ABSTRACT

In India , the reservation system has been in place for decades as a means to provide equal treatment and opportunities to underprivileged groups and communities. Despite the fact that reservations have been successful in strengthening some groups, they have also come under condemnation for splitting society and inciting discontent among youth, who claim they are being denied equal chances and opportunities because of their caste and communities. It is important to understand that reservations only provide short-term respite from the problem of inequality and do not offer any long-term relief. This paper explores the consequences of reservation system in India and how gradually it is leading to social fabrication of society .

Section I of this paper discusses the historical context of reservations in India and the current reservation policy. Section II deals with criticism faced by reservation policy and reasons for breaking the barriers . Also , by using extensive data and analysis it examines the recent cases and studies of reservation system in abroad. Section III highlights future prospects for inclusiveness and potential drawbacks and implications. Lastly, the study concludes by breaking obstacles in path of reservation via introducing merit-based system.

Reservations have led to unrest among different communities and have not been able to eradicate social prejudices fully; therefore by introducing merit based system , it will likely to create a country which is free from discrimination and will provide equal opportunities and social justice to its citizens. By executing the above-mentioned points, we can move towards a better future of reservation in India that will be truly united and progressive.

KEYWORDS: Reservation, Underprivileged groups , Social Fabrication, Discrimination , Merit-based System , Equal Opportunities , Social Justice.

INTRODUCTION

Reservations have always been a point of contention in Indian society. The reservation system aims to level equal opportunities for the socially backward groups or communities. But , decades later, the outcome of reservation system have been less than desirable, outraging the general youth . The system has created a path for a culture that undermines meritocracy and places a greater emphasis on caste-based politics. Reservation is a system that still exist in Indian society and has not been eliminated by government of India. Reservation was created to ensure social justice and equality for all country residents, regardless of their social status in a society. Reservation laws are made to ensure that marginalised communities can compete on an equal footing with those from more privileged communities. The idea of a reservation policy was put in place ¹so as to value every culture and caste and to make society well balanced . But the reality is far more nuanced. Reservation policy has been posing detrimental repercussions to society and dividing various groups and communities.

This paper seems to highlight effects of reservation system and how it has influenced the issues that contemporary India is currently dealing with . The notion of removing reservation is to create true equality in India. In this research paper the benefits of adopting merit based system is explained , also a greater emphasis on potential drawbacks of reservation system is put in place , suggesting ushering time when reservation system are abolished in India. It is a wholesome strategy for making India healthy and prosperous.

RESEARCH METHODOLOGY

The author of this work employed a theological approach to research. To make this research paper high-quality and legible, it has been written by consulting secondary sources of information such as books, research articles, research papers, histories, biographies, and internet websites.

LITERATURE REVIEW

The implications of India’s reservation policy have been examined in a number of studies that have already been published. These studies have analysed economic and social repercussions and how they have influenced many facets of society.

1. INDIA’S RESERVATION POLICY IN HIGHER EDUCATION BY MICHAEL WALTON ¹

The reservation system negatively impacted higher education, according to research by

Michael Walton titled ‘ India’s Reservation Policy in Higher Education,” which also

¹ Thomas E. Weisskop , Impact of reservation on admission to higher education in India , 39 , ECONOMIC

AND POLITICAL WEEKLY , 4339 , 4339 (2004)

² Balagopal G , Reservations : A socio-legal perspective , BLING , ( June 10,2023,6:02 PM ) , https://balagopal.org/reservations –a –socio –legal –perspective/.

³ LOCAL CIRCLE , https://m –www.localcircles.com/a/press/page/general –caste –reservation , ( June 10,2023,6:04 PM )

highlights how this reservation has degraded academic standards so , As per the study , reservation developed huge social polarisation and gave certain sections of society huge entitlements.

2. RESERVATION AND ANTAGONISM BY BALAGOPAL G ²

According to ‘Reservation and Antagonism ‘ a noteworthy study by Balagopal G, the reservation has led to caste based division which in turn has aggravated political fragmentation . The article further argues that reservation are not the most effective means to accomplish social justice and equality for a wholesome world.

