The caste based reservation system has all been in controversies, discussions, and riots type’s perturbation in India. Some are in favour of and others are against the policy. The adherents believe that the system can protect and uplift the weaker section in the society. On the other hand, the adversaries argued that casted based reservation cannot improve the condition of economical weaker section. This research article explores the issues related to caste based reservation in India. This study is based on the quantitative and qualitative survey conducted through a questioner formulated and circulated to randomly selected people. Data collected through Google form in the second week on July 2021. This paper also studies the Judicial Approach toward reservation.
Keywords: – Caste Based Reservation, Weaker Communities, Education System, Caste System, Politics, And Judicial Approach.
INTRODUCTION
The caste reservation is always been a debatable topic among society. The basic tenet of reservation in India is one of the form of providing protection and preferential treatment to a weaker section of people so that they can rise there status that’s why government introduced Article 16 in the constitution of India which provides reservation of jobs employment to the socially and economically weaker sections in the society. We will start with caste system to understand the concept of caste reservation.
Origin of caste system
There are several theories behind the origin of the Caste system, according to a theory in Rigveda, the first human (Brahma) in our universe destroyed himself to create our society. People of different caste (varna) form by their different body parts. Brahmins[1] were formed from the head of brahma, Kshatriyas[2] were formed from the arms, Vaishyas[3] were formed from the thighs, and Shudras[4] were formed from the feet of brahma. In this caste division theory Dalits[5] were not categorised in this classification, that is why they are also called avarna[6].
Another theory state that the caste of the person is depends on the deeds (karma) of the past life. If someone does good deeds in their past life they were born as Brahmins. According to this theory if any person wants to be reborn in upper class in the next life then they should work dutifully within their own caste[7]. Some people says that it isn’t the caste that decides our occupation, rather it is the other ways round, since Brahmins were more knowledgeable so they become the teachers of the society, but it isn’t only the Brahmins that can become teacher other people can also seek knowledge and become brahmans. The brahman women could also marry a Kshatriya or a Vaishya man but marrying a shudra man is restricted. According to these theories the caste system was a little fluid and anyone could become upper class by gaining knowledge, but as the time passed the caste system become more rigid[8].
Pre-Independence
In the 19th and the 20th century there were some people who took concrete measures against the caste reservation system. Shahuji Maharaj was the first person in India to implement reservation in Kolahapur, On 26 July 1902, Shahu Chhatrapati, only 28 then, issued a historic document in the gazette of the Karveer (Kolhapur) state. It was a notification in English that reserved 50% of government posts for backward class candidates[9]. Two days later, the England-returned Chhatrapati issued the same notification in Marathi, as it was their administrative style[10]. History had been made, as developments that followed confirmed.
The biggest contribution in 20th century against caste reservation system has arguably been that B.R Ambedkar. He was demanding separate representation for the lower caste that he also referred to as “oppressed” or “depressed” class in against of both British and Brahmans[11]. He organised a depressed class congress in 1930 in Nagpur and declare that for the safety of the depressed classes they needed independence from both the British and the Congress[12]. In August 1932, British Prime Minister Ramsay Mac Donald accepted the demands of Dr. Ambedkar and decided to a lot separate electorates for the depressed classes[13]. When Gandhiji got to know that the British has granted separate electorate to the depressed class, he announced a fast into death because he believed that this policy will create chasm between Harijians and the rest of the Hindu[14]. But Dr. Ambedkar remained on his demand; he believed that a separate representation was the way to uplift the depressed classes. But when Gandhiji’ health began to deteriorate Ambedkar negotiate, this negotiation was known as ‘Poona Pact’. This provided joint electorates to the depressed classes which increased the reserved seats from 78 to 148[15].
Post-Independence
After the independence the depressed classes were given reservation and political representation in both education and public employment, for political representation the joint electorates system is continued. This results, out of 543 lok sabha seats 84 seats have been reserved for the SC, 47 seats for ST. when the constitution is being drafting in 1950, Article 15 and 16 were added which allows special provision for socially and educationally backward classes in terms of education and public employment. In proportion of population 15% of seats are reserved for SC and 7.5% seats for ST[16].
In 1993 the Government goes one more step forward and extended the reservation for OBCs, as per Mandal Commission Report 27% reservation were granted to OBCs in government jobs and educational institutions. This will brought the percentage of reserved seats to 49.5%[17].
