Education

Reservation System in India

Reservation is a system in India which is designed to increase equality in the society. Its purpose is to help those groups who have historically been victims of discrimination. The main objective of reservation is to provide equal opportunity to people who have been marginalized due to their castes or economic status. Under this system the government reserves some seats in educational institutions, government jobs, and even political bodies.

The idea of reservation in India is linked to the Indian Constitution, which came into force on 26 January 1950. The Constitution recognized the need to uplift the socially and economically backward sections of the society, especially the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). Initially, the reservation time limit was limited, but it has been extended over time.

The first major step towards reservation was taken during British rule under the Government of India Act, 1935, which provided reserved seats in legislative bodies for certain communities. After independence, Dr. B.R. Ambedkar, who was the chief architect of the Indian Constitution, played an important role in including reservations in the Constitution to uplift the Dalits (who were earlier called untouchables) and tribal communities.

Over time, the reservation policy expanded to include Other Backward Classes (OBCs), based on the recommendations of the Mandal Commission in 1980. Today, reservation applies in education, government jobs, and political representation, and its percentage varies from state to state.

Although the reservation system has helped many individuals from marginalized communities gain opportunities, it remains debated. Some people consider it to increase caste divisions, while others consider it necessary to remove the inequalities that still exist in Indian society.

History of Reservation

Before India’s independence in 1947, the practice of reservations or quotas for certain communities was already taking shape in various regions of British India. The purpose of these systems was to provide opportunities to groups that were considered disadvantaged or underrepresented, especially in education and government jobs.

1. Early Demands and Initiatives

As early as 1882 and 1891, demands for positive discrimination or affirmative action were being made in some areas. This was a time when the caste system and social hierarchy were deeply rooted, and some communities were marginalised. One of the earliest and most important contributors to the idea of reservation was Chhatrapati Shahu Maharaj, ruler of the princely state of Kolhapur.

In 1902, Chhatrapati Shahu introduced an important measure, reserving 50% of government jobs for backward communities, which included non-Brahmins. His intention was to uplift these communities and provide them with opportunities that were historically denied to them. He believed in providing education to all, irrespective of their caste or background, and he opened several hostels to facilitate this. Shahu Maharaj’s reforms were inspired by his vision of a class-free society and the abolition of untouchability.

2. The Mysore Initiative

In 1918, an important step towards reservation was taken in the princely state of Mysore. There was growing resentment against the dominance of Brahmins in administration and education in the state. Many non-Brahmin organizations demanded that reservations be implemented to correct this imbalance. Nalawadi Krishnaraja Wadiyar, the Maharaja of Mysore, responded to these demands by forming a committee to consider the issue. This resulted in the implementation of reservation for non-Brahmins in government jobs and education.

However, the move was not without opposition. M. Visvesvaraya, the Dewan (Prime Minister) of Mysore and a respected politician, resigned in protest against the reservation policy. He believed that merit rather than caste or community background should be the sole criterion for employment and education.

3. The Justice Party and communal government orders

The most important milestones in the history of reservation in India came with the Justice Party in Madras Presidency. The Justice Party was a political party that primarily represented the interests of non-Brahmin communities in southern India. On 16 September 1921, the Justice Party government passed the first communal government order (G. O. #613), which introduced reservations for different communities in government jobs and education. This was the first time an elected body in India had legislated such measures, and it set a precedent for future governments.

The Justice Party initiative was a response to the growing demands of non-Brahmin communities who felt marginalized in the Brahmin-dominated administrative and educational systems. Reservations introduced by the Justice Party soon became a standard practice in various regions of the country.

4. Communal Awards Acts 1909 and 1932 of the Government of India Act

While regional governments were implementing reservation policies, the British government also introduced elements of reservation through legislative measures. The Government of India Act 1909, also known as the Morley-Minto Reforms, introduced separate constituencies for Muslims, allowing them to elect their representatives separately from Hindus. This was an early example of communal reservation.

Another important development occurred during the Round Table Conference in June 1932, when the British Prime Minister, Ramsay MacDonald, proposed the Communal Award. The purpose of this proposal was to provide separate representation for different religious and social communities, including Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans. The Communal Award also proposed that the Depressed Classes, broadly known as Scheduled Castes (SC) and Scheduled Tribes (ST), would get reserved seats in the legislature. These seats were to be filled through elections in constituencies where only members of these communities could vote.

The communal award was a controversial proposal. Mahatma Gandhi opposed it because he feared that it would divide Indian society on the basis of caste. He went on a hunger strike in protest against this award. On the other hand, many leaders of the Dalit class, especially B.R. Ambedkar supported the award because it provided political representation to communities that had long been marginalized.

