Reservation Policy: An Analysis of it’s Impact and Contemporary Relevance.

Abstract:

This research paper aims to provide a comprehensive analysis of reservation policies, critically examining their impact on education, employment, and social dynamics. By assessing the challenges and criticism  associated with reservation policies and exploring alternative approaches, this study contributes to the ongoing discourse on social inequality and policy interventions. It is hoped that the findings and recommendations presented in this paper will inform policymakers, researchers, and advocates working towards creating a more equitable society.

Keywords – Reservation, casteism, discrimination , social inequality , criticism.

Introduction –

The reservation policy, also known as affirmative action or positive discrimination, is a contentious and a complex issue that has generated considerable debate and discussion. This research paper aims to analyze the impact and contemporary relevance of reservation policies in various contexts. It examines the historical background of reservation, the rationale behind its implementation, and its effects on education, employment, and social dynamics. Additionally, the paper delves into the challenges and criticism associated with reservation policies, exploring alternative approaches to address social inequality. Through a comprehensive review of existing literature and empirical evidence, this research paper provides insights into the reservation policy’s effectiveness, shortcomings, and potential future developments.

Caste System in India:

The caste system is a hierarchical social structure that has existed in India for centuries. It categorizes individuals into different social groups based on their birth, occupation, and traditional roles. The system traditionally comprised four main varnas (castes): Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), and Shudras (laborers and servants). Outside this varna system, there were numerous sub-castes and marginalized communities known as “untouchables” or Dalits, who faced severe discrimination and social exclusion.

British Colonial Rule:

The arrival of the British in India in the 17^th century and their subsequent colonization significantly influenced IIndia’s social and political landscape. The British implemented policies and administrative structures that interacted with the existing caste system, further entrenching inequalities.

Social Reform Movements:

During the 19^th and early 20^th centuries, social reform movements emerged in India to challenge social injustices and advocate for equality and justice. Leaders like Jyotirao Phule, B.R. Ambedkar, and Mahatma Gandhi played pivotal roles in highlighting the plight of marginalized communities and working towards their upliftment.

History of reservation policy –

Poona Pact and Communal Award

As India moved towards independence, the British introduced the Communal Award in 1932, which granted separate electorates for different religious and caste groups. This decision led to protests and concerns about potential communal divisions. Under the leadership of Mahatma Gandhi, a compromise known as the Poona Pact was reached, which allowed for reserved seats for the depressed classes (now known as Scheduled Castes) within a joint electorate system.

Post-Independence Reservation Policy:

After India gained Independence in 1947, the Indian Constitution, enacted in 1950, included provisions for social justice and affirmative action to address historical injustices and uplift marginalized sections of society. Articles 15(4) and 16(4) of the Constitution provided for the reservation of seats in educational institutions and government jobs for Scheduled Castes (SCs) and Scheduled Tribes (STs).

Mandal Commission and OBC Reservation:

In the 1980s, the Mandal Commission was constituted to study the social and educational conditions her Backward Classes (OBCs) and recommend measures for their advancement. The commission’s report, submitted in 1980, recommended a reservation quota for OBCs I government jobs and educational institutions. In 1990, the government implemented a 27% reservation for OBCs in central government jobs.

The reservation policy In India has been a subject of ongoing debate, with proponents arguing that it is necessary to address historical disadvantages and promote social justice, while critics raise concerns about issues like meritocracy, efficiency, and the perpetuation of caste identities. The reservation policy has evolved over time, with changes in reservation percentages and the inclusion of additional categories.

Overall, the reservation policy in implemented, driven by the need to address deep-rooted social inequalities and provide opportunities for historically marginalized communities to uplift themselves and participate in various spheres of society.

The concept of reservation came into Indian constitution after the judgement of [1]state of Madras v. Champakam Dorairajan(AIR 1951 SC 226)  .

The fact of the case was Ms. Champakam Dorairajan was denied to get admission into a medical College just because she belongs to an unreserved category.

The court held that – “by denying admission in the ground of caste is infringement of article 15 and communal government order causes infringement of FRs hence void.

