INDIAN RESERVATION SYSTEM AND ITS IMPLICATIONS ON EQUALITY: ASSESSING THE POTENTIAL FOR REFORMS

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  INDIAN RESERVATION SYSTEM AND ITS IMPLICATIONS ON EQUALITY:                                        ASSESSING THE POTENTIAL FOR REFORMS

 


WRITTEN BY: ARADHANA KUMARI

4th Year BA LLB

FAIRFIELD INSTITUTE OF MANAGEMENT & TECHNOLOGY

 

 

EDITED BY: VAISHNAVI PARATE

3rd Year LLB

SHRI. NATHMAL GOENKA LAW COLLEGE


INTRODUCTION

 

India's reservation system has been in place since 1902, and its impact on society has been far-reaching. This reservation system has been used to create a more equal society, by providing them equal opportunities for those from who are traditionally disadvantaged or marginalized backgrounds to access education and jobs in India. It has undoubtedly improved many people’s lives, but it has also been the subject of much debate and controversy. Critics of the system argue that it is unfair and that it undermines the principle of the right to equality among people, while others argue who are the supporters of this system that it is a necessary tool to bring about real social change. The purpose of this article is to examine the Indian reservation system through the lens of equality and to discuss potential reforms. Through this article, we will look at the history of this reservation system as well as its current status.

 


 

The History of India's Reservation System

·       William Hunter and Jyotirao Phule created the caste-based reservation system for the first time in 1882.

·       The reservation system that is in use today was formally introduced in 1933 when British Prime Minister Ramsay Macdonald presented the "Communal Prize" in India. The MacDonald Award, as it is often called, established distinct electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits.

·       Many Indian, including Mahatma Gandhi opposed this award and protested against it because they felt that the British Administration was dividing the Indian people along social lines with this clause. However, it has the support of numerous minority leaders in India such as Dr B. R. Ambedkar. After months of negotiations, Mahatma Gandhi and Dr Ambedkar signed the 'Poona Pact,' which established a single Hindu electorate with certain reservations, in September.

·       When Morarji Desai was the Prime Minister of India in 1979, the Janta Party, led by B.P. Mandal, constituted a commission. This commission mandates the identification of the society's social and educationally backward classes of people. In India, this commission is known as the Mandal Commission. The Mandal Commission's recommendations led to the addition of OBC to India’s reservation list in 1991.

·       In the well-known case of 1992, Indra Sawhney v. Union of India, or Mandal case, the Supreme Court invalidated the government notification reserving a 10% quota in the government jobs for economically backward classes but upheld the 27% quota for Other Backward Classes (OBC).

·       The Constitutional (103rd Amendment) Act of 2019 introduced a 10% reservation in the government positions and educational institutions for "economically backward citizens" of India. The Act modulates Articles 15 and 16 of the Constitution by adding provisions that permit the government to make reservations based on economic backwardness in the country.

Constitutional provisions related to Indian Reservation System

·       Socially and educationally disadvantaged sections are given reservation benefits under Article 15 of the Indian Constitution. According to this, the State is not allowed to discriminate against any of its citizens on the grounds of their religion, caste, creed, sex, or place of birth.

·       In terms of public employment, equality of opportunity is guaranteed by Indian Constitution in Article 16(4). Article 16(4) prohibits the State from making any provisions for the reservation of postings in favour of any disadvantaged class of citizens that, in the State's opinion, are not appropriately represented in the services under the State, according to the law.

·       The Scheduled Castes and Scheduled Tribes of India are defined in Articles 341 and 342 of the Indian Constitution about each State and Union Territory.

·       According to Article 335 of the Indian Constitution, while making appointments to services and positions in offices, the claims of members of the SC & ST must be taken into account for maintaining effective administration.

The Impact of the Reservation System on the Right to Equality

·       The reservation system does not benefit those minority castes who should benefit from it; instead, other groups are getting benefits from this system.

·       Even among traditionally wealthy and economically powerful castes of India like Patidar of Gujarat, Maratha of Maharashtra, Kupa in Andhra Pradesh, and Jats of Haryana, demand for reservation is rising day by day and the idea of the reservation is becoming popular. After the success of other communities in getting reservations for their people, more and more communities are now demanding reservations. Because many of these communities are politically and economically stable, putting the entire community on the reservation list is unethical.

·       The agitation on the reservation resulted in several casualties, transportation issues, numerous employees from various workplaces, and school students. The Jat agitation that happened in Haryana is one instance.

·       In recent years, the reservation system has evolved into a weapon used by many politicians or political parties to win over these voters.

Arguments for the Reservation System

Supporters of the reservation system argue that it is required to effect real social change. The system was implemented to address an issue of inequality that was leading to discrimination and injustice, and it has certainly been successful in that regard. Some groups which are disadvantaged or marginalized backgrounds need to be provided with special help to bring them equal to other economically stable groups, and this is what the reservation system provides to make society fair and just. It gives people who are from underprivileged backgrounds the chance to pursue education and jobs of their choice, to improve their lives. A system is also a necessary tool for real social change, given that it is only in the short term that it might hurt the right to equality. Long term, it is expected to bring about a more equal society.

Arguments Against the Reservation System

The arguments against the reservation system are based on two key points. Firstly, it is not a long-term solution to bringing about a more equal society. For this to occur, lower standards for certain groups need to be in place for a long time, which is not desirable. Secondly, and perhaps more importantly, the system undermines the principle of the right to equality by setting lower standards for some people. Those who are against this reservation system suggest that a fairer alternative would be better to implement affirmative action, setting higher standards for everyone, rather than lower standards for some. They contend that doing so would be more productive in addressing inequality and would not undermine the right to equality.

The Solution & Future of the Reservation System

The future of the reservation system will largely depend on whether or not the criticism against the system leads to change. There doesn't seem to be any movement to get rid of the system or to abolish it, but there has been a lot of debate or discussions about ways in which it could be reformed. One suggested reform is to introduce a ‘graded’ reservation system, whereby the percentage of places reserved for people from different communities is varied depending on their social and economic status. Another reform is to replace the current system with affirmative action, setting higher standards for everyone, which would be a more equitable way to address inequality. Whatever the fate of the reservation system, it is clear that it has made a significant impact on India and its society.



Make a reservation system based on economic status-

In India, a reservation system based on someone’s caste rather than the economic status of an individual is unethical or unacceptable.

Those people who live in poor or inadequate living conditions, such as those who lack sufficient food, clothing, education, or a place to live should be provided with fair and equal reservations to help them in their worst conditions.

Conclusion

The reservation system was introduced to create a more equal society, but it has been criticized for going against the principle of the right to equality by setting lower standards for certain groups. The system has been able to provide an opportunity for those from disadvantaged backgrounds to get an education and job. The approach has generated a lot of discussion and criticism despite being successful in many aspects. In the future, the system will likely be reformed in some way, but regardless of the changes, it has a huge impact on Indian society. It has undoubtedly contributed to a more equal society by providing opportunities for many people to improve their lives.

References

https://www.iasexpress.net/reservation-system-in-india-upsc-ias-gk/

https://www.drishtiias.com/to-the-points/Paper2/reservation-in-india

https://indiankanoon.org/doc/1113850/

https://dopt.gov.in/sites/default/files/ch-11.pdf

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