Reservation In India: Understanding Constitutional Provisions

what is reservation in indian constitution

Reservation in India, also known as affirmative action, is a system of positive discrimination established during the British Raj and enshrined in the Indian Constitution. It allows the government to allocate a specific percentage of quotas or seats for socially and economically backward citizens in higher education, employment, and political bodies. The reservation policy aims to correct historical injustices and provide equal access to resources and opportunities for disadvantaged sections of society, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, and economically weaker sections. While it has been a subject of debate and controversy, the reservation system has significantly influenced Indian politics and social agendas.

cycivic

History of Reservation in India

The reservation system in India is a form of affirmative action that aims to address historical injustices and provide equal opportunities to those who have been marginalised by the country's ancient caste system. The caste system, which categorised people into different groups, led to systematic discrimination and exclusion of lower castes from various social and economic activities.

The roots of the reservation system can be traced back to the 19th century when, in 1881 and 1882, demands for positive discrimination were made. In 1882, the concept of reservation based on caste was first proposed. The British introduced policies that further entrenched caste divisions during the colonial era. In 1902, Chhatrapati Shahu, the Maharaja of Kolhapur, introduced the first official reservation, providing 50% reservation for backward communities in education. This was followed by Mysore (present-day Karnataka) in 1921, which initiated reservation for backward castes after a decade-long social justice movement against the repression of non-Brahmin castes.

In 1909, the British implemented measures that recognised caste as a basis for political representation, setting the stage for future reservation policies. The Government of India Act of 1919 (Morley-Minto Reforms) included provisions for reservation, and the Madras Presidency took action in 1921, allocating 44% reservation to non-Brahmins, 16% to Brahmins, Muslims, Christians, and Anglo-Indians, and 8% to Scheduled Castes.

In 1932, the British government granted separate electorates in India for Muslims, Buddhists, Sikhs, Christians, Anglo-Indians, Europeans, and Depressed Classes (then untouchables). The Poona Pact between M.K. Gandhi and B.R. Ambedkar reserved seats for depressed castes within Hindu electorates. After India's independence in 1947, the country's constitution included provisions for reservations to ensure equal opportunities for all communities, with a focus on Scheduled Castes and Scheduled Tribes (SCs and STs). The country's affirmative action programme was launched in 1950 and remains the oldest such programme globally.

Since its inception, India's reservation system has been subject to ongoing debates and controversies regarding its effectiveness, fairness, and impact on society. While it has been crucial in addressing historical injustices and providing opportunities to neglected communities, critics argue that it perpetuates caste divisions, hinders meritocracy, and fails to adequately serve the most deserving. Amendments and extensions to the reservation system have been made over the years, reflecting the evolving nature of reservation policies and the ongoing quest for social justice and equality.

cycivic

Reservation as Positive Discrimination

Reservation in India is a form of affirmative action, or positive discrimination, that aims to uplift the historically disadvantaged sections of Indian society. It is a system of quotas that allocates a specific percentage of reserved spots in higher education, government jobs, promotions, and political bodies for "socially and economically backward citizens". The reservation system in India has a long history, dating back to the British Raj, and has been a subject of debate and controversy over its impact and effectiveness.

The Indian Constitution, which came into force in 1950, committed to providing reservations for Scheduled Castes (SC) and Scheduled Tribes (ST). The Constitution was subsequently amended several times to extend the period of reservation and to include other groups such as Other Backward Classes (OBC) and economically weaker sections (EWS). The reservation percentage in higher education institutions stands at around 50%, with the exact percentage varying by state. Maharashtra is estimated to have the highest percentage of reservation.

The reservation system in India is governed by government policies backed by the Indian Constitution and its various amendments. The Constitution enables the state and central governments to reserve seats in government services and promotions for members of SC, ST, and OBC groups. The Supreme Court of India has also played a role in shaping the reservation system, with rulings on the constitutional validity of reservation policies and the inclusion of certain groups.

The Mandal Commission, set up by the Indian Government in 1979, was tasked with identifying the socially and educationally backward classes of India and recommending steps to address caste inequality and discrimination. The Commission concluded that India's population consisted of approximately 52% OBCs and recommended that 27% of government jobs be reserved for them. In addition to Hindus, the Commission also identified backward classes among non-Hindus, including Muslims, Sikhs, Christians, and Buddhists.

cycivic

Who Benefits from Reservation?

Reservation in India is a system of affirmative action that was established during the British Raj. It allows the government to allocate a specific percentage of reserved quotas or seats in higher education admissions, employment, and political bodies for "socially and economically backward citizens". Reservation has been a subject of debate and controversy over its impact, execution, and effectiveness.

The Indian Constitution recognises three categories of beneficiaries under the reservation system: Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). These groups have historically been marginalised and disadvantaged due to the caste system in India. The reservation policy aims to promote social justice and bridge the gap between privileged and oppressed sections of society.