3. NATIONAL SAMPLE SURVEY BY NIKHIL DEY AND ANIL CHAMADIA ³

According to survey by , Nikhil Dey and Anil Chamadia ‘ Support for reservation : Analysis of a national sample survey ‘ Reservations are an essential means to provide equal foothold to socially backward communities or groups . Maximum of people who participated in that claims that reservation is an efficient way as well as it should remain as it is in place for the betterment of society.

4. CASTE BASED RESERVATION IN INDIA BY VIRGINIUS XAXA ⁴

Last but not least, Virginius Xaxa’s book ‘ Caste-Based Reservation in India ‘ investigates the influence of caste-based reservation on multiple dimensions of society. This book evaluates policy, education, job prospects, health, and the welfare of society in order to shed light on the social impact of caste-based reservation in India.

A large body of research has been done on structure of Indian reservation system exploring many dimensions of it as well as its repercussions. It is quite clear from this research that reservation has both pros and cons, but a well-balanced reservation system can surely benefit India.

HISTORICAL CONTEXT OF RESERVATION IN INDIA

In India, reservations date back to the time before independence. There are 28 states and 9 union territories in India, all of which gained independence from the British Empire in 1947. The State of Madras v/s Smt. Champakam Doraijan case was the first lawsuit involving reservations in India. In this case, the First Amendment in Republic of India regarding reservation was adopted by the Supreme Court⁵. Muslims and Anglo-Indians received the communal prize in 1902, and got their seats reserved in the Legislative Council. Contrarily, lower caste Hindus were generally denied access to the political system; as a result, the distinction between upper and lower castes has subsequently become hazy.⁶²

Dr. BR Ambedkar and a drafting team decided to fix all the historical injustices done to lower caste Hindus and other disadvantaged minorities when they wrote the Indian constitution after 1947. William Hunter and Jyotirao Phule proposed the concept of reservation in 1882.⁷

Because of communal award , The Poona Pact was signed by Mahatma Gandhi and Dr. BR Ambedkar, in order to provide justice for and to uplift the immigrant community of dalits, which includes SC and ST.⁸ To recognise and promote socially backward people, Prime Minister Morarji Desai established the Mandal Commission in 1979 and Prime Minister VP Singh altered it once more in 1990 by establishing a 27% reservation quota for providing reservation quota to OBC’S in government sector also, The second decision was made in 1992 in the case of Indra Sawhney v. Union of India, in which the Supreme Court affirmed the rule granting 27% OBC and 10% economically disadvantaged parts of the population work opportunities.⁹ A fundamental right that guarantees the right to equality is Article 14 , It is essential for Democracy or the rule of law as this right has been deemed to be more fundamental than any other in our constitution because Article 14’s reservation policy would be violated if equal opportunities were denied.¹⁰ The prohibition of discriminating against any citizen on the basis of religion, race, or any other factor is emphasised in Articles 14 and 15.¹¹ Reservations are solely intended to alleviate the extreme level of inequality that exists in Indian society among the underprivileged. The reservation system has undergone numerous revisions in post-independence India in terms of seats and rewards, yet it is frequently blamed for creating political divisiveness and social and economic inequality.³

²⁴ CSSSCAL , https://cssscal.org/pdf/unicef/OP_Virginius_Xaxa.pdf , ( June 10 , 2023 , 6:06 PM )

⁵ State of Madras v. Champakam Doraijan , AIR 1951 SC 226

⁶ Diksha Sharma , what is the history of reservation in India ? , LAW INSIDER INDIA , ( June 10 , 2023 , 6;10 PM) , https://www.lawinsider.in/columns/what –is –the –history –of –reservation –in –india .

⁷ Diksha sharma , what is the history of reservation in India? , LAW INSIDER INDIA , ( June 10 , 2023 , 6:15 PM ) , https://www.lawinsider.in/columns/what –is –the –history –of –reservation –in –india .