The Mandal Commission, established in 1979 by the Central Government, was to identify and protect the socially or educationally backward people. It was also set up to consider the question of seat reservations and quotas for people to redress caste discrimination on the criteria of social, economic, and educational indicators to determine backwardness. Initially, special provisions and concessions for the educational advancement of backward classes of people were given and later on it was converted into caste reservations in educational institutions and for jobs[18].
There was special power given to the State Governments to extend the reservation for the rest of the communities that is why Maharashtra Government talks about reservation for the Marathas, Rajasthan Government talks about reservation for Gujjars, Haryana Government talks about reservation for the Jatts.[19]
The 93rd Constitutional Amendment (2005) basically changes the entire landscape of education. As before this amendment, the reservation was not applied on the private educational institutes, but when Article 15 was amended and clause 5 was added, which says that the Government can make special provision for the development of any socially and educationally backward classes of citizens or for Schedules Castes (SC) or the Schedules Tribes (ST) in educational institutions including private educational institutes. This provision not applies on the minority educational institutions referred in clause (1) of the Art. 30. This amended cannot be challenged under Art.15 or sub clause (g) of clause (1) of Art. 19[20].
In 2019 Modi Government break the 50% rule of reservation and granted 10% reservation to Economical Weaker Sections (EWS) belonging to the general category in higher educational institutes, which brought the total percentage of reservation at almost 60%[21].
LITERATURE REVIEW
Some related literature found on caste base reservation issues were briefly reviewed below:
Anand Teltumbde in his article “Can Caste-Based Rallies Be Banned?[22]” published in Economic and Political Weekly (2013) discussed the PIL filed in Allahabad High Court to ban the caste based rallies in Uttar Pradesh. The BSP version “will continue the caste based rallies”.
In another article, Anand Teltumbde “Reservations within Reservations: A solution[23]” (published in Economic and Political Weekly; 2009) commented on the initiatives led by Prakash Ambedkar who suggested on the reservation for scheduled castes (SCs) have disproportionately gained by a single sub caste in every state in the Council of intellectuals (Mumbai), and further he discussed on the solution in the seminar organised in 2009.
M. Shahbaz Saeed explores explores the Indian caste system and how the caste became an instrument of polities in India in his article “Caste System in India and Its Impact on Politics[24]” published in Institution of Strategic Studies Islamabad (2007)
Divya Vaid described the caste system, and its salient characteristics, transformations perceived in Indian societies, and provides a specific view of caste transformation with an emphasis on socioeconomic and labour market in her article “Caste in Contemporary India: Flexibility and Persistence[25]” published in Annual Reviews (2014)
R.B. Bhagat in his article “Caste Census: Looking Back, Looking Forward[26]” published in Economic and Political Weekly (2007) enumerated the various caste censuses in independent India, which includes population of castes and tribes according to central government list.
Sukhadeo Thorat, a well-known educationist and top official of UGC in their article “Reservation And Efficiency: Myth And Reality[27]” which was published in the Economic and Political Weekly (2005) emphasis given on anti-discrimination policies to remove caste discrimination on labour market by corporate sector to create competitiveness for economic growth in nation.
Surinder S. Jodhka, described and argue the reservation policies in the private sector, which was demined by corporate sectors in the article “Caste & the Corporate Sector[28]” published in Indian Journal of Industrial Relations (2008), and finds that very lower percentage of Dalits or Muslim OBC candidates in the corporate sectors jobs.
A. M. Shah in their article “Caste in the 21st Century: From System to Elements[29]” which was ,published in Economic and Political Weekly (2007) discussed the notion of caste as a system in rural rather than the urban community and studies the individual caste in context of both rural and urban communities.
C. Basavaraju in the article “Reservation under the Constitution of India: Issues and Perspectives[30]” published in Indian Law Institute (2009) explains the concept of reservation contemplated in the constitution of India with perspectives to the judicial approach towards reservation.
Sukhadeo Thorat and Katherine S. Newman in there article “Caste and Economic Discrimination: Causes, Consequences and Remedies[31]” published in Economic and Political Weekly (2007) mainly study the discrimination with particular reference to the caste system in context of social exclusion, economic consequences, and remedies against discrimination.