Scheduled Castes and Scheduled Tribes:

SCs and STs are the primary beneficiaries of the reservation system in India. They gained reservation rights in central services and other facilities for the first time in 1942. After India's independence in 1947, there were several initiatives in favour of SCs and STs, including the landmark Special Recruitment initiative for government jobs in Kerala in 1972. The Indian Constitution also ensures that SCs and STs are adequately represented in public employment, with reservations in promotions and consequential seniority for those promoted through reservations.

Other Backward Classes:

OBCs were included in the reservation system in 1991 following the recommendations of the Mandal Commission. The Commission found that OBCs comprised approximately 52% of India's population and recommended that 27% of government jobs be reserved for them. However, certain categories of individuals within the OBC community are excluded from availing reservation benefits, such as children of high-ranking officials, armed forces officers, professionals, and individuals with high annual incomes (known as the "creamy layer").

Economically Weaker Sections:

In recent years, there have been efforts to include the economically weaker sections (EWS) from unreserved classes within the scope of reservation. The 103rd Constitutional Amendment Act of 2019 introduced a 10% quota for EWS in government jobs and educational institutions, exceeding the previous 50% reservation cap. This amendment was upheld by the Supreme Court in 2022, which recognised the importance of affirmative action based on economic criteria in eradicating caste-based reservation.

cycivic

Reservation in Education

Reservation in India is a system of affirmative action that was established during the British Raj. It is based on provisions in the Indian Constitution, which allow the government to allocate a specific percentage of reserved quotas or seats in higher education admissions, government jobs, and political bodies for "socially and economically backward citizens". The reservation policy in India is governed by government policies and constitutional, statutory, and local laws.

The reservation policy in education is primarily given to three groups: Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). In 1954, the Ministry of Education suggested that 20% of places should be reserved for SCs and STs in educational institutions, with a provision to relax the minimum qualifying marks for admission by 5% if required. This was reiterated in 1980, with further initiatives in favour of OBCs and, in 2019, for the poor in the general category.

The Union Council of India has approved a 10% reservation for the Economically Weaker Section (EWS) in government jobs and educational institutions in the General category. This is in addition to the existing 50% reservation cap for SC/ST/OBC groups. The Supreme Court has ruled that total reservations must not exceed 50%, although it has permitted reservations beyond this limit for people living in remote areas.

The reservation system in education has been criticised for being unfair to those who do not fall into the reserved categories. However, supporters of the system argue that it creates a level playing field, as it is challenging for those from backward sections to compete with those who have had access to better resources for centuries.

cycivic

Reservation in Employment

Reservation in India is a system of affirmative action that was established during the British Raj. It is based on provisions in the Indian Constitution, which allow the government to allocate a specific percentage of reserved quotas or seats in higher education admissions, employment, and political bodies for "socially and economically backward citizens".

In 1942, the Scheduled Castes (SCs) gained an 8.5% reservation in central services and other facilities for the first time. After India's independence in 1947, there were several major initiatives in favour of SCs and Scheduled Tribes (STs). In 1954, the Ministry of Education suggested that 20% of places should be reserved for SCs and STs in educational institutions, with a provision to relax the minimum qualifying marks for admission by 5% if required.

The reservation for SCs and STs in government jobs was first implemented in Kerala in 1972. The 77th Amendment to the Constitution in 1995 amended Article 16 to continue with reservations for SCs/STs in promotions. It was further modified through the 85th Amendment to give consequential seniority to SC/ST candidates promoted by reservation.

In 1991, the Mandal Commission recommended including Other Backward Castes (OBCs) in the ambit of reservation. The Commission determined that India's population consisted of approximately 52% OBCs, and thus, 27% of government jobs should be reserved for them.

In 2022, the Supreme Court of India upheld the validity of the 103rd Constitutional Amendment, which provided for a 10% reservation for the economically weaker sections from unreserved classes in educational institutions and government jobs. This pushed the total reservation in central institutions to 59.5%.

In 2023, the 106th Amendment to the Constitution was passed, allocating 33% of the seats in the Lok Sabha and elected state legislative assemblies for women.

In 2021, Karnataka became the first state in India to provide a 1% reservation for the transgender community in all government services. In 2024, the Madras High Court directed the Tamil Nadu government to provide a 1% reservation for transgender people in education and employment.

Frequently asked questions

Reservation in the Indian Constitution is a system of affirmative action that allows the government to allocate a specific percentage of reserved quotas or seats in higher education admissions, employment, and political bodies for "socially and economically backward citizens". This includes the Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and economically backward classes.

The idea of a caste-based reservation system in India was originally conceived by William Hunter and Jyotirao Phule in 1882. The system of reservation was introduced during the British Raj and has been a part of the Indian Constitution since independence in 1947. The Constitution initially provided for reservations for SCs and STs, and over time, the scope was expanded to include OBCs and economically weaker sections.

The reservation policy in India continues to evolve, with various amendments made to the Constitution over time. As of 2022, the total reservation in central institutions stood at 59.50%. The percentage of reservation varies across states, with Maharashtra estimated to have the highest percentage. The reservation policy remains a subject of debate and controversy in the country.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment