Malcolm Rivera
Reservation in India, also known as affirmative action, is a system of positive discrimination that was established during the British Raj. It is a government policy, backed by the Indian Constitution, that allows the government and states to allocate a specific percentage of reserved quotas or seats in government jobs, educational institutions, and even legislatures to certain sections of the population. These sections have faced historical injustice due to their caste identity. The reservation policy was first instituted for a period of 10 years only for representation in central and state legislatures with a periodic extension clause. However, there was no time limit given for provisions of reservation in educational institutions and government jobs. The original Constitution of India provided reservation only for quotas in legislatures, which expired in 1960.
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What You'll Learn
Reservation as affirmative action
In India, reservation is a system of affirmative action that allows the government to allocate a specific percentage of reserved quotas or seats in government jobs, educational institutions, and even legislatures to certain sections of the population. These sections, which include Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and the economically weaker sections (EWS), have faced historical injustices and social oppression due to their caste identity.
The idea of a caste-based reservation system in India was originally conceived by William Hunter and Jyotirao Phule in 1882. However, the reservation policy as it exists today was introduced in 1933 by British Prime Minister Ramsay Macdonald through the Communal Award, which provided for separate electorates for various communities, including Muslims, Sikhs, and Dalits. This led to the Poona Pact, negotiated by Gandhi and Ambedkar, which established a single Hindu electorate with certain reservations. After India's independence in 1947, several initiatives were undertaken in favour of SCs and STs, and later for OBCs and the poor in the general category. The country's affirmative action program was launched in 1950 and is the oldest such program in the world.
Reservation in India is governed by government policies backed by the Indian Constitution and its various amendments. Articles 15 and 16 of the Constitution, for example, provide for the advancement of SCs, STs, and OBCs, as well as the representation of any backward class of citizens or EWS in state services. Additionally, Article 334 of the original Constitution provided for a 10-year reservation in legislatures, which was periodically extended. The 103rd Constitutional Amendment Act of 2019 further extended reservation to economically weaker sections, providing a 10% quota in government jobs and educational institutions. This amendment also amended Articles 15 and 16, empowering the government to provide reservation on the basis of economic backwardness.
The reservation system in India has been a subject of debate and controversy, with some arguing that it violates the principle of equal access guaranteed by the Constitution. The Supreme Court of India has played a significant role in interpreting and upholding the constitutional validity of reservation policies. For example, in the 1992 Indra Sawhney vs Union of India case, the Court capped caste-based reservations at 50%, ruling that affirmative action could not violate the concept of equality. However, recent amendments and state laws have exceeded this 50% cap, leading to ongoing litigation in the Supreme Court.
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Reservation in government jobs
In India, reservation in government jobs is a form of affirmative action or positive discrimination. It is a government policy backed by the Indian Constitution and its various amendments. The reservation policy aims to provide equal opportunities for certain sections of the population that have faced historical injustices due to their caste identity.
The reservation system in India was originally conceived by William Hunter and Jyotirao Phule in 1882. However, the system, as it exists today, was introduced in 1933 by British Prime Minister Ramsay Macdonald through the 'Communal Award'. This award provided for separate electorates for various communities, including Muslims, Sikhs, and Dalits. After negotiations, Gandhi and Ambedkar signed the 'Poona Pact', agreeing on a single Hindu electorate with specific reservations.
Articles 14 to 18 of the Indian Constitution deal with the rights to equality and equal opportunities in employment. Specifically, Article 16(1) states that there should be "equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State". However, Article 16(4) allows the state to make provisions for the reservation of appointments for any backward class of citizens that are not adequately represented. This includes the Scheduled Castes (SC) and Scheduled Tribes (ST), Other Backward Classes (OBC), and the economically weaker sections (EWS).
The Mandal Commission, formed in 1978 under the chairmanship of B.P. Mandal, investigated the extent of educational and social backwardness among various sections of Indian society. The Commission found that certain backward castes were underrepresented in educational institutions and public service jobs. As a result, the Mandal Commission recommended a 27% reservation for OBCs in central services and public sector undertakings, in addition to the existing 22.5% reservation for SCs and STs. This recommendation was upheld by the Supreme Court, with a ceiling of 50% on the total reservation quota to protect the constitutionally guaranteed right to equality.
In 2019, the 103rd Constitutional Amendment Act was passed, providing a 10% reservation for the EWS among the general category in government jobs and educational institutions. This amendment recognised economic backwardness as a criterion for reservation, in addition to social and educational backwardness. The Supreme Court upheld the validity of this amendment, stating that affirmative action based on economic criteria could help eradicate caste-based reservations.
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Reservation in educational institutions
The reservation policy in India is about facilitating access to seats in government jobs, educational institutions, and legislatures for certain sections of the population. This is also known as affirmative action or positive discrimination. The policy aims to correct historical injustices done to certain castes by the so-called "upper castes". The original Constitution of India only provided reservation quotas in legislatures for 10 years until 1960 (Article 334). However, subsequent amendments to the constitution extended the period of reservation for quota in legislatures and included provisions for reservation in educational institutions and government jobs.
The two main aims of the reservation policy, as per the Constitution of India, are:
- The advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) or any socially and educationally backward classes of citizens (e.g. OBC) or economically weaker sections (EWS) - Article 15 (4), Article 15 (5), and Article 15 (6).
- Adequate representation of any backward class of citizens or economically weaker sections (EWS) in the services under the State - Article 16 (4) and Article 16 (6).