MATHODOLOGY
In this article ‘Quantities and Qualitative’ mix methodology approach was adopted. The structured questioner was formulated based on the related literature reviewed under study and circulated among the 300 people. The data collected using Google form through online sent on various WhatsApp groups. 286 people were responded, in which 213 are students, 55 are service persons, and 17 are others. 170 female and 115 male (95.3% are Upto 35 years), in which 130 are post graduate or higher, 131 are graduates, and 24 are under graduate or below. The figures were taken directly from the analytic of Google doc and was analysed.
ANALYSIS OF QUESTIONS
Q1. Do you know that the ‘Caste Reservation System’ exist in India?
Figure 1
Out of 286 people 285 people responded in which 88.1 % (253) of then admitted that the Caste reservation system exist in India, 4.2 % (12) replied as maybe, and 7.7 % (22) responded that the caste reservation system did not exist in India.
Q2. Do you think that there is any need for Caste based Reservation in India?
Figure 2
Out of 286 people 285 people responded in which 50.2 % (143) people think that there is no need for Caste based reservation in India, 38.2 % (109) people thinks that there is need for Caste reservation in India, and remaining 11.6 % (33) replied as maybe.
Q3. Do you think that Caste Based Reservation has improved the economic and social status of ST/SC/OBCs?
Figure 3
Out of 286 people, 55.2 % (158) people agreed that caste based reservation has improved the economic and social status of ST/SC/OBCs, 28.7 % (82) people think that the economic and social status of SC/ST/OBCs is not improved, and 16.1 % (46) people replied as maybe.
Q4. Whether the benefit of Reservation is really reaching to the targeted people?
Figure 4
Out of 286 people, 52.9 % (150) people think that the benefit of reservation is not reaching to the targeted people, 28.1 % (80) people think that the benefit of reservation is reaching to the targeted people, and 20 % (58) people replied as maybe.
Q5. Do you want Caste Reservation System in Education System?
Figure 5
Out of 286 people, 55.6 % (161) people do not want reservation system in Education System, 36.7 % (101) people want the reservation system in education system, and 7.7 % (24) replied as maybe.
Q6. Do you want to continue the Reservation system in Professional Education such as Medical, Engineering, Judiciary, etc.?
Figure 6
Out of 286 people, 62.1 % (180) people think that there is no need to continue reservation system in professional education, 30.9 % (85) people wants to continue the reservation system in professional education, and remaining 7 % (21) people replied as maybe.
Q7. Do you want Caste Reservation System in Government’s jobs?
Figure 7
Out of 286 people, 58.4 % (170) did not want reservation in government jobs, 35.7 % (102) people want reservation in government jobs, and remaining 6.5 % (19) people replied as maybe.
Q8. Do you think that Caste Reservation is just an Instrument of politics?
Figure 8
Out of 286 people, 49.3 % (141) people agreed that caste reservation is just an instrument of politics, 24.1 % (68) people think that caste reservation is not an instrument of politics, 20.9 % (61) people replied as maybe, and remaining 5.7 % people give their thoughts.
Q9. Do you think that the Caste Reservation System challenge equality?
Figure 9
Out of 286 people, 58.6 % (171) people agreed that caste reservation system challenge equality, 27.7 % (76) people think that the caste reservation system did not challenge equality, and remaining 13.7 % (39) people replied as maybe.
Q10. Whether Caste Reservation System shall be abolished in India?
Figure 10
Out of 286 people, 48.1 % (139) people wants to abolish the caste reservation system in India, 32.5 % (92) people wants the caste reservation system in India, and 19.4 % (55) people replied as maybe.
JUDICIAL APPROACHES TOWARDS RESERVATION
In Champakam Darairajan v. State of Madras[32], the Madras Government has reserved the seats in State Medical and Engineering Colleges for the Marathas. This was challenged as unconstitutional under the ground of Art. 46, but the Supreme Court struck down the order as it was violated the Art. 15(1) and observed that Directive Principles cannot override the Fundamental Rights. As a result the Parliament brought an amendment and amended the Art.15 and inserted clause (4)[33].
