This will allow the desired system for better equality within the society to be implemented in India. Undoubtedly, this is mainly for people to protect others who have otherwise, throughout history, remained on the unprotected side. Ideally, its main purpose remains to provide equal opportunities for people from the underprivileged class or those coming from their respective economic standards. Such a ratio in a seat of a political entity, a government job, even in an educational institution follows such a mechanism of reservation process.
This links the concept of reservation to the Indian Constitution, which came into effect on 26 January 1950. It was felt that there were some backward classes within the society that needed development, and hence special treatment for SC, ST and OBC classes was felt to be the need of the society. Even though it was first introduced for a very short period of years and this period has been increasing over time.
It was the British rule, when the first step of significance in reservation was achieved through the Government of India Act, 1935, which already included reserved seats in legislative bodies for certain communities. After the independence of India, Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, took a very important step by bringing reservation in the Constitution for the upliftment of Dalits and tribes, once called untouchables.
This reservation policy, over the years, was extended to other backward classes based on the recommendations of the Mandal Commission of the year 1980. Today reservation can be found in education, jobs in government sectors and representation in political fields and varies from state to state. State in percentage.
Although the reservation system has opened up opportunities for many people from marginalized communities, it remains a much debated topic. It exacerbates caste divisions, while some believe that it is the only way to eradicate the inequalities that still exist in Indian society.
History of Reservation
Systems of reservation or quotas began taking shape even before India became an independent nation in 1947. Most of these were for disadvantaged and underrepresented communities in both education and government jobs.
1. Early Calls for Reforms and Initiatives
The cause for affirmative action or positive discrimination was articulated in some circles much earlier, as early as the year 1882 and 1891. At that time the institution of caste and social hierarchy was quite deep-rooted, and a certain community of a certain region was marginalized at this time. Chhatrapati Shahu Maharaj is among the first to make significant contributions towards the idea of reservation. The Maharaj was one of the princely rulers of Kolhapur.
He made an extremely meaningful provision in 1902 by reserving 50% of all posts for backward communities, who were none other than non-Brahmins. His idea was to uplift them and provide them with opportunities they have been deprived of in history. He believed that everyone should be educated, regardless of caste or creed. And he started opening many hostels for this purpose. The reforms undertaken by Shahu Maharaj were rooted in his dream of a classless society and the abolition of untouchability.
2. Mysore Movement
An important step towards reservation was taken in the princely state of Mysore in 1918. There was growing resentment among the people towards their state machinery and educational institutions dominated by predominantly Brahmin officials. Non-Brahmin organisations demanded reservation to correct that imbalance. To such demands, Maharaja Nalwadi Krishnaraja Wadiyar of Mysore formed a committee to consider the issue. He then implemented reservation for non-Brahmins in government jobs and educational institutions.
This step was not taken without opposition. The Diwan or Prime Minister of Mysore, M. Visvesvaraya, resigned in protest against the reservation policy. They believed that merit should be the only criterion for selection of a person for job and education without considering caste or community background.
3. Justice Party and Communal Government Orders
The most important developments in the Indian context of reservation were associated with the Justice Party in Madras Presidency. These were addressed to the Justice Party, a political organization representing the interests of non-Brahmin communities primarily in South India. As far as Government Orders are concerned, on 16 September 1921 this Justice Party Government issued the first Communal Order of Government G.O. #613. And then, for the first time any kind of popularly elected legislature enacted such laws which have since then become precedents for any successive Government to enact and implement without fail.
This was the time when the Justice Party focused on the grievances of the non-Brahmin classes who were ignored in the Brahmin-dominated system in administration as well as educational service. This started with the introduction of reservation in many places in the following periods.
4. Provincial Award Acts 1909 and 1932 of the Government of India Act
Meanwhile, when the provincial governments were already operating the policies of reservation, the British government brought in the features of reservation. The Government of India Act 1909 popularly known as the Morley-Minto Reforms established separate electorates for Muslims with the right to vote separately from Hindus. That was the initial stage of the communal reservation process.
Some of the most important events were the Round Table Conference during June 1932, in which the British Prime Minister Ramsay MacDonald presented a Communal Award, assuring separate representation to all religious and social communities: Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans. Such representations provided reservations within the legislature for the depressed classes, known today as Scheduled Castes (SCs) and Scheduled Tribes (STs). Only those communities that had the right to electorates were entitled to elect the reserved quotas under the process of electorates. The voters would constitute one constituency.
The Communal Award itself was controversial. Mahatma Gandhi protested against it by going on a hunger strike as it was dividing Indian society on the basis of caste. However, many leaders of the Dalit class supported the award, as most of them had political representation from their long period of subjugation.