⁸ WIKIPEDIA , https://en.m.wikipedia.org/wiki/Poona_Pact#:~:text , ( June 10 , 2023 , 6:17 PM )

⁹ Indra Sawhney v. Union of India , AIR 1993 , SC 477

¹⁰ INDIAN KANOON , https://indiankanoon.org/doc/367586/ , ( June 10 , 2023 , 6:24 PM )

¹¹ CONSTITUTION OF INDIA , https://www.constitutionofindia.net/articles/article –15 , ( June 10 , 2023 , 6:26 PM)

¹² Rajatkumar01 , The concept , origin and evaluation of reservation policy in India , LEGAL SERVIVE INDIA , (June 10 , 2023 , 6:30 PM ) , https://www.legalserviceindia.com/legal/article –6526 .

¹³ Diksha Sharma , What is the history of reservation in India? , LAW INSIDER INDIA , ( June 10 , 2023 , 6:40 PM ) , https://www.lawinsider.in/columns/what –is –the –history –of –reservation –in –india .

¹⁴ SCROLL , https://scroll.in/article/1037537/does –the –ews –judgment –remove –the –50 –cap , ( June 10 , 2023 , 6:45 PM )

CURRENT RESERVATION POLICY

Among many social groups, the reservation policy in India continues to be an emotive topic. India’s reservation policy is a little bit more discerning than those of other nations. The plan includes reserving a certain percentage of educational institutions, government positions, and political representation for economically disadvantaged groups, schedule castes, schedule tribes, and other backward classes.There were a total of four castes in the ancient world: Brahmin, Kshatriya, Vaishya, and Sudras. Sudras were seen as underprivileged and impure, whereas Brahmins were regarded as the most eminent and upperclass .¹² At the moment, reservations are offered on the grounds of caste and economic backwardness, respectively. It is highlighted in Articles 15(4), 15(5), and 15(6) of the Indian Constitution to guarantee backward classes or marginalised people equal access to everything, including health and education also in Articles 16(4) and 16(6) for economically disadvantaged classes highlight the same.¹³

According to the current reservation policy, SC, ST, and OBC have a 15%, 7.5%, and 27% reservation quota in all educational institutions and government services, respectively. Except for the general category, there are 49.5% total reservations but Due to EWS , the limit was raised to 59.5% with the 103rd amendment in January 2019.¹⁴ The reservation tactics has been productive in giving vulnerable groups in institutions chances. One can infer a rise in the percentage of SC, ST, and OBC students in higher education and in politics, but lower grades are lowering the calibre of educational institutions and harming their reputations. Due to castebased reservations, political conflicts are at an all-time high. As a result, a good reservation system must be put in place in order to preserve a healthy balance and encourage pluralism in society.⁴

CRITICISM ABOUT RESERVATION PROCESS

The reservation policy in India is unquestionably an admirable move towards advancing oppressed people, but it has also come under fire from an array of sectors.

The creamy layer issue is the first objection levelled at the strategy. As the name implies, the creamy layer is a wealthy subset of the reserved category that has already attained social and economic prestige. These are the individuals who have attained financial and social

¹⁵ Arkodayroy1 , Creamy Layer : The Mandal Commission view , LEGAL SERVICE INDIA , ( June 10 , 2023 ,

6:50 PM ) , https://www.legalservicesindia.com/article/535/Creamy –Layer:–The –Mandal –Commission View.html .

stability but still get benefit from the reservation system, keeping the less fortunate out of the system.¹⁵

The second one is a cultural issue that builds up walls of division based on social, economical, and cultural status, and people of lower caste may feel themselves to be low and in a position of discomfort. It also follows a divide and rule policy which substantially leads to the separation of society which ends in turmoil among different sections and affects the national integration.
It also gives people with very low merit who are able to land jobs at prestigious educational institutions and government agencies an unneeded benefit. They only rely on the governmentprovided quotas and reservations and have complete faith in them that they will get a seat, which results in poor productivity and a decline in quality norms. Due to their exclusion from the list despite their merit, this causes resentment and discontent in the unreserved group.

