reservation policy also bring equality but this time on the context of economically

weaker section .

Whether reservation for women in Parliament is the right tool for empowerment may be

debatable, it is certainly true that women of this country have a long way to go before they

can achieve their potential. They are hampered by low levels of education, lack of access to

health care, lack of employment, and low social status which manifests in crimes such as

female foeticide, dowry deaths and domestic violence. On the other hand the position of

women in Indian politics is becoming stonger day by day, with strong female political

figures in our country. To increase the participation of women in the parliament, Women's

Reservation Bill was introduced in the upper and lower house, but is still pending in Lok

Sabha, despite its reintroduction.

Women's Reservation Bill is a pending bill in the Parliament of India which proposes to

ammend the Constitution of India to reserve 33 percent seats in the lower house of the

parliament, Lok Sabha, and in all state legislative assemblies for women.

Here are all the facts about the details and the journey of the Women's Reservation Bill7:
1. The Women's Reservation Bill was initially introduced in the parliament on September 12,

1996. The bill was introduced in Lok Sabha by the United Front government

2. The main aim of this bill is to reserve 33 percent seats in Lok Sabha and all state

legislative assemblies for women.

3. Reservation Criteria- As per the bill, the seats will be reserved on a rotational basis. The

seats would be determined by a draw of lots in such a way that a seat would only be reserved

7
https://www.thehindu.com/news/national/womens-reservation-bill-the-story-so-far/article6969294.ece

10
 once in every three consecutive general elections.

4. Vajpayee led BJP government pushed for the bill in Lok Sabha but it still wasn't passed.

5. UPA-I government, led by Congress, again introduced the bill to reserve seats for women

in Lok Sabha and legislative assemblies in May 2008.

6. After its reintroduction, the bill was passed by Rajya Sabha on March 9, 2010, but was

still left pending in Lok Sabha.

Though there has not been any major development regarding the passing of Women's

Reservation Bill in the recent times but we can consider all such above cited efforts as

a slight bit stuff toward the women empowerment or GENDER EQUALITY through

reservation.

3) Where does the reservation applied in india and how much , is that sufficient or it
may increase its diameter?

CHAPTER 3 - AN OUTLOOK OF RESERVATION POLICY IN INDIA

PRE- INDEPENDENCE

In 1932, the ‘depressed class’8 led by Ambedkar demanded for separate electorate like that

of Muslims, and other minorities. The Prime Minister of Britain, Ramsay Macdonald also

conceded the award to the depressed classes.

But to save the life of Gandhiji who had begun a fast unto death at the Yeravadh prison of Poona,

8
INDIAN POLITY by Laxmikanth – 6th Edition.

11
against the communal award to depressed classes, Ambedkar and other depressed class leaders

agreed to modify the award. As a result, Poona Pact was signed. Under this agreement instead of

separate electorates, reservation of seats was provided.

POST – INDEPENDENCE
After independence, the reservation policy became more explicit and clear as it had support of

Indian Constitution. Before going further, the concept of SC, ST and OBC is required to be

stated as these communities are the prime movers and beneficiaries of reservation policy.

Concepts of SC, ST and OBC:

SC:

The term ‘scheduled caste’ was coined by the Simon Commission in 1927. During the colonial

period, the SCs were addressed by various terms. Ambedkar termed them as depressed class –

referred to those classes or categories of person who were poor and exploited, and socially and

ritually degraded, whereas Gandhiji called them as Harijans – the children of God. But since the

enactment of the Government of India Act, 1935, they have been generally referred to as

‘scheduled castes’. They are also referred to as ‘dalits’.9

After independence, the Constitution of India made a provision (Article 341) specifying the

social groups which were to be treated as SCs by the Government of India and States. As there is

no definition of scheduled castes in the Constitution, according to Article 341(2), “The President

may, with respect to any state or union territory, after consultation with the governor, specify the

castes, races, or tribes which shall for the purposes of the constitution be deemed to be SCs in

9
INDIAN POLITY by Laxmikanth – 6th Edition

12
relation to that state or union territory”.