The compromise between Gandhi and Ambedkar thus led to the Poona Pact in 1932. The pact decided on one Hindu constituency, but seats in that constituency were to be reserved for Dalits or depressed classes. It was a compromise in which political representation would be given to the Dalit classes without setting up separate constituencies. However, the Communal Award provisions were consistent with separate constituencies for other religious groups like Muslims and Sikhs.
The Indian principle of reservation dates back to very ancient times, with complex ancestral heritage dating back to the early 20th century and even earlier. It was developed by the great visionary, Chhatrapati Shahu Maharaj and the Justice Party together with other visionaries who created the system of reservation as it exists in India today. Though these measures were popularly opposed and hence unpopular, the important point here is to make some attempt to address the deep-seated imbalances within Indian society and provide avenues for otherwise oppressed sections of Indians. Much will depend on that effect and their continuing consequences – the controversy over Indian reservations and its concept of justice.
A lot has been done since India became independent in 1947 and much has been done since then in an attempt to address the deep-rooted social inequalities that continue within the country. And in fact, the rationale behind this attempt was indeed the protection and upliftment of historically marginalised communities – i.e., SCs and STs – and then, of course, the other backward castes, OBCs. This meant an increase in the scope of affirmative action and provision for the economically weaker sections even within the general category.
5. Eradication of caste discrimination and untouchability
The institution of untouchability remains one of the most pervasive and ingrained forms of caste discrimination against the Scheduled Castes in India. They were pushed to the lowest rank in society, causing them to be deprived of economic activities as well as face the worst social exclusion. However, untouchability was officially banned in 1950 with the creation of the new Constitution of India. Article 17 of the Constitution prohibited this evil practice and made the perpetrators of this crime criminals under the law. Therefore, it was a major step towards social egalitarianism.
6. First Affirmative Action Attempts (1950 – 1980)
India has one of the earliest affirmative action programmes. This programme came into existence in 1950. Since its inception, its main focus has been towards special protection for marginalised communities – most of whom belong to the Scheduled Castes and Scheduled Tribes. Most scholars believe that such provisions were important because these societies needed additional support to put them at par with any other section of society due to the historical discrimination imposed on them for many centuries.
The Ministry of Education has advised that at least 20 per cent of the total number of seats in educational institutions should be reserved for the Scheduled Castes and Scheduled Tribes since 1954. The government could have reduced the minimum qualifying marks by 5 per cent to make it a quota. The Scheduled Castes and Scheduled Tribes have been extended the ambit of education in a very systematic way.
The government committed itself to affirmative action in 1982 by fixing fixed quotas in public sector jobs and government-aided educational institutions. SCs would get 15% and STs 7.5% of the posts in proportion to their population in the country. This would bring more opportunities in education and employment for the groups in question.
7. Mandal Commission and OBC Reservation (1979 – 1990s)
The milestone in Indian affirmative action policy was the Mandal Commission set up in 1979, popularly known as the SEBC Commission. It was formed to study the socio-economic condition of the socially and educationally backward classes which are also a part of the OBCs. The Mandal Commission estimated, based on the 1931 census data, that about 52% of India’s population were OBCs, at a time when the government did not have a proper idea of the size of the population in general.
The Mandal Commission, in its report released in 1980, proposed a 27% reservation for OBCs in government jobs and educational institutions above the already existing reservation for SCs and STs. This was based on a strong historical feeling that OBCs were denied many opportunities due to disadvantage in social and educational background.
However, these recommendations had very high political connotations and were opposed by the society even when implemented. These recommendations were never implemented in central government jobs during Singh’s prime ministership in the 1990s. This was a very unprecedented protest and debate in the country as one section of the society was opposing the expansion of reservation while the other section of the society was supporting it.
8. Economic Reservation and 103rd Constitutional Amendment (2019)
It did not stop at the issue of reservation in the 21st century but the voices that demanded inclusion on the basis of economic inequalities and caste system became stronger. The new policy of the Government of India was introduced in 2019 where 10% reservation was given in the general category as economically weaker section for educational institutions and government jobs. For the first time in the history of reservation, reservation was not given on the basis of caste, but on economic basis.
This law framework was under the 103rd Constitutional Amendment which passed in January 2019. It allowed the Government of India to provide special provisions for the economically backward classes of the society by giving the provision of reservation as given in Article 15(6) and Article 16(6). Thus, it was to give strength to the idea of empowering those who were economically challenged but were neither SC, nor ST, nor OBC.
9. Constitutional Provisions and Safeguards
The Indian Constitution is rich with provisions and it will raise the standard of living of the marginalized classes as well as provide considerable protection. The Constitution makes special provisions under Article 15(4), which enables the government to develop special programmes or make special provisions for such socially or educationally backward classes of citizens. This will include, among others, socially and educationally backward classes, and Scheduled Castes and Scheduled Tribes – which the government may find to have been disadvantaged by history and adverse circumstances.