There is no limit for providing reservation so In Balaji v. State of Madras[34], the Supreme Court held that the government order reserving 68 % of seats available for admission to the engineering, medical and other technical colleges is unconstitutional and ultra vires the equality provision. The court declared 68 % reservation unreasonable as it affects the merit candidates. The court also fixed the limit for reservation in the educational institutes and public employment to 50 %. But it is unfortunate that the 67 year old 50 % reservation rule is still there, as the status of depressed classes is improved now the need to reconsider this rule and reduce the limit to 30 %.
In T. Devadasan v. Union of India[35], the issue is raised, whether the 50 % reservation rule laid down, is applicable to those posts which were carried forward for the next year also. As a result of the application of carry forward rule, the vacancies of reservation went Upto 64 %. It would destroy the right under Art. 16(1) and Art. 14 of the constitution it was challenges as unconstitutional. The Supreme Court found, in particular, that “no exception can be made for marginalized groups in matters relating to salaries, promotions, compensation, pension, and age of superannuation. The Supreme Court struck down the carry forward rule as unconstitutional and declared it invalid[36].
In Chakaradha Paswan v. State of Bihar[37], the question arise that, whether the reservation can be extended even to a single post in a cadre? Court heavily relied on Balaji and Devadasan for the quantum limit of reservation and held that no reservation should exceed 50 percentage even in the circumstance of carry forward rule” and that no reservation could be made under Article 16(4) so as to create a monopoly. This judgement was overruled in Madhav v. Union of India[38]; Supreme Court held that reservation will be provided even to the isolated post on the basis of rotation or roster system. In Chandigarh v. Faculty Association[39] the Supreme Court held that were there is single post in a cadre, the same cannot be reserved either directly or by the device of rotation of roster point. If the reservation is made to a single post cadre the amount of reservation will become 100 % which is impermissible and ultra vires to the constitutional mandate of equality.
COUNCULSION AND SUGGESTIONS
After analysing all the aspect of Caste Based Reservation issues, the Caste based Reservation should be replaced by Economic Weaker Section. The reservation of Economic Weaker Section should be for the citizen irrespective of the caste, class, religion, creed, and colour in the country. The basic principle of reservation is to protect and uplift the weaker sections of the society to empower them for mainstream. In present time, caste based reservation not fulfil the basic principles, so parliament and judiciary should amended to remove the caste based reservation system. The caste based reservations create inequality, unfair completion, discrimination among the youth and the society. For the better uplift of economic weaker section the reservation should be implied to private sectors also.
The 50 % rule of reservation laid down by the Supreme Court in Balaji case is need to be reviewed and Parliament will make an amendment to the Constitution to change the limit of reservation from 50 % to 30 % as of now the development of depressed classes witnessed everywhere, since 1963.
A constitutional amendment shall also be made to remove reservation from the Professional Educational Institute such as medical, engineering, and judiciary. As these three are main stream field and extremely important for the society. The admissions would only be done on the basis of the merit that is only the valid reason for anyone to be in these professions, as the knowledge is very important and due to reservation it compromised, in the form an undeserving candidate entry to the profession which spoils the society.
As far as possible, there will be need of coordination and collaboration in judiciary, which shall interfere with the socio-economic programmes launched by the state, so that they may review the social programs in the interest of the society, and political system may not become an instrument of voting politics based on caste system.
* Student of B.A.LL.B 2nd Year in Noida International University.
[1] In the past Brahmins were known for their intelligence and knowledge and it was also believed that they were responsible for the education.
[2] They were known for their power and considered as warriors.
[3] They were trader.
[4] They were considered lower among all and only allowed to do menial jobs in the society.
[5] They were those people who don’t have any varna and they are given the task of cleaning.
[6] British Broadcasting Corpoation, https://www.bbc.com/news/world-asia-india-35650616 (last visited on July 1, 2021).
[7] Manali S. Deshpande and Harold Kerbro, History of The Indian Caste System and Its Impact on India Today, Digital Commons, https://digitalcommons.calpoly.edu/cgi/viewcontent.cgi?referer=https%3A%2F%2Fwww.google.com%2F&httpsredir=1&article=1043&context=socssp.
[8] Nikul Joshi, Caste System in Ancient India, World History Encyclopaedia (Nov. 20, 2017), https://www.worldhistory.org/article/1152/caste-system-in-ancient-india/.