The President of India passes orders from time to time specifying the names of SCs in the

country. Earlier, these groups were classified on ritual basis, but now the criteria adopted for the

inclusion in the SCs list are social, economic and educational backwardness, arising out of the

stigma of untouchability. However, a person claiming to be SC should profess either the Hindu

or the Sikh or the Buddhist religion (Muthuswamy and Brinda, 2002).10

ST:

The term ‘tribe’ has never been defined with any scientific precision. Of course, some superficial

and empirical characteristics are attributed to the term, namely homogeneity, isolation and

non-assimilation, territorial integrity, consciousness of unique identify, animism (now defunct),

but religion all pervasive, equity, multi-functionality of kinship relations, segmentory nature of

the socio-economic units, frequent cooperation for common goals etc.

However, deeper studies pointed out that defining a tribe with such characteristics in the Indian

context is particularly difficult, given the high degree of social and ethnic diversity that exists in

the country and due to frequent interaction between the tribal and non-tribal (Pathy, 1999;

Kosambi, 1965).

It is difficult to list the ethnic features that are common to all Indian tribes since India’s tribal

world exhibits a high degree of diversity. After independence, however, the Commission for

Scheduled Castes and Scheduled Tribes listed common features which tribes shared among
10
Swamy’s Complete Manual on Establishment and Administration
by Muthuswamy And Brinda

13
themselves.11

These were:

(i) Tribes live away from the civilized world in the inaccessible part lying in the forest hills;

(ii) Tribes belong to one of the three stocks – Negrito, Australoid or Mongoloid;

(iii) The members of a tribe speak the common dialect;

(iv) Tribe practise primitive religion known as animism in which they worship ghosts and spirits;

(v) Tribes follow primitive occupations such as hunting and food gathering;

(vi) Tribes are largely meat eaters;

(vii) Tribes are pleasure seekers – they are fond of food and drinks (SC/ST Commission Report,

1952).

However, not all tribes in India share the above features. In fact, it is extremely difficult to find a

tribe with all above features. There are significant social and cultural differences that exist

among the tribal people in India. Thus, it is difficult to specify the exact features of a tribal

society.

After independence, the Constitution of India made a provision (Article 342) specifying the

social groups which were to be treated as scheduled tribes (STs) for official purpose. According

to Article 342, “The President may, with respect to any state or union territory and where it is a

state, after consultation with the governor, by public notification, specify the tribes or tribal

communities or parts of, or groups within tribes or tribal communities which shall for the

11
https://www.britannica.com/place/India/Caste

14
purpose of this constitution, be deemed to be STs in relation to that state or union territory”.

Unlike SC “a person of the scheduled tribe may profess any religion” (Muthuswamy and Brinda,

2002).12 In 1971, the list of scheduled tribes contained 527 names. However, within the tribe a

further distinction was made during the Fifth Five-Year Plan. Those STs which were

educationally and socially more backward and nearly isolated, surviving at pre-agricultural level,

and had a declining or nearly constant population, were placed separately in a list of primitive

tribes. There are 75 such communities in India. Some examples are Jarwa, Onge, Great

Andamanese and Sentinel of Andaman Island.

A person not belonging to SC/ST by birth will not be deemed to be a member of SC/ST by virtue

of marriage with a person belonging to SC/ST. Similarly, a person belonging to SC/ST by birth

will continue to belong to that category even after marriage with a person not belonging to

SC/ST. If a SC person converted to a religion other than Hinduism/Sikhism/Buddhism,

reconverts himself back to these religions, he will be deemed to have reverted to his original SC

status, if he is accepted by the member of that particular caste as one among them.

OBC:

The term ‘backward classes’, as originally used around 1919 by political leaders, referred to a

section of population which was backward in a socio-economic sense. It did not limit itself to the

matrix of caste. The term ‘backward classes’ encompassed the depressed classes, the aboriginal

tribes and other backward classes (OBCs).