Article 15(4) is the core of the Indian system of reservation. The system of reservation provides a number of seats ahead of communities of the public in activities related to studies and jobs. This will provide a better scope and prevent the individuals of such community from becoming backward or backward class of the society. In this context, through the system of India, the aim of the system remains to incorporate an ideal system that the system ensures that equality exists among all the people of the society.
Article 46 of the Constitution declared that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. In short, the provisions reflect the Indian State’s commitment towards a more egalitarian society.
10. The Supreme Court and the 50% Cap on Reservations
In fact, for the record, even in the Mandal case, of which Indra Sawhney vs Union of India is the more famous one, a judgment was delivered by the Supreme Court of India in 1992 which became extremely popular. It validated the need for reservations in that judgment but put a cap of 50% on the total percentage of reservation, based on the argument that beyond that, it would violate the constitutional guarantee of equal access. This 50% cap became a very important guiding principle for subsequent affirmative action policies in India.
However, it has been challenged time and again with varying interpretations across the states of India. Take the example of Tamil Nadu in the state; The total reservation quota here is 69%, which is much higher than the overall limit of 50%. This is because each state’s law will be made keeping in mind its specific socio-economic conditions. This is now an area of contention for the Supreme Court as these Acts are currently the subject of litigation.
11. Supreme Court Judgement on EWS Reservation in 2022
On 7 November 2022, the Supreme Court of India delivered a landmark judgement in the Janhit Abhiyan vs Union of India case. The Court ruled by a majority of 3:2 and upheld the validity of the 103rd Constitutional Amendment which had introduced 10 percent reservation for EWS in the general categories. Therefore, it felt that the 50% cap on reservation was not inflexible and affirmative action based on economic criteria was a fair way to address social inequality.
This was a landmark judgement as it allowed reservation beyond the 50% cap, taking the total quota of reservation in central institutions to 59.5%. The Court’s judgement also marks a shift in India’s affirmative action policies which increasingly focus on economic and caste-based inequalities.
Conclusion
India has come a long way in terms of progress since Independence with regard to the deep-rooted social inequalities which had hitherto marginalised communities. The government has also attempted to create a more inclusive society through affirmative action programmes for the Scheduled Castes, Scheduled Tribes, Other Backward Classes and economically weaker sections of the general category. These policies have been relatively effective, but they have also been subject to debate and legal challenges. Social justice and equality of opportunity will continue to be at the forefront of the process of development as well as nation-building in India.
Frequently Asked Questions about Reservation
1. What is reservation? Reservation is the process by which a particular percentage of seats or opportunities such as jobs and education are reserved exclusively for historically disadvantaged or under-represented groups.
2. Why was the system of reservation developed? It was created to bring about social equality where it opens up avenues for the most discriminated community who have never been given resources.
3. Who are the beneficiaries of reservation? The beneficiaries of the reservation policy are the Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and in some cases the Economically Weaker Sections (EWS).
4. What is the percentage of reserved seats in education and government jobs? 15% for SC, 7.5% for ST and 27% for OBC. In some cases, 10% is reserved for EWS.
5. Is there any reservation for women? Yes, some states and union territories have a percentage of seats or jobs reserved for women, which is generally 33% or more.
6. Can economically weaker people from the general category get reservation? Yes, 10% of seats or jobs are reserved under the EWS quota for economically weaker persons from the general category.
7. How is reservation implemented in educational institutions? At the time of admission, a certain percentage of seats in government and government-aided institutions are reserved for students from reserved categories.
8. Is there reservation in private sector jobs? Most countries do not make reservation policies mandatory in private sector jobs, although the debate is still going on.
9. What are the eligibility criteria for OBC reservation? OBC candidates should be non-creamy layer, i.e. the family income of the candidates should be below a particular limit through which they get eligibility for the reservation system.
10. Do reserved categories get any age relaxation in government exams? Yes, candidates from SC, ST, OBC and other categories are generally given 3-5 years age relaxation in various government exams.
11. Is reservation applicable on promotions in government jobs? In some countries and states, reservation on promotions in government jobs is applicable to SC, ST and OBC candidates.
12. Can a person claim multiple reservations? No, mostly a person can avail himself of only one type of reservation at a time, for example, SC/ST/OBC or EWS, but not all together.
13. Is there any cap on the total percentage of reservation? Yes, for example, the total amount of reservation up to 50 percent has been strictly restricted by the Supreme Court of India, although with some exceptions in some states.
14. Applicable to sports or extracurricular activities? There may be special quotas for certain classes while participating in extracurricular activities like sports or cultural events.
15. Effect on eligibility? Does the quota have any effect on eligibility? The basic idea of the reservation system is a balance between merit and social justice. There is always a doubt about merit as far as reservation policies are concerned. However, it is necessary to maintain this type of reservation policy for the upliftment of historically disadvantaged groups.
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