After this judgement parliament made The Constitution First Amendment

EWS RESERVATION DISTRIBUTION IN INDIA:

What is the EWS Reservation distribution system?

The EWS Reservation was recently implemented by India’s central government. In Government positions and educational institutions, the economically weaker sections (EWS)

Are given a 10% quota among general category candidates. This is done by including relevant

Clauses in the Indian Constitution (103^rd Constitution Amendment Act, 2019).

It will affect everyone. Regardless of your category – general, OBC, SC, or S.T. –

the new Quota act will change the seats-share available to you (unless overturned by the Supreme Court of India).

Is The EWS Reservation System Flawed

The income criteria used to exclude OBC creamy layer has been applied to grant EWS status,

Which is Rs 8 lakh annual income. This could be due to a lack of homework or undue haste.

India’s per capita income is around Rs 1.4 lakh, and the poverty line is less than half this average2

Parliament enacted the 103rd amendment to the Constitution, amending Articles 15 and 16 of

the Constitution exactly three years ago. A new reservation category termed “economically

weaker section” was formed as a result of this alteration. The amendment was passed in a rush,

with both the Lok Sabha and the Rajya Sabha voting in favor of it and passing it within 48

hours. Despite the gravity of the new amendment, there was no discussion or debate, and no

earlier draught was disseminated. Forget about referring it to a Parliamentary Standing

Committee (made up of members from all political parties) or having the bill properly

scrutinized by the Ministry of Justice. After all, this was a crucial amendment since it impacts

our Fundamental Rights, which are stated in Articles 12 to 35.

[2]Articles 15 and 16 were amended to include additional provisions. The former prohibits discrimination based on caste, creed, religion, gender, or place of birth. And the latter ensures that everyone has an equal chance of employment. The new articles granted Parliament the ability to enact special legislation to allow for reservation in government jobs and educational institutions for people from the Economically Weaker Section (EWS). This was similar to Parliament’s ability to provide for reservations for Scheduled Castes and Tribes (which was https://unacademy.com/content/upsc/study-material/polity/state-of-madras-v-champakam-dorairajan/established in the Constitution) and Other Backward Classes:

The eligibility conditions for this ten percent reserve are intriguing.

1) Suppose your family’s annual household income is less than Rs. 8 lakhs. According to

the research, 95% of households in our nation earn less than Rs. 8 lacks each year.

On) January 12, 2018. According to Arun Jaitley, just 76 lakh people in our nation have

an income of more than 5 lakh. Individuals who earn less than Rs. 8 lakhs are classified as economically disadvantaged.

2 The second criterion is that the amount of agricultural land possessed must be less than

5 acres. However, according to the data, 86 per cent of landholdings are 5 acres or less.

3) The third condition is that your residence must be under 1000 square feet in size.

According to the data, 80 per cent of households live in homes that are 500 square feet

or less.

4) If you live in a municipality, the fourth criterion is that your residential plot must be

Less than or equal to 100 yards.

5) If it’s in a non-notified municipality, it should be less than or equal to 200 yards.

According to the fifth condition.

For instance, the people from S.C., S.T., and OBC who get selected take their seats from their

Own reservations.

As a student from a general category, you used to compete for the remaining 50% of seats.

With other students from the general category,

What will happen now after the new 10 per cent reservation? Because almost every one of them

Is eligible for the reservation, does that mean you will still be competing with the same people

For the same seats?

Now it has been divided into 40 and 10.

According to 2011 census of India in the total population of India there are 16.63% SC for which there is 15% reservation,8.61% ST for which there is there is 7.5% reservation and according to the report of Mandal commission there is 52% OBC for which there is 27 % reservation. Additionally, there is 33% reservation for women.

It means in total population of India there 75 % Backward classes and 25% population belongs to general category.

This is how the so-called reservation policy is used for dominating the person’s belonging to general category.