CASE STUDIES AND RESEARCH FROM ABROAD

Studies and investigations from throughout the globe have demonstrated that foreign nations have implemented successful measures to get rid of prejudiced concerns and to foster inclusivity and a merit-based system. Case studies include, among others:

1. AFFIRMATIVE ACTION IN THE UNITED STATES ¹⁶ : The United States’

affirmative action programme, introduced in 1960, tries to make up for historical wrongs committed against African Americans as It deals with the methodical adjustments needed to remove the obstacles minorities encounter in obtaining decent education and jobs also , This effort broadens the job market and lessens discrimination by giving women and individuals of different races additional chances.

AUSTRALIA’S INTEGRATION POLICY ¹⁷ : Designed to promote integration by removing linguistic and cultural obstacles , It rejects the notion of community separation and seeks to advance multiculturalism due to which An inclusive society was established as a result of this policy’s that helped in national integration.
THE GERMAN DUAL EDUCATION SYSTEM ¹⁸ : It has developed training programmes for its employees that are intended to meet the demands of the labour market; it works collaboratively to ensure that everyone has the chance to develop their skills through exposure to practical training; it has prioritised meritocracy and selects employees who are skilled and hardworking regardless of their social or economic status.
THE UNITED KINGDOM SOCIAL MOBILITY COMMISSION ¹⁹ : It was created in 2018 with the intention of eliminating inequality and advancing selection standards that are based on ability. Additionally, it strives to eliminate communal and financial constraints that keep people from pursuing merit-based training and employment. It creates a comprehensive strategy to deal with the nation’s financial and social challenges.

5. THE CANADIAN CHARTER OF RIGHTS AND FREEDOM ²⁰ : It was founded in

1982 to remove discriminatory views from a nation’s legal system; as a result, Canada is currently one of the world’s most transparent, compassionate, and peaceful nations.⁵

India can dismantle macroeconomic and political hurdles to become a nation without reservations by fostering fairness and tolerance by studying all these international tactics.

INDIA WITHOUT RESERVATION

● PROSPECTS OF INCLUSIVENESS

India has always been a diverse nation with many different castes, religions, races, and languages. The India of today, however, is far different from the one that our Constitution’s authors had in mind. Inequality and discrimination still plague Indian society. Our Constitution has affirmative action guidelines in the form of reservations in order to address this problem and guarantee equality. But there have been strong reasons for and against reservation, making the topic a hotly contested one. Some contend that the merit-based hiring process is hampered by reservations, while others insist that everyone deserves an equal shot. Despite the drawbacks, there are a few noteworthy advantages to India’s reservation system. First and foremost, it has already improved the quality of life and educational opportunities for many formerly underprivileged neighbourhoods. These communities now have access to

¹⁶ WIKIPEDIA , https://en.m.wikipedia.org/wiki/Affirmative_action_in_the_United_States , ( June 10 , 2023 ,

7:00 PM )

¹⁷ R.G. Hausefeld, An Integration Policy for Australian aboriginal groups , 34 , JSTOR , 6 , 33-34 (1963). ¹⁸MAKE IT IN GERMANY , https://www.make –it –in –germany.com/en/study –training/training –in germany/vocational/dual –system#:~:text , ( June 10 , 2023 , 7:15 PM )

¹⁹ WIKIPEDIA , https://en.m.wikipedia.org/wiki/Social_Mobility_Commission , ( June 10 , 2023 , 7:20 PM )

²⁰ CANADA.CA , https://www.canada.ca/en/canadian –heritage/services/how –rights –protected/ , ( June 10 , 2023 , 7:25 PM )

opportunities for learning and work that were previously out of reach because of reservations. Additionally, it has contributed to the increase in diversity across several societal sectors.

