As we all are very well versed with the fact that reservation system is a
quota based affirmative action taken by a statutory body to uplift that section
of the society who has been facing oppression, discrimination, and inequality
since times immemorial. And to further give them their place back in the society
for which they were deprived of. Reservation is governed by constitutional laws,
statutory laws, and local rules and regulations. Reservation Policy in India is
a process of reserving certain percentage of seats (maximum 50%) for a certain
class such as Scheduled Castes, Scheduled Tribes, Backward classes, etc. in
Government educational institutions, government jobs, etc.
In several areas of British India prior to independence, quota systems that
favoured particular castes and other communities were in place. Requests for
different types of positive separation had been made, for instance, in 1882 and
1891. The Maharaja of the princely state of Kolhapur, Chhatrapati Shahu,
instituted reservations in favor of the backward and non-Brahmin communities,
most of which went into effect in 1902.
During the ascendency of the British, the concept of reservation was first
introduced during the British rule in the form of Communal Award in 1932 by the
then Prime Minister Ramsay MacDonald. It provided separate electorates and
reserved seats for different religious communities based on their population
percentage.
The British Raj presented reservation components in the Government of India Act,
1909, and numerous measures were set up before autonomy. A critical one rose up
out of the Round Table Conference of June 1932, when the Prime Minister of
Britain, Ramsay MacDonald, proposed the Communal Award, as indicated by what
separate portrayal was to accommodate Muslims, Sikhs, Indian Christians,
Anglo-Indians, and Europeans. The discouraged classes, generally relating to the
STs and SCs, were assigned various seats to be filled by election from
constituencies in which only they could vote, although they could also vote in
other seats.
Post-independence the reservation system was outlined by the Constituent
Assembly which Dr. BR Ambedkar chaired. It was initially introduced for a period
of ten years. Post 10-year time frame, the legislators of Bharat tracked down
the need to proceed with the booking framework to conquer numerous long periods
of cultural and social separation of specific areas of society.
This framework was set up in the Indian constitution as a way to perceive the
verifiable bad form dispensed to individuals having a place within reverse
gatherings and to execute arrangements by which they would have better
admittance to assets and open doors.
Reservations in India were introduced:
- To redress the past and historical injustice against the backward
classes in India
The primary objective of implementing reservation policies in India is to
address the historical injustices and inequalities that have existed for
centuries, particularly against certain groups, including Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs). Historically,
these communities faced discrimination, social exclusion, and economic
marginalization due to the rigid caste system.
The reservation system aims to rectify these historical injustices by
providing opportunities for education, employment, and representation in
government and public institutions. Through reservations, individuals from
these marginalized communities have access to affirmative action measures
that help level the playing field. These measures include reserved seats in
educational institutions, reserved jobs in government and public sectors,
and reserved seats in legislative bodies. By doing so, the system seeks to
empower these communities, mitigate discrimination, and uplift them
socio-economically.
- To guarantee that equivalent portrayal should be visible from
individuals having a place with all standings in the administrations under
the state and focus
One more key target of the booking framework is to guarantee that
administration establishments, both at the state and local levels, mirror
the variety of the Indian populace. India is a nation portrayed by its huge
variety regarding society, language, religion, and station. To keep a fair
and impartial society, it is fundamental that administration establishments
address this variety.
Reservation arrangements are intended to ensure that people from generally
impeded gatherings, including SCs, STs, and OBCs, have the valuable chance
to serve in government positions. This not just guarantees that the public
authority is more comprehensive and receptive to the necessities of every
one of its residents yet additionally helps in separating social hindrances
and biases.
- To give an equivalent stage to everybody regardless of their rank
Reservation arrangements are essentially established in giving equivalent
open doors to all residents regardless of their standing, belief, or social
foundation. By holding an extent of seats in instructive establishments,
occupations, and political workplaces, the framework plans to make a level
battleground where legitimacy and capacity are the essential determinants of
progress.
Generally, reservations are planned to defeat the verifiable hindrances that
specific networks have confronted and make an all the more and even-handed
society where people are decided on their capacities and capabilities
instead of their standing or economic wellbeing. It is a way to guarantee
that each resident has an equivalent shot at progress, no matter what their
experience.
- To advance and propel the backward classes
One of the vital objectives of reservations is to advance and propel the
financial status of the retrogressive classes in India. By and large, these
networks have been impeded regarding admittance to instruction, work open
doors, and political portrayal.
Reservation approaches try to overcome this issue by giving governmental
policy regarding minorities in society measures. By holding seats in
instructive organizations, occupations, and regulative bodies, the booking
framework assists individuals from these networks with accessing assets and
open doors that were recently denied to them. This, thus, enables them to
break the pattern of destitution, work on their financial circumstances, and
partake all the more effectively in the country's turn of events.
To eliminate the social oppression and unfairness endured by the lower classes,
this apparatus of reservation was presented by the Government of India. It was
carried out in obvious soul and heart and with regards to the ruined state of
the lower classes that were denied equity because of their status in the general
public. Notwithstanding, how the reservation strategy is formed and executed in
the present time is generally represented by the vote bank legislative issues.
The class-based reservation system has converted to a caste-based reservation
system.
Reservation is not the only way to upgrade the condition of the backward
communities. Providing them with scholarships, coaching, welfare funds, etc. to
enhance their intellectual abilities and personal knowledge is a way to elevate
the shape of lower castes. The expectation of the booking ought to be to
guarantee that all individuals are brought to a similar level regarding open
doors.