12
Swamy’s Complete Manual on Establishment and Administration
by Muthuswamy And Brinda

15
Even the Constitution is not clear about the OBCs. While the constitution clearly says that

special provisions must be made for the SCs and STs, it does not mention the OBCs. It only

refers to “social and educationally backward classes of citizens, in addition to the scheduled

castes and scheduled tribes”. In clause 4 of Article 15 regarding the prohibition of

discrimination, it says that “nothing in this article or clause 2 of Article 29 shall prevent the state

from making any special provision for the advancement of any social and educationally

backward classes of citizens or for the scheduled castes and the scheduled tribes”. Thus, the state

is permitted to make provision for the following: socially and educationally backward classes of

citizens; scheduled castes; and scheduled tribes.

Again, in Article 1613 which provides for equality of opportunity in matters of public

employment, the clause 4 says, “nothing in this article shall prevent parliament from making any

provision for the reservation of appointments or posts in favour of any backward class of citizens

which in the opinion of the state is not adequately represented in the service under the state”.

Thus, though Constitution used the qualifying phrase “socially and educationally” in Article

15(4), the first obstacle before the state was to define backward classes. As SCs and STs are

listed on separate categories, identifying backwardness purely on the basis of caste or Hindu

religion was unjustifiable as groups could be backward in non-Hindu and intermediate caste

communities too.

However, the Constitution provides for the appointment of a ‘commission’ to investigate the

conditions of backward classes (Article 340).

The Kaka Sahaeb Kalelkar Commission14 was appointed in 1953, with the following terms

13
ARTICLE 16. Equality of opportunity in matters of public employment
14
Raju .C.B, Social Justice & The Constitution of India (with reference to sc’s and st’s

16
of appointment:

(a) To determine the tests by which any particular class or group of people can be called

‘backward’;

(b) To prepare a list of such backward communities for the whole of India;

(c) To examine the difficulties of backward classes and the recommend steps to be taken for their

amelioration.

The Commission submitted its report in 1955 and used four criteria for identifying the

OBCs:

(a) Low social position in the traditional caste hierarchy of Hindu society;

(b) Lack of educational progress among majority of a particular caste/community;

(c) Inadequate representation in government services;

(d) Inadequate representation in trade, commerce, and industry.

The Kalelkar Commission submitted its report to the government in 1955, but the tests

recommended by the commission appeared to the government to be too vague and wide to be of

much practical value. The report had considered 70 per cent of the Indian population as

backward comprising a list of 2,399 castes and communities. The Centre also did not accept

caste as criteria for defining social and educational backwardness.

Thus, the Centre finally decided in 1961 not to draw up any list for OBCs and advised the states

17
to draw up their own lists using economic rather than caste criteria. A number of states initiated

process for improving the conditions of backward classes.

The government of Bihar introduced the policy of job reservation for 128 backward castes and

communities in 1978. It fixed an income ceiling of Rs 12,000 per annum per family as the

qualifying criteria. Earlier in 1972, a backward classes commission appointed by Karnataka

Government with L.G. Havanur as chairman, however, had rejected the criteria of income and

occupation and prepared list of backward classes based on the criteria of caste and economic

standing.

Before the union government implemented the Mandal Commission recommendations, there

were eight states which had made reservations for the backward classes: Andhra Pradesh, Bihar,

Jammu and Kashmir, Karnataka, Kerala, Maharashtra, Tamil Nadu and Uttar Pradesh. Despite

instruction from the Centre for economic criteria, most of the states however, decided to adopt

caste as their basic criteria for drawing the list of backward classes.

The judiciary has also been frequently called upon to deliberate on the issue of the identification

of backward classes. In the Balaji vs State of Mysore Case 1963, the Supreme Court rejected the

specification of backward classes on the basis of caste, as had been done by the Mysore

Government.

The court held the view that though the caste of a group may be relevant in identifying its

backward class status, the importance of caste should not be exaggerated. It felt that caste was

not synonymous with class. However, in the Rajindran case 1968, the judiciary was of the view

that “a caste is also a class of citizens”. Again in the Periakaruppan case (1973), it said that “a

caste has always been recognised as a class”.

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In 1978, the Government of India appointed the Second Backward Classes Commission under

the chairperson of B.P. Mandal. The Commission submitted its report in 1980 observed that

backwardness is both social and educational. Caste is also a class of people.

CHAPTER 4 – CONCLUSION AND RECCOMENDATION

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 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 possible.

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