India, a nation abundant in cultural heritage, stands as the world’s largest democracy, seventh-largest by area, and the most populous globally. Despite its significant influence in the Asian subcontinent and global politics, India grapples with a complex history marked by inequality, limited equal opportunities, and exclusivity. Generations of certain castes have endured discrimination and oppression. To address these challenges, the constitution introduced a policy of reservation.
Reservation is divided into two key categories:
- Caste-based reservations
- Reservations based on economic status.
In this research paper, I will be analysing the government’s reservation for economically-weaker sections, exploring its evolution, advantages, loopholes, criticisms, and court cases regarding this topic.
Keywords
EWS, reservation, equality, empowerment, problems
Introduction
India is a country having a federal structure comprising 28 states and 8 Union territories, the country is woven with cultural richness and resilience historically. Despite its diversity, the nation has faced challenges stemming from a turbulent past of invasions and colonial rule. With Hinduism as the predominant religion, India functions as a democracy with a federal structure, where the President serves as the nominal head at the national level, and the Prime Minister, aided by the council of ministers, holds the actual governance duties. At the state level, the Governor assumes a nominal role, while the Chief Minister, along with cabinet ministers, holds the actual authority.
Independence from British colonial rule in 1947 marked a pivotal moment in India’s history, yet the spectre of discrimination persisted, depriving citizens of equitable access to developmental opportunities. The deeply rooted caste system perpetuated non-inclusive growth, favouring the upper caste and marginalizing the lower castes. This imbalance further extended to economic disparities, hindering those with lower incomes from realizing their full potential due to limited access to quality education and facilities.
In response to these challenges, the government implemented special reservations for economically-weaker sections (EWS), seeking to uplift individuals from both upper and lower castes. However, this progressive policy has faced persistent opposition, with some political factions aiming to dismantle it for electoral gains. The Supreme Court, a battleground for legal debates, witnessed numerous cases and review petitions concerning EWS reservations, reflecting the contentious nature of this affirmative action.
While reservations have been a crucial tool for social upliftment, concerns linger about the neglect of the general caste and the necessity to balance meritocracy for overall national development. Acknowledging the evolving landscape, the narrative underscores the critical need for respecting merit and talent as foundational to scientific progress and national advancement. Against the backdrop of constitutional amendments, such as Article 334 for SC/ST reservations, Article 14 emphasizing equality for all citizens, and the 124th constitutional amendment addressing reservations for economically-weaker sections, this research aims to explore, analyse, and provide insights into the complex dynamics surrounding reservation policies in India.
Research Methodology
Research methodology is indeed a crucial aspect of any research endeavour, determining the approach and techniques employed to collect and analyse data.
This paper is of descriptive nature and the research is based on secondary source for the deep analysis of the reservation in India and the status of Economically Weaker Sections of society. The secondary sources of information like newspapers, jourlans, and websites are used for the research.
Review of Literature
I have reviewed the following literature for my research paper.
•The Reservation System in India-An evaluation of political reservation and poverty reduction–
Upon Indian independence, the Indian government’s legitimacy became closely tied with its ability to integrate the large historically marginalized population into the mainstream Indian political institutions. Even before independence, Indian leaders started advocating for preferential treatment for groups that had experienced economic and socio-political discrimination based on the caste system. The 1950 Indian Constitution mandated representation for the marginalized groups in the Lok Sabha, the Lower House of Parliament for Scheduled Castes and Tribes. Over the years, amendments to the Constitution expanded the requirements for minority representation in state and local governments, known as the Reservation System. This paper looks at the effectiveness of the political Reservation System by looking at the correlation between democratic representation and the reduction of poverty among historically oppressed groups. The study indicates political representation for the Scheduled groups is correlated with increased poverty levels. However, land ownership and government expenditure on development are correlated with the reduction in poverty levels. Surprisingly, the state’s GDP has little impact on the poverty levels.
The paper starts with the history of caste discrimination in India. The author has done a
fantastic job of going deep into the history of caste discrimination, but at no
point does the reader feel bored while reading the paper. The research paper
contains 49 pages and the writings of some of the most famous scholars like,
Hegel and Nancy Fraser are mentioned. This research paper is a good read as
it is very unbiased.
• Caste and reservation in India-Soma Mandal-Jadavpur University– This
research paper is all about the history of how the reservation policy was framed.
The research paper also highlights the role of BR Ambedkar, and his
contribution towards seeking reservation for the Scheduled castes and
scheduled tribes. Various legislations are also mentioned in this paper.