To guarantee that the advantages of reservation strategy go into the right
hands, certain means should be taken to screen what is happening. The advanced
sections of SCs and STs should be barred from guaranteeing reservation as it
will prompt creating more space and open doors for the advanced segments of the
general public. The Government is expected to modify the ongoing records it has.
One reason expressed by the State Governments to expand the level of the
reservation is that because of expansion in the populace, the percentage of SCs
and STs has likewise been expanded, so consequently, by re-examining the
rundowns, the residents who are not generally needed under the rundowns will be
wiped out and the people who are as yet oppressed will be incorporated. This
will not upset the on-going level of reservation and states will not likewise be
interested in the expansion in the level of reservation.
The reservation system was introduced in India to reserve a specific number of
seats or posts in the hoarded establishments that might some way or another not
select the lower castes people. The government authority ought to guarantee that
fair and pragmatic ways are selected to help the penniless segments of the
general public.The government of India needs to monitor that the advantages of
reservation are not guaranteed by people with great influence or the affluent of
the general public as it will annihilate the entire reason for reservation
strategy.
The creamy layer ought to be avoided from asserting reservation and the
government ought to chip away at building their abilities as opposed to offering
them everything on the platter. The government should conduct awareness programs
related to reservation policy for the people who go against this approach to
instruct them about the significance of the arrangement for the destitute
segments of the general public and furthermore for the oppressed areas of the
general public who know nothing about such strategies.
The founders of the Indian Constitution aimed to create a caste less and
classless society. Reservations in education and employment were introduced to
uplift the oppressed and give them with equality of status and opportunity in
the workplace. Reservation was first limited to Scheduled Castes and Scheduled
Tribes. Despite the fact that members of Parliament have repeatedly called for
quota for Other Backward Classes, particularly in India's southern and northern
provinces.
Article 15 of the Indian constitution guarantees reservation for socially and
educationally backward classes, other backward classes, and scheduled castes in
occupations and legislative bodies. One reason for the demand for reservation is
the desire for government employment, and hence the policy is advocated by both
the state and federal governments. Reservations are not time-bound.
Conclusion
The Indian Constitution has not provided a clear definition of backward classes
from its establishment and has yet to provide a criterion for assessing
backwardness. As a result, many nations and the court have developed their own
conceptions of backwardness, which frequently contradict, and political
expediency has played a role in further complicating matters. As a result,
reservations should not be withdrawn completely and abruptly. Instead, it should
be inspected, fine-tuned, and updated throughout time, and thus progressively
deleted. It should not be a permanent policy that lasts forever, but rather an
ad hoc measure to help the most destitute elements of society, regardless of
caste.
There are many persons in society who belong to Scheduled Castes and Tribes yet
are not economically backward. They are as forward as a person in the general
group, but they also enjoy the reservation privileges. It is also true that
there are many people who fall into the general category yet are as backward as
a Scheduled Caste or Scheduled Tribe member.
Although the notion of creamy layer exists, would also like to point out that
the issue of creamy layer among Other Backward Class is not as simple as
majority judgements in Mandal Commission. When the Indian Constitution does not
provide a single word about it, it is really difficult to categorise and trace
out the creamy layer among the backward class; the decision is left to the
committee.
While reservation policy has undoubtedly delivered a new day to the thousands of
years oppressed class, it has yet to be realised by a large number of
prospective benefactors. This might be due to some slackness in execution. It is
also owing to a lack of understanding among individuals who are supposed to
benefit from the programme that its benefits have yet to be realised.
References:
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What is the current structure of Reservation in India by Samriddhi Thakar. It can be accessed via: https://www.lawinsider.in/columns/what-is-the-current-structure-of-reservation-in-india
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All About Reservation Policy In India by Sonal Srivastava and Neelabh Keshav Sinha. It can be accessed via: https://blog.ipleaders.in/reservation-policy-india/
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[In-depth] The Great Indian Reservation System – Understanding its Past, Present and Solutions by IAS Express. It can be accessed via: https://www.iasexpress.net/reservation-system-in-india-upsc-ias-gk/#:~:text=Reservation%20is%20obviously%20a%20tool,come%20up%20with%20viable%20solutions.
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History of Reservation in India by GOI Monitor Desk. It can be accessed via: History of reservation in India | Goi Monitor
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Reservation in Indian Constitution by Patil Amruta. It can be accessed via: Reservation in Indian Constitution - Indian Polity Notesprepp.in
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The Concept, Origin And Evaluation Of Reservation Policy In India by Rajat Kumar. It can be accessed via: The Concept, Origin And Evaluation Of Reservation Policy In India www.legalserviceindia.com
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Reservation in India: Know everything about Reservation system in detail by Blog Finology. It can be accessed via: Reservation in India blog.finology.in
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The Need For Reshaping India's Reservation System by Namishi Verma. It can be accessed via: THE NEED FOR RESHAPING INDIA'S RESERVATION SYSTEM - BSK Legal www.bsklegal.org
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Reservation in India by Drishti IIAS. It can be accessed via: Reservation in India www.drishtiias.com
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Indra Sawhney vs. Union of India, AIR 1993 SC 477. Supreme Court tries to define "creamy layer" by quoting an office memorandum of Sept 8, 1993.
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