[9] Cultural India, https://www.culturalindia.net/reformers/shahu-chhatrapati.html (last visited on July 7, 2021).
[10] Ibid.
[11] Helen M. Nugent, The communal award: The process of decision-making, Taylor and Francis Online (May 8, 2007), https://www.tandfonline.com/doi/abs/10.1080/00856407908722988?journalCode=csas20#:~:text=The%20Communal%20Award%2C%20announced%20by,to%20Anglo%2DIndians%20and%20Indian.
[12] Ibid.
[13] Ibid.
[14] Columbia Education, http://www.columbia.edu/itc/mealac/pritchett/00ambedkar/timeline/1930s.html (last visited on July 8, 2021).
[15] Ibid.
[16] Government of India, http://mea.gov.in/Uploads/PublicationDocs/19167_State_wise_seats_in_Lok_Sabha_18-03-2009.pdf (last visited on July 7, 2021).
[17] Report on the Backward Classes Commission, I & II Government of India, 1980, http://www.ncbc.nic.in/Writereaddata/Mandal%20Commission%20Report%20of%20the%201st%20Part%20English635228715105764974.pdf.
[18] Ibid.
[19] Ibid.
[20] Arkodayroy1, Constitutional Validity of the 93rd Constitutional Amendment, Legal Service India, http://www.legalservicesindia.com/article/100/Constitutional-Validity-of-the-93rd-Constitutional-Amendment.html.
[21] Samanwaya Rautray, 50% celing can be broken: Government in SC on 10% EWS quota, The Economic Times (Aug. 1, 2019, 7:29 AM), https://economictimes.indiatimes.com/news/politics-and-nation/will-decide-if-pleas-against-10-quota-are-to-be-referred-to-constitution-bench-says-sc/articleshow/70453115.cms?from=mdr.
[22] Anand Teltumbde. Can Caste-Based Rallies Be Banned?, 48 Economic and Political Weekly No. 32, pp. 10-11 (2013), https://www.jstor.org/stable/23528017.
[23] Anand Teltumbde, Reservations Within Reservations: A Solution, 44 Economic and Political Weekly, No. 41/42, pp. 16-18 (2009), https://www.jstor.org/stable/25663671.
[24] M. Shahbaz Saeed, Caste System In India And Its Impact On Polotics, 27 Strategic Studies, No.1, pp. 108-126 (2007), https://www.jstor.org/stable/45242383.
[25] Divya Vaid Caste In Comtemporary India: Flexibility And Persistence, 40 Annual Review of Sociology, pp. 391-410 (2014), https://www.jstor.org/stable/43049541.
[26] R.B.Bhagat, Caste Census: Looking Back, Looking Forward, 42 Economic and Political Weekly, No. 21, pp. 1902-1905 (2007), https://www.jstor.org/stable/4419628.
[27] Sukhadeo Thorat, Reservation And Efficiency: Myth And Reality, 40 Economic and Political Weekly, No.9, pp. 808-810 (2005), https://www.jstor.org/stable/4416261.
[28] Surinder S. Jodhka. Caste & the Corporate Sector, 44 Indian Journal of Industrial Relations, No. 2, pp. 185-193 (2008), https://www.jstor.org/stable/27768188.
[29] A. M. Shah, Caste in the 21st Century: From System to Elements, 42 Economic and Political Weekly, No. 44, pp. 109-116 (2007), https://www.jstor.org/stable/40276753.
[30] C. Basavaraju, Reservation Under The Constitution Of India: Issues And Perspectives, 51 Indian law Institute, No. 2, pp. 267-274 (2009), https://www.jstor.org/stable/43953443.
[31] Sukhadeo Thorat and Katherine S. Newman, Caste and Economic Discrimination: Causes, Consequences and Remedies, 42 Economic and Political Weekly, No. 41, pp. 4121-4124 (2007), https://www.jstor.org/stable/40276545.
[32]AIR 1951 SC 226.
[33] The Constitution (First Amendment) Act, 1951.
[34] AIR 1963 SC 649.
[35] AIR 1964 SC 179: (1964) 4 SCR 680.
[36] Id. Para 17.
[37] AIR 1988 SC 959.
[38] (1997) 2 SCC 332.
[39] AIR 1998 SC 1767.
Author : MANUJ GAUTAM