The topic of reservation in government and public sector jobs in India is deeply rooted in the history of the country and has undergone many changes and amendments. This system of affirmative action is designed to provide opportunities to marginalized communities who have historically faced discrimination and social exclusion. Over time, policies related to reservation have evolved, leading to debates and legal battles, especially in the case of job promotions.
Reservation categories in government employment
In India, reservation in government jobs and educational institutions is classified into two main groups:
- Reservation Category: This includes Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Economically Weaker Section (EWS) and other minority groups. These groups have been identified as being in need of affirmative action to level the playing field due to their historical disadvantage.
- Open category: This category includes the general population, but also includes persons from SC, ST, OBC and EWS groups, who do not fall in the reservation category due to various factors, such as attaining a higher social or economic status. Within the reservation system, a special provision has been made for women, wherein they have been allotted 33% reserved seats. Preference for appointment to government and public sector jobs follows a hierarchical order based on both gender and reservation category: 1. Other Minority Women 2. ST Women 3. SC Women 4. ST Men 5. SC Men 6. OBC Women 7. OBC Men 8. EWS Women 9. EWS Men After considering all the candidates from reservation categories, the open category is evaluated. However, within the open category, the priority for appointment mirrors the priority system used in the reservation category, ensuring that marginalized groups continue to get opportunities.
Historical Background and Historical Initiatives
The idea of reservation in government jobs is not new. One of the earliest important initiatives was the special recruitment for persons belonging to Scheduled Castes and Scheduled Tribes, which began in Kerala in 1972. This initiative led by Vella Echaran was a historic step towards providing equal opportunities to marginalized communities in government employment.
Indra Sawhney Case (1992)
A significant moment in the history of reservation in India came in 1992 with the Indra Sawhney and Others vs. Union of India case. This decision of the Supreme Court addressed several important issues related to reservation, including the principle of job promotion on the basis of caste. The court ruled that reservations in job promotions were unconstitutional, arguing that they were not consistent with the principles of equality enshrined in the Indian Constitution. However, the court allowed these promotions to continue for five years as a temporary measure.
77th Constitutional Amendment (1995)
The Government of India introduced the 77th Amendment to the Constitution in 1995, before the five-year grace period granted by the Supreme Court expired. This amendment amended Article 16 of the Constitution, allowing continuation of reservation for SC and ST candidates in job promotions. This amendment was a direct response to the Indra Sawhney decision and was intended to ensure that marginalized communities continued to have access to promotions in government jobs.
85th Constitutional Amendment (2001)
Based on the 77th Amendment, the government introduced the 85th Amendment in 2001. This amendment provided consequential seniority to SC and ST candidates promoted through reservation. This meant that these individuals would retain their seniority even if they were promoted at a later date than their peers from non-reserved categories. The move was aimed at addressing the issues of stagnation and lack of representation at higher levels of government jobs for SC and ST employees.
81st Constitutional Amendment (2000)
Another important amendment was the 81st amendment, which was introduced in 2000. This amendment allowed the government to consider the backlog of reserved vacancies as a separate group separate from regular vacancies. This meant that the 50% limit on reservation did not apply to the backlog of reserved vacancies, allowing the government to fill these posts without being constrained by the normal limits on reservation.
82nd Constitutional Amendment (2000)
In the same year, the 82nd Amendment was introduced, which inserted a provision in Article 335 of the Constitution. This provision enabled State Governments to grant concessions to Scheduled Caste and Scheduled Tribe candidates in promotion. Its objective was to ensure that these historically marginalized communities continue to receive preferential treatment in promotions, even if they do not meet the same criteria as candidates from non-reserved categories.