Tension between Gandhi and Ambedkar led to negotiations, which resulted in the Poona Pact in 1932. According to this agreement, there will be a single Hindu constituency, but within it seats will be reserved for Dalits (depressed classes). This was an agreement that allowed political representation to Dalits without the creation of separate constituencies. However, the provisions for communal awards remained in force for separate constituencies for other religious communities such as Muslims and Sikhs.

The concept of reservation in India has a very old and complex history, with roots dating back to the early 20th century and even earlier. The efforts of Chhatrapati Shahu Maharaj, the Justice Party and other visionary leaders laid the foundation of the reservation system that exists in India today. Although these measures were often controversial and contested, they were important steps in addressing deep inequalities in Indian society and providing opportunities to the historically disadvantaged. The legacy of these early initiatives continues to shape the debate around reservation and social justice in India.

After India gained independence in 1947, a significant effort was made to address the deep social inequalities that existed in the country. One of the main objectives of this effort was the protection and upliftment of historically marginalized communities, especially the Scheduled Castes (SC), Scheduled Tribes (ST) and later Other Backward Castes (OBC). Over time, the scope of affirmative action expanded, with provisions also introduced for economically weaker sections in the general category.

5. Abolition of Caste Discrimination and Untouchability

A common and profound form of caste discrimination in India was the practice of untouchability, which primarily targeted the Scheduled Castes. Untouchability pushed the Scheduled Caste people to the lowest rung of society, causing them to face severe social exclusion and economic difficulties. However, with the adoption of the new Constitution of India in 1950, untouchability was officially outlawed. Article 17 of the Constitution made the practice of untouchability illegal and punishable by law, which was an important step towards social equality.

6. Early affirmative action measures (1950 – 1980)

India’s affirmative action program, one of the oldest programs in the world, was launched in 1950. Its objective was to provide special provisions for marginalized communities, especially the Scheduled Castes and the Scheduled Tribes. It was based on the belief that these groups needed additional support to achieve equality with other sections of society due to centuries of discrimination.

In 1954, the Ministry of Education recommended that 20% of seats in educational institutions should be reserved for Scheduled Castes and Scheduled Tribes. To ensure that this quota is met, the government has relaxed the minimum qualifying marks by 5% if necessary. It initiated a systematic approach to increase the representation of Scheduled Castes and Scheduled Tribes in education.

In 1982, the government further formalized its commitment to affirmative action by setting specific quotas in public sector jobs and government-aided educational institutions. It was decided that 15% of the posts should be reserved for Scheduled Castes and 7.5% for Scheduled Tribes, reflecting their respective populations in the country. These measures were aimed at improving access to education and employment for these marginalized groups.

7. Mandal Commission and OBC reservation (1979 – 1990s)

A major change in India’s affirmative action policy came with the establishment of the Mandal Commission in 1979. Officially known as the Socially and Educationally Backward Classes (SEBC) Commission, its primary function was to assess the socio-economic conditions of the Socially and Educationally Backward Classes, which also included OBCs. At that time, the government lacked accurate data on the OBC population and had to rely on data from the 1931 census. Based on this data, the Mandal Commission estimated that OBCs constitute about 52% of India’s population.

In its report released in 1980, the Mandal Commission recommended 27% reservation for OBCs in government jobs and educational institutions. This was in addition to the existing reservation for SCs and STs. The Commission’s recommendations were aimed at ensuring better representation for OBCs, who were historically excluded from many opportunities due to social and educational disadvantages.

However, implementation of these recommendations faced significant political and social resistance. By the 1990s, Prime Minister V.P. Under Singh, these recommendations were ultimately not implemented in central government jobs. This sparked widespread protests and debate across the country, with some groups opposing the expansion of reservations and others supporting it.

8. Economic Reservation and 103rd Constitutional Amendment (2019)

The debate over reservations continued into the 21st century, with calls for a more inclusive approach that addressed economic disparities as well as caste-based inequalities. In 2019, the Government of India made a significant change by announcing 10% reservation in educational institutions and government jobs for the general category Economically Weaker Sections (EWS). This was a historic step, as it was the first time that economic criteria rather than caste were used as the basis for reservation.

The 103rd Constitutional Amendment, which provided the legal framework for this new reservation, was passed in January 2019. This amendment added Article 15(6) and Article 16(6) to the Indian Constitution, allowing the government to make special provisions for the advancement of economically weaker sections of the society. The introduction of EWS reservation was aimed at providing opportunities to those who were economically disadvantaged but did not fall into the existing SC, ST or OBC categories.

9. Constitutional provisions and safeguards

The Constitution of India has many rules to protect and improve the lives of people from marginalized communities. An important rule is found in Article 15(4). This rule allows the government to create special programs or make special arrangements for socially and educationally disadvantaged groups of people. These groups include socially and educationally backward classes as well as Scheduled Castes and Scheduled Tribes, who have historically faced discrimination and challenges.