The reservation policy in educational institutions is governed by the Central Educational Institutions (Reservation in Admission) Act 2006, which aims to provide for the reservation of students belonging to the Schedule Castes, the Schedule Tribes, and the Other Backward Classes of Citizens in certain centrally recognised educational institutions. The Act defines OBC under section 2 (g) as the class or classes of citizens who are socially or economically backward.
In 2019, the 103rd Constitutional Amendment Act provided 10% reservation in government jobs and educational institutions for the "economically backward" in the unreserved category. This Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the government to provide reservation on the basis of economic backwardness. This 10% economic reservation is in addition to the 50% reservation cap.
In addition to the reservation quota, there are also other relaxations provided for various reservation categories, such as upper-age relaxations, additional attempts, and lower cut-off marks. It is important to note that a vacancy reserved for SCs, STs, or OBCs cannot be filled by a candidate who does not belong to that specific category.
The Supreme Court of India has also played a role in shaping the reservation policy in educational institutions. In the M. Nagaraj v. Union Of India case of 2006, the Court upheld the constitutional validity of Article 16(4A) and held that any reservation policy must satisfy three constitutional requirements:
- The SC and ST community should be socially and educationally backward.
- The SC and ST communities are not adequately represented in public employment.
- Such a reservation policy shall not affect the overall efficiency in the administration.
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Reservation in legislatures
Reservation in India is a system of affirmative action that allows the government to allocate a specific percentage of reserved quotas or seats in government jobs, educational institutions, and even legislatures to certain sections of the population. This is also known as positive discrimination and is backed by the Indian Constitution through various amendments.
The original Indian Constitution provided reservation only for quota in legislatures, or political reservation, for a period of 10 years until 1960 (Article 334). This was later extended through subsequent amendments to the Constitution. Reservation in legislatures is mentioned in Article 14 of the Constitution, which states that the same law should apply to those who are similarly situated.
Articles 15(4) and 16(4) of the Constitution enable the State and Central Governments to reserve seats in government services for members of the Scheduled Castes (SC) and the Scheduled Tribes (ST). The Constitution was amended by the 77th Amendment Act in 1995, which inserted a new clause (4A) in Article 16 to allow the government to provide reservation in promotions. This was further modified by the 85th Amendment Act in 2001 to grant consequential seniority to SC/ST candidates promoted through reservation.
The 81st Amendment Act of 2000 inserted Article 16 (4 B), which enables the state to fill unfilled vacancies from one year in the succeeding year, thereby nullifying the 50% ceiling on the total number of vacancies. The Supreme Court of India ruled in 1992 that reservations could not exceed 50% without violating equal access as guaranteed by the Constitution. However, recent amendments to the Constitution have exceeded this limit, and some state laws also go beyond 50%, which is currently under litigation.
In conclusion, reservation in legislatures in India was originally intended to be a temporary measure for 10 years but has been extended through various amendments to the Constitution. It aims to provide reserved seats in legislatures for SCs and STs, with a focus on promoting their advancement and addressing historical injustices. The reservation percentage has been a subject of debate, with recent amendments and state laws exceeding the 50% cap set by the Supreme Court, highlighting the ongoing evolution of reservation policies in the country.
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Reservation for Scheduled Castes and Scheduled Tribes
The Indian Constitution recognises the terms "Scheduled Castes" (Anusuchit Jati) and "Scheduled Tribes" (Anusuchit Janjati). These groups comprise around 16.6% and 8.6% of India's population, according to the 2011 census. They are among the most disadvantaged socio-economic groups in the country.
The Constitution (Scheduled Castes) Order, 1950, lists 1,108 castes across 28 states in its First Schedule. The Constitution (Scheduled Tribes) Order, 1950, lists 744 tribes across 22 states in its First Schedule. Since India's independence, the Scheduled Castes and Scheduled Tribes have been granted Reservation status, which includes political representation, preference in promotion, university quotas, free and stipended education, scholarships, banking services, and various government schemes. The Constitution also lays down the general principles of positive discrimination for these groups.
The caste system in India originated about 2,000 years ago and has been influenced by various dynasties and ruling elites, including the Mughal Empire and the British Raj. The Hindu concept of Varna historically incorporated occupation-based communities. Some low-caste groups, such as those formerly known as "untouchables", were considered outside the Varna system. These communities were referred to as the "Depressed Classes" during British rule and constitute modern-day Scheduled Castes.
The term "Dalit", meaning "broken" or "dispersed", has been used to refer to many castes under the Scheduled Castes category. However, the Indian government refrains from using this term due to its derogatory and controversial connotations. Similarly, the term "Adivasi", meaning "original inhabitants", is also avoided in official usage to prevent the reinforcement of native and immigrant distinctions and stereotypes.
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Frequently asked questions
Reservation in India is a system of affirmative action that allows the government to allocate a specific percentage of reserved quotas or seats in government jobs, educational institutions, and even legislatures to certain sections of the population. These sections have historically faced injustice due to their caste identity.
The Indian Constitution allows for reservation, or affirmative action, for "socially and economically backward citizens". The Constitution has been amended over time to include various forms of reservation, including for Scheduled Castes (SCs) and Scheduled Tribes (STs), Other Backward Classes (OBCs), and the economically weaker sections (EWS) of society.
The Supreme Court of India has played a significant role in shaping the reservation policy. Notable rulings include the 1992 ruling capping caste-based reservations at 50%, the 1993 ruling that reservations in job promotions are "unconstitutional", and the 2024 ruling permitting states to create sub-quotas for SCs and STs within their reservation schemes.
