Reservation is a policy enforced by the Government of India to give openings to historically marginalised and disadvantaged communities similar as Scheduled Castes( SCs), scheduled Tribes( STs), and Other Backward Classes( OBCs). It aims to promote social justice and ground the gap between privileged and depressed sections of society. The reservation policy has been a subject of debate and contestation since its commencement. Some argue that it has helped in upping the marginalised communities, while others believe that it has led to demarcation and hindered the progress of the country. This thesis will explore the impact of reservation on Indian society by assaying its history, perpetration, and consequences. Reservation in India is a government policy that aims to give chances and representation to historically marginalised and depressed sections of the society. It was introduced in the Indian Constitution to promote social justice and equivalency. still, this policy has been a subject of debate and contestation, with some people championing for its durability while others calling for its abatement. In this review, we will explore the impact of reservation on Indian society, covering its advantages and disadvantages.
HISTORICAL BACKGROUND:
The British social rulers enforced several programs and laws that further strengthened the estate system and institutionalised demarcation against lower castes. The Indian Penal Code of 1860 also criminalised certain actions of lower gentries and lines, while the Felonious lines Act of 1871 labelled certain communities as “