As Azadi ka Amrit Mahotsav ,we are commemorating our 75th anniversary of independence today, and our goal is to become a developed nation by 2047. However ,we need a system that requires seat to be allocated for a specific set of people; a system that predominantly gives individuals reservations based on their castes .This alone provides an assessment of how well our country has done in resolving the issues brought about by the long standing caste system .Our current reservation policy includes a wide range of topics , including education and employment ,both of which are vital for a developing nation like India.

Over the years, India's reservation policy parameters have evolved ,and the caste system has shown to be more destructive than helpful as promised . it hasn't addressed the reason why the policy was created in the first place.It becomes necessary to acknowledge the shortcomings of the current system and reframe the entire affirmative action system in the light of our society 's contemporary circumstances if the policy's primary goal is not achieved .This article deals with the assessment of the prevailing reservation policy in India and proposes alternative solution to foster equality and opportunity in India.

India's reservation system was put in place to help the country's historically underprivileged groups. Other Backward Classes (OBC), Scheduled Castes (SC), Scheduled Tribes (ST), and Economically Backward Classes are given opportunities through government jobs, promotions, educational scholarships, and reservations in legislatures. Soon after independence, the Indian Constitution incorporated reservations in order to acknowledge the past injustices done to members of underprivileged groups and to enact measures that would improve their access to opportunities and resources.

The Development of India's Reservation System

The Indian Constitution came into force on January 26, 1950. Articles 15(4) and 16(4) of the Constitution allowed the State and Central Governments to reserve seats in government positions for members of the SC and ST and gradually in order to allow the government to offer reservations in promotions, a new clause (4A) was added to Article 16 of the Constitution by the Constitution (77th Amendment) Act, 1995 and later the Constitution (85th Amendment) Act of 2001 amended clause (4A) to provide SC and ST candidates who were elevated under reservation a consequential seniority. The reservation of SC and ST in the Central and State Legislatures is covered in Chapter XVI. Specific representation is provided by Articles 330 and 332, which reserve seats for SC and ST in the State Legislative Assembly and Parliament, respectively.

The Indian Constitution's authors specifically intended caste-based reservation as a short-term solution to the past injustices experienced by Scheduled Castes (SC) and Scheduled Tribes (ST). The intention was to progressively phase away the reservation system while giving these communities the opportunity to improve their socio economic standing. However, we were unable to accomplish this, and we eventually used the amendment power to repeatedly extend it for another ten year.

The 104th Constitutional Amendment Act of 2019 recently extended the 70-year limit for SC and ST seats in the Lok Sabha and State Assemblies to 80 years. Concerns regarding the continuation of caste-based quota have been raised, nevertheless, as this interim provision has not only persisted over time but has also grown to include Other Backward Classes (OBC) and other groups. Re-examining the basic ideas that support this system is essential, particularly now that its reach has reached about half of the opportunities.

Impact of Reservation Policy in India

The potential for caste reservation to erode meritocracy is the main problem. People should be evaluated according to their credentials, skills, and talents in a merit-based system. Despite its good intentions, caste reservation may unintentionally result in the selection of less competent applicants, undercutting the merit-based standards that ought to propel advancement Furthermore, in a time when India ought to be transitioning to a caste-blind society, caste reservation nevertheless maintains caste identities.

It perpetuates differences and can result in societal hostility, which runs counter to the Constitution's tenets of social cohesiveness and unity. One of the main reasons for the growing brain drain from India is reservations. Over the last ten years, there has been an 85% increase in brain drain from India to the US, which may be due to less possibilities and more restrictions within the nation. According to data presented in the Lok Sabha, over 13,500 students from Scheduled Castes, Scheduled Tribes, and Other Backward Classes have left their courses at Central Universities, Indian Institutes of Technology (IITs), and Indian Institutes of Management (IIMs) during the previous five years.

According to a post on an anonymous page on Instagram When asked why the United States of America is developed and India is not, Barack Obama famously responded, "We give an opportunity to deserve one and you give opportunity to reserved one," Why the minimum scores needed to pass exam for the SC and ST are far lower than those needed for a general category student to pass the exam in practically all government competitive exams.

WHY? Do these students have a lower level of competition than those in the general category? Or do castes have different levels of knowledge? Does granting privilege to those who don't deserve it equate to having enough social representation? These days, reservation has been used as a political tool rather than as a tool for social justice.

To illustrate how the policy has been abused for political ends, we can look at a few examples, such as quoting opposition leader Rahul Gandhi, who said, "Jiski Jitni Abadi Uski Utni Hissedari," and advocating for a caste-based census, which would have upset Baba Saheb Ambedkar, who advocated for a society without castes and classes, to see that the SC and ST still require reservation. The Bihar government recently increased caste-based reservations from 50% to 65%, but no political party objected because of their own interests. However, in the case of Gaurav Kumar v. State of Bihar, which was decided on June 20, 2024, the Division Bench of the Patna High Court ruled that the move was unconstitutional.

Way Forward
It's time to abandon the caste reservation system and strive for a society with greater equality. India can welcome a future in which people are assessed on their abilities and skills rather than their caste by preserving the original intent of the Constitution and advancing meritocracy. It is a course that will eventually help all of the country's residents and is consistent with the ideals of social fairness and togetherness. With the (One Hundred and Third) Amendment Act of 2019, we are moving away from caste-based discrimination and toward economic-based reservation for the Economically Weaker Section of the population. The constitutional validity of the constitution was upheld in the Youth for Equality v. Union of India case.

It's a wise move, yet there are still some issues. It is thought that this is also done for political purposes because about 75% of the population is classified as non-reserved. Even while they already receive caste-based reservations, other communities constantly demand to be added to the economically disadvantaged sector category. Recently in order to preserve equality as enshrined in the constitution the Supreme Court has evolved a new method in the Davinder Singh V. State of Punjab that the sub-categorisation and sub-division of the Scheduled Castes ('SCs') and Scheduled Tribes('STs') should be there.

In this case Justice B. R Gavai , said that the Scheduled Castes and Scheduled Tribes are acknowledged by the Constitution as the most disadvantaged group in society, I might note that the criteria for excluding members of these groups from affirmative action may differ from those governing members of other classes. A person from such a group would remain a member of a socially, economically, and educationally backward class if he were to obtain a position as a peon or perhaps a sweeper by using the reserve advantage. However, individuals from this group who have achieved great levels of success in life after utilizing the advantages of reservations cannot be seen as socially, economically, or educationally disadvantaged in order to continue receiving the benefits of affirmative action.

They've already reached a point where they ought to leave the special provisions on their own initiative and make room for the worthy and less fortunate. Therefore, I believe that in order to deny the Scheduled Tribes and Scheduled Castes the advantage of affirmative action, the State must develop a program for identifying the creamy layer, even among them. This, in my opinion, is the only way to truly attain the equality guaranteed by the Constitution.

Continued caste based reservation results in anger between the communities that are not permitted reservations harbor animosity and discrimination towards the castes who are included in the quota category. When more people aim for backwardness rather than forwardness, the country itself stagnates. Therefore offering financial assistance to the poor is a better way to promote meritocracy than to contaminate it by lowering entry barriers. Baba Saheb Ambedkar once stated, "Education is what makes a person fearless, teaches him the lesson of unity, makes him aware of his rights and inspires him to struggle for his rights" . Thus, we might consider ONE NATION ONE EDUCATION as a substitute for reservations in which caste and economic status are not grounds for discrimination.

Written By:

• Harsh Kant Shukla, LL.B (Hons) - Faculty of Law B.H.U &
• Prince Sharma, LL.B (Hons) - Faculty of Law B.H.U