The objective of a reservation policy is to promote social justice, equality, and inclusivity by providing certain advantages and opportunities to historically disadvantaged or underrepresented groups. The intended outcome of a reservation policy is to address historical injustices, reduce inequality, and create a more equitable society

Here are some common objectives and outcomes associated with reservation policies:

The objective of a reservation policy is to promote social justice, equality, and inclusivity by[3] providing certain advantages and opportunities to historically disadvantaged or underrepresented groups. The intended outcome of a reservation policy is to address historical injustices, reduce inequality, and create a more equitable society.

Reservation policies are often implemented in various areas, such as education, employment, and government representation. The specific objectives and intended outcomes may vary depending on the context and the specific groups being targeted.

The main purpose or aim behind this reservation policies are:

• Representation: One objective is to ensure adequate representation of marginalized or underrepresented groups in various spheres of society. This may involve reservations in educational institutions, workplaces, or political bodies, aiming to increase the participation and voice of historically marginalized communities. But these Reservation policies have not only increased competition for limited seats or positions for general category, but also it is way to reduce their representation in educational institutions or employment sectors where reservations are implemented. General category individuals may feel that their chances of securing these opportunities are reduced due to reserved quotas.
• Equal Opportunities: The intention is to provide equal opportunities to individuals from disadvantaged backgrounds who have historically faced discrimination and barriers in accessing education or employment. By reserving a certain percentage of seats or positions for these groups, the policy aims to level the playing field and bridge the gap between privileged and marginalized sections of society. As per constitution the aim behind reservation policy is to provide equality of opportunity to all sections of society but we cannot justify this policy where near about 85% seats are reserved.  If reservation is the only way for upliftment of weaker sections, then there is no sense of the principle of meritocracy, where individuals are selected based on their qualifications, skills, and abilities. General category individuals may feel that candidates from reserved categories with lower qualifying scores or criteria gain an advantage, potentially leading to a perception of unfairness.
• Empowerment: Reservation policies often aim to empower marginalized communities by creating avenues for their socio-economic upliftment. By providing reserved quotas or preferential treatment, the policy seeks to enable individuals from these communities to overcome historical disadvantages and access opportunities that were previously denied to them. Just because some groups have no adequate representation in educational and economic opportunities in the past, we cannot start to dominate those who have well representation this lead to psychological effects on general category individuals, such as feeling marginalized or undervalued. This can occur if they perceive that their achievements are devalued or undermined due to the presence of reservations.
• Social Integration: Reservation policies can facilitate the social integration of marginalized groups into mainstream society. By providing them with opportunities for education, employment, and political representation, the policies aim to break down barriers, challenge stereotypes, and promote inclusivity and social cohesion.
• Reducing Inequality: One of the primary outcomes of reservation policies is to reduce socio-economic and educational inequalities. By providing reserved seats or positions, the policies aim to address historical disadvantages and create a more equitable society by ensuring that opportunities are accessible to all, regardless of their social background,  but the reservation policy it’s self-increases inequality between reserved and unreserved category people.

[4]Reservation Percentage for SC ST and OBC in Central Government Jobs:

ST	7.5
SC	15
OBC	27
EWS	10

Alternative measures:

• Socioeconomic-based affirmative actions
• Targeted intervention for skill development and capacity building.
• Holistic measure for social inclusion and equal opportunity.

Future prescriptive and policy recommendations:

• Balance reservation with a merit-based system.
• Removing caste as determining factor of backwardness.
• Evolution and monitoring of reservation policies.
• Strengthening complementary measures for social upliftment.

Conclusion: –

We cannot deny that the intention of the legislature behind the reservation policy is the upliftment of weaker sections and to some extent, it is helpful for them but the legislature has used caste as a sole determinant factor for backwardness which is a point of criticism. Reservation based on caste also increases casteism and discriminates against general-category people.

Hence, Reservation needs to be based on economic and social backwardness rather than caste.

Name :- Rashmi Kamari, from Narayan school of law

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1 https://unacademy.com/content/upsc/study-material/polity/state-of-madras-v-champakam-dorairajan/

[2] J.N.pandey constitution law

 

[4] https://gservants.com/reservation-percentage-for-sc-st-and-obc-in-central-government-jobs/