The reservation system has the capacity to swiftly accelerate development and will foster inclusive growth in India in the future. However, in order for it to be effective, there needs to be more attention paid to the marginalised communities’ opportunity and skill-building requirements as well as misgivings. Additionally, the India’s reservation system has to be completely overhauled because it has become cumbersome and bureaucratic.

Reservations in India encounter a complicated future. It is essential to have a reservation system that is just, well-managed, and transparent which aspires to help underprivileged groups in society. We require a comprehensive approach that guarantees the participation of all groups and people, and works on the policy of inclusion rather than exclusion to create a policy which can benefit the society in a positive way .

● POTENTIAL DRAWBACKS AND IMPLICATIONS

A reservation-free system may be seen as a way to address a number of injustice, inequality, and title-related problems, however making India a nation without reservations has its own concerns and repercussions that everyone must take into account.

SOCIAL RESISTANCE: Dismantling reservations could result in backlash because, as we now know, they have been in place for many years in India and are widely regarded as a good and beneficial system that has corrected all wrongs in history and unfair practises committed against marginalised groups. It will also take some time to inform and persuade people of the advantages of an India without reservations.
SOCIAL INEQUALITY: Social inequality is yet another challenge society may encounter. It will exacerbate disparities in society since those who are reserved and actually belong to marginalised groups may not have the chance to stand up for them and may lack the necessary skills to take benefit of prospects. A society which is becoming more divided and uneven as a result.
LACK OF DIVERSITY : If reservations are eliminated, diversity in educational institutions or the workforce would suffer since minorities won’t have a chance to rise up for themselves and, as a result, won’t have any prospects. They will be removed, which could lead to the creation of a representation that is only one colour.
POLITICAL CONSEQUENCES : Everyone is aware that minority groups or communities are at times referred to as the vote banks of different political parties. Eliminating reservations may result in the dissolution of certain organisations, and as a result, political parties may experience a lack of support during an election.

As a result, removing reservations offers benefits of its own, but there may also be consequences and negatives that should be taken into account by each individual.

SUGGESTIONS

Here are some recommendations for removing obstacles and enhancing the current system, with the long-term objective of establishing a society devoid of reservations: –

The most effective tool for revolutionising India now is education. Investments in education are required so that the government can offer underprivileged populations a high-quality education that will increase their awareness and competence.
Prime Minister Narendra Modi placed a strong focus on entrepreneurship, arguing that starting one’s own business and creating jobs for many people is preferable to working for others. They will gain more independence as a result. The government must promote training and offer avenues for businesses to raise finance.
When talented individuals work for India, there is a good probability that the country will meet all of its goals quickly and develop into a developed nation with a high GDP and per capita income.
Supporting various campaigns, trainings, mentoring, and coaching will greatly enhance the logical and analytical skills of the disadvantage group, enabling them to compete in every field with the majority group.
Discrimination still exists in India. This caste, religious, and gender discrimination issue must be addressed in order to have a society without reservations.
It’s critical to address the concerns of all stakeholders, including social activists, educators, lawmakers, etc., in a constructive discussion so that India may receive long-term benefit from this old structure reservation system.

CONCLUSION

In conclusion, it is clear that removing the obstacles and achieving a reservation-free India will involve a difficult and protracted road. However, it is achievable if all parties involved work together and put forth relentless effort. Affirmative action initiatives and open policies can increase benefit distribution and guarantee that everyone has an equal chance at success. A level playing field on the job market can be achieved through promoting entrepreneurship and educating all facets of society. Initiatives to combat social prejudice, ensure fair hiring practises, and promote constructive discussions can also hasten India’s transition away from reservations. It is crucial to keep in mind that building a just and inclusive society is a continuous effort as we move forward. We can only eliminate the reservation system and build a more just society for all if we work together and undertake shared responsibility.

NAME : Mahak Rajpal .

YEAR : Upcoming 1^st year student .

COLLEGE : Amity Law School , Jaipur , Rajasthan .

BREAKING BARRIERS : A STEP TOWARDS RESERVATION-FREE INDIA