Nagaraj Case (2006)
The constitutionality of the 77th, 85th, 81st and 82nd amendments was challenged in 2006 in the case M. Nagaraj and Others vs. Union of India and Others. The petitioners argued that these amendments violated the basic structure of the Indian Constitution. The Supreme Court upheld the amendments in its decision, but introduced an important condition. The Court ruled that state governments must demonstrate the existence of “compelling reasons” before implementing reservation in promotion. These reasons include:
- Backwardness of class
- Inadequacy of representation in government jobs
- Overall Administrative Efficiency
The Court also clarified that these amendments were only enabling provisions, meaning that state governments were not bound to implement them. However, if a state wants to implement reservation in promotion, it will have to collect quantitative data to justify the move.
Reservation in Uttar Pradesh and promotion (2007–2012)
In 2007, the Uttar Pradesh government introduced a policy of reservation in job promotions, similar to other states. However, this policy faced legal challenges. In 2011, the Allahabad High Court ruled that the policy was unconstitutional, citing the Supreme Court’s decision in the M. Nagaraj case. The Court found that the Uttar Pradesh government had failed to provide sufficient data to justify the move.
The state government challenged this decision in the Supreme Court, but in 2012 the Supreme Court upheld the High Court’s decision. The Court emphasized that any policy of reservation in promotion must be supported by valid and sufficient data to demonstrate the need for such reservation.
Current scenario and ongoing debate
The issue of reservation in job promotions remains a controversial topic in India. While the Constitution provides for affirmative action for the upliftment of marginalized communities, the implementation of these policies often leads to debates about fairness, meritocracy and social justice.
Critics argue that reservation in promotion can weaken the principle of merit and lead to inefficiencies among government employees. On the other hand, supporters of reservation emphasize the need for continued affirmative action to address the deep social and economic inequalities prevalent in Indian society.
As of now, the policy of reservation in job promotions remains a subject of legal scrutiny and political debate. State governments are required to provide quantitative data to justify the need for reservation in promotion, and any such policy must balance the principles of equity, social justice and administrative efficiency.
The history of reservation policies in India is a complex and evolving story. From early initiatives in Kerala to landmark Supreme Court cases and constitutional amendments, this journey has been marked by efforts to balance the need for social justice with the principles of equality and meritocracy. Although the debate over reservations in job promotions continues, the underlying goal remains the same: to create a more inclusive and equitable society, where all individuals, regardless of their background, have an equal opportunity to succeed.
Reservation Schemes in Education
Reservation system in India plays an important role in higher education, employment and other fields. The system is designed to provide opportunities to historically disadvantaged groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and Economically Weaker Sections (EWS). Reservation policy sets a certain percentage of seats for certain communities in schools, colleges and government jobs. This is done to help ensure equal opportunities for those who have historically faced disadvantage or discrimination. Its goal is to promote fairness and inclusion in education and employment.
Reservation Categories
There are two primary categories under which reservations are provided in India:
- Reservation Category: It includes specific communities like SC, ST, OBC and EWS.
- Open Category: This is for the general population, who does not fall in the reservation category.
In government universities, admissions are based on these categories, and reservations are applied in various aspects, such as entrance examination fees, cut-off marks and seat allotment. These reservations also apply to other government schemes aimed at supporting disadvantaged communities.
Student Aid in India
In India, various student bursaries are available for different communities, including SC, ST, OBC, women, Muslims and other minorities. However, it is notable that only 0.7% of student aid in the country is merit-based, focusing on social equity rather than academic achievement.
Reservation in institutions funded by the central government
In institutions of higher education financed by the central government, 22.5% of the available seats are reserved for SC and ST students, of which 15% are reserved for SCs and 7.5% for STs. Over time the percentage of reservation has increased to 49.5%. This was achieved by adding an additional 27% reservation for Other Backward Classes (OBCs). This means that approximately half of the available positions are now reserved for specific groups, ensuring greater opportunities for historically disadvantaged people.This reservation policy is also visible in parliamentary and electoral processes, where certain constituencies are reserved for candidates from these communities.
Additionally, some states and union territories (UTs) have implemented reservations for women, which vary from 5% to 33.33%. Its objective is to promote gender equality and ensure that women have equal opportunities in education and employment.
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