Article 15(4) serves as the foundation of the reservation system in India. This system earmarks a certain number of seats in education and jobs for these communities. Its goal is to give them better opportunities to succeed and ensure that they are not left behind in society. Through this, the government aims to create a fairer and more equal society for all.

Article 46 of the Constitution emphasizes the responsibility of the State to promote the educational and economic interests of the weaker sections of the society, particularly the Scheduled Castes and the Scheduled Tribes. It also calls for the protection of these groups from social injustice and exploitation. These provisions reflect the commitment of the Indian state to create a more equitable society.

10. Supreme Court and 50% limit on reservation

In 1992, the Supreme Court of India delivered a landmark judgment in the case of Indra Sawhney v. Union of India, commonly known as the Mandal case. In this judgment, the Court upheld the validity of reservation, but imposed a cap of 50% on the total percentage of reservation. The Court argued that reservation beyond this limit would violate the principle of equal access guaranteed by the Constitution. This 50% limit became an important guideline for future affirmative action policies in India.

However, this limit has been challenged in various ways over the years. For example, in the state of Tamil Nadu, the total reservation quota is 69%, which is much higher than the limit of 50%. This is due to state-specific laws that are created to address the unique socio-economic conditions in the region. These laws are currently under litigation in the Supreme Court, and the issue of exceeding the 50% threshold remains controversial.

11. Supreme Court decision on EWS reservation in 2022

On November 7, 2022, the Supreme Court of India delivered an important judgment in the case of Janhit Abhiyan vs Union of India. In a 3:2 judgment, the Court upheld the validity of the 103rd Constitutional Amendment, which had introduced 10% reservation for EWS in the general category. The Court ruled that the 50% cap on reservation was not immutable and that affirmative action based on economic criteria could be a legitimate approach to redress social inequality.

This decision was significant as it allowed expansion of reservation beyond the 50% limit, taking the total reservation quota in central institutions to 59.5%. The Court’s decision also highlighted the evolving nature of India’s affirmative action policies, which increasingly focus on economic and caste-based inequalities.

Conclusion

Since independence, India has made substantial progress in addressing deep social inequalities that have historically marginalized certain communities. Through affirmative action programmes, the government has tried to create a more inclusive society by providing opportunities for the Scheduled Castes, Scheduled Tribes, Other Backward Classes and economically weaker sections of the general category. Although these policies have been successful in many cases, they have also given rise to debate and legal challenges. As India continues to develop, the balance between social justice and equality of opportunity will remain a key issue in the development of the nation.

FAQs about Reservation

1. What is reservation?
Reservation refers to the practice of reserving a certain percentage of seats or opportunities (such as jobs or education) for specific groups of people who have been historically disadvantaged or underrepresented.

2. Why was the reservation system introduced?
It was introduced to promote social equality by providing opportunities to marginalized communities who have faced discrimination and lack of access to resources.

3. Who benefits from reservation?
Reservation primarily benefits Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and in some cases Economically Weaker Sections (EWS) of the society.

4. What percentage of seats are reserved in education and government jobs?
Generally, 15% are reserved for SC, 7.5% for ST and 27% for OBC. Additionally, 10% is reserved for EWS in some cases.

5. Is there any reservation for women?
Yes, in some states and territories, a percentage of seats or jobs are reserved for women, usually around 33%.

6. Can economically weaker people from general category get reservation?
Yes, under EWS (Economically Weaker Section) quota, 10% seats or jobs are reserved for economically disadvantaged persons from the general category.

7. How is reservation implemented in educational institutions?
In government and government-aided institutions, a certain percentage of seats are reserved for students from reserved categories during admission.

8. Is reservation applicable in private sector jobs?
Currently, reservation policies in private sector jobs are not mandatory in most countries, although discussions and debates continue to take place on the issue.

9. What are the criteria to avail OBC reservation?
OBC candidates must belong to the non-creamy layer (i.e., their family income must be below a certain limit) to be eligible for reservation benefits.

10. Is there any age relaxation for reserved categories in government exams?
Yes, candidates from SC, ST, OBC and other reserved categories usually get age relaxation of 3-5 years in various government exams.

11. Is reservation applicable on promotion in government jobs?
In some countries and states, reservation on promotion in government jobs applies to SC, ST and OBC candidates.

12. Can a person claim multiple reservations?
No, generally, a person can claim reservation benefits under only one category at a time, such as SC/ST/OBC or EWS, but not multiple together.

13. Is there any limit on the total percentage of reservation?
Yes, for example, the Supreme Court of India has capped total reservation at 50%, although there are exceptions in some states.

14. Is there any reservation in sports or extra-curricular activities?
In some cases, there may be special quotas for SC/ST/OBC students in extra-curricular activities like sports or cultural events.

15. How does reservation affect eligibility?
The purpose of the reservation system is to balance merit and social justice. While there are concerns about merit, reservation policies are seen as a necessary measure for the upliftment of historically disadvantaged groups.

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