• 124th Constitutional Amendment: Reworking Reservation System-Ritika
Saxena-JUS CORPUS Law journal– The government has recognized this issue many times and had also addressed it in their many speeches. In May 2018, the Prime Minister addressed the issue in his speech by saying, “The government wants the most backward in OBCs to benefit more from reservation within the given limit. We have formed a commission to look into the sub-categorization of the OBCs”. In past, the issue was being addressed to sub-categorize the classes which already exist in the society and gaining the benefits of the reservation system but through the 124th Constitutional Amendment Act, the issues faced by the upper class were addressed and resolved bit. “124th Constitutional Amendment Act brought changes under articles 15 and 16 of the constitution. Article 15 talks about the Prohibition of discrimination on grounds of religion, race, caste, sex, or birthplace, whereas Article 16 deals with Equality of opportunity in matters of Public Employment. 2” Clause 6 was added after clause 5 under Article 15, which says that State shall not be prevented from making any special provision for the advancement of Economically Weaker Section (EWS) of the society3 and such provision made shall be related to admission in the educational institution including the private institution, whether aided by the government or not aided by the government. It should be made prominent that the classes mentioned in clauses 4 and 5 of Article 15 shall be excluded from the classification of EWS. Further Clause 6 was also added to Article 16 of the constitution, which says that the state shall not be abiding by making any provision in respect of the Economically Weaker Section (EWS) of the society in the matter of reservation of appointments or posts in their favour. The classes mentioned under clause 4 of the Article shall be excluded from gaining the benefit of the same.
This paper is on the 124th constitutional amendment passed by the parliament in 2019. Backward classes are that class of people who lack any opportunities in many fields. They are also classified under SC, ST and OBC. After independence, these classes were struggling socially and economically.
• A study on reservations in the educational sector for the economically weaker sections- Gopalan KR- Savitha University-March 2020– This study by Gopalan KR explores the practice of reservations in the education sector for economically weaker sections. The study was conducted at Savitha University in March 2020 and provides insights into the effectiveness of reservation policy in providing equal opportunities for students from weaker backgrounds. The study highlights both the positive and negative impacts of reservation policy and aims to contribute to the ongoing debate on affirmative action in education. The landmark case of Champakam Dorairajan is mentioned in this paper. This paper explains the needs for reservation and the benefits gained by the oppressed people.
Caste-based reservation
The policy of reservation in India is often traced back to the historical caste-based discrimination prevalent during ancient times. This analysis explores the origins of reservation, its historical context, key figures in the Dalit movement, and the impact of reservations post-independence.
Historical Context:
- Caste Discrimination in Ancient Era:
- Shudras, known as the lower castes, faced severe discrimination and were excluded from mainstream society.
- Dalits, formerly Shudras, were subjected to indignity, restricted access to resources like wells, and faced societal prejudices.
- Occupational Hierarchy:
- Caste discrimination was tied to occupations, with Brahmins at the top and Shudras engaged in manual scavenging, occupying the lowest rung.
Dalit Movement and Colonial Rule:
- Colonial Rule and Dalit Upliftment:
- The “depressed classes” began demanding their rights during colonial rule.
- Gopal Baba Walangkar and Dr. B.R. Ambedkar played pivotal roles in advocating for Dalit rights.
- Ambedkar and the Constitution:
- Dr. B.R. Ambedkar, a Dalit himself, was a key architect of the Indian Constitution.
- The term “Dalit” signifies being scattered and broken, later renamed “Harijan” by Mahatma Gandhi.
Post-Independence Reservations:
- Reservations post-Independence:
- After independence, Dalits received political backing and rights due to their significant role as a potential vote bank.
- Reservations were introduced as a means to address historical injustices and uplift marginalized communities.
- Constitutional Provisions:
- Caste-based reservations are provided under Article 15(4) and Article 15(5) of the Indian Constitution.
- Reservations extend to government educational institutions, jobs, and legislatures, as outlined in Article 334.
Contemporary Impact:
- Development and Backing:
- The post-independence era witnessed the development of Dalit communities as reservations provided opportunities for education, employment, and political participation.
- Evolution of Reservation Policy:
- Reservations have evolved to include Scheduled Castes and Scheduled Tribes in various sectors, contributing to social inclusion and diversity.
Economically-weaker Section (EWS)
The economically-weaker section (EWS) category in India, designed for administrative purposes, extends benefits to families with an annual income below 8 lakhs, excluding those falling under SC, ST, and OBC quotas. This initiative provides reservations in government jobs and admission to government institutions, aiming to offer opportunities to economically disadvantaged individuals. While the program is lauded for aiding those unable to afford quality education and public employment, it has faced opposition from certain political factions.
Critics argue that the introduction of the EWS category may reduce the number of seats available for scheduled castes, scheduled tribes, and other backward classes, who often constitute a crucial vote bank for specific political entities leveraging caste-based considerations. These parties claim to safeguard the rights of lower castes, but detractors argue against the necessity of such protections.
India, known for the coexistence of poverty and luxury, experiences the misuse of caste-based reservations by affluent individuals within the SC, ST, or OBC categories. The system allows well-off families to benefit from reservations meant to uplift the socioeconomically disadvantaged. This contrasts with scenarios where economically challenged individuals from other castes, such as a landless Brahmin labourer’s child, might face barriers to accessing prestigious government institutes without the EWS quota.
Advocates for economic upliftment emphasize that government priorities should centre around fostering economic development rather than relying on caste-based considerations. They argue that caste appeasement can be detrimental to the overall development of the country. They propose that a focus on economic upliftment combined with equal opportunities for all citizens will lead to more comprehensive and sustainable national development.
Furthermore, the phenomenon of brain drain in India is attributed, in part, to the lack of opportunities for deserving and meritorious students. The intense competition for limited employment opportunities in an overpopulated country exacerbates this issue. Addressing this challenge necessitates comprehensive strategies that not only consider economic factors but also provide equitable opportunities to deserving individuals, fostering a climate conducive to retaining talent within the country.
Current definition of the EWS quota
The definition of family under the economically-weaker section (EWS) reservation stipulates that the person seeking the benefit, along with parents and siblings below the age of 18, as well as the spouse and children below 18, are eligible. The age ceiling for availing this benefit is set at 18 years. Other criteria include an annual family income below Rs. 8 lakhs, ownership of no more than 5 acres of agricultural land, limitations on the area of residential flats and plots, and the requirement of an EWS certificate to access the 10% reservation in higher education and government jobs.
Despite the government’s efforts to implement these provisions, there are challenges to the effectiveness of the EWS reservation. Many institutions continue to provide reservation solely based on the candidate’s caste, which is deemed unfair. This situation reflects a lack of adherence to the legislation passed by the government. The apparent discrimination may stem from the long-standing practice of caste-based reservations since independence, contrasting with the relatively recent introduction of the EWS quota. Regardless of the reason, the exploitation of reservation policies is evident.
Furthermore, the Scheduled Castes and Scheduled Tribes (SC/ST) Act, intended to protect marginalized communities, is also susceptible to misuse, echoing the issues seen in the reservation system. The act, designed to address historical injustices, can sometimes be weaponized, leading to targeting and the creation of issues rather than serving its intended purpose. This misuse parallels the challenges faced by the reservation system, highlighting the need for careful examination and reform to ensure that such policies achieve their intended goals without fostering discrimination or exploitation.
Debatable issues
There are few expected challenges in the implementation of this new reservation quota for the Economically Backward Class (EWS). The 50 percent cap limit on reservation accepted through the Mandal Commission is subject to judicial review. The Supreme Court shall need to lift this cap limit in reservations. The Supreme Court had many times ruled against the cap limit. If the limit is exceeded then the upper classes are most probably in a chance to not achieving any secured place in the state services and if the limit of 50 percent cap is not exceeded and the Supreme Court rejects the notion of rupturing the 50 percent limit, the Economically weaker section (EWS) quota can only be provided by cutting into the limits of SC, ST or OBCs, which is the current situation. More affirmations are needed to be recorded in regards to landholding and the yearly pay of the competitor. The workload for the administration has been increased as they are required to verify the documents. The Supreme Court in the writ petition of Janhit Abhiyan vs Union of India and Ors, said, “on the plea of the ceiling of 50% for affirmative action, it is the case of the respondent Union of India that even though ordinarily, 50% is the rule but equivalent will not put a stop to amend the Constitution itself because of the existing exceptional circumstances to strengthen the members of the social order belonging to economically weaker sections.” The States are not prohibited from increasing the cap limit; they can increase the limit for the benefit of the economically weaker section of the society. The state of Tamil Nadu has been an example of the same. It is the only state that has a quota of 69 percent. “According to the UGC guidelines, all the central universities are currently following the same reservation policy as earlier; i.e. 15 percent for Scheduled Caste (SC). 7.5 percent for Scheduled Tribes, 27 percent for Other Backward Class (OBC), and 10 percent for Economically Backward Class (EWS).”
Conclusion
The ST, SC, and OBCs, who were socially and educationally backward in the early years of independence they had taken advantage of the reservation policy. Most of them have been benefited from the reservation policies, even though many of them cannot be regarded as ‘backward’. Some of these people were backward from their castes but in reality, they are now more privileged than the people of the upper class. Thus, the reservations had been usurped by others than the weaker class of society. The decision of the court is affirmative but it should be implanted properly. Providing reservations to the needy class of the society is a great initiative but meanwhile, the government should also have to look at the aspect of slowly decreasing the reservation limit to those who have benefited from this policy for years and are now the privileged class of the society. Common criteria for providing reservations should be implemented rather than of which has been followed for decades. In my opinion, reservation should be provided only to the economically weaker sections and not to people from a certain caste. India is a secular country and therefore people from all castes and religions should be treated equally without any special privileges. Caste-based reservations are tools to divide the society and gain votes. People need to understand this. Freebies are harmful to the county in the long run. My research paper has covered all the aspects of reservation, its benefits and harms.
Name- MAYANK MRIDUL
COLLEGE- CHOTANAGPUR LAW COLLEGE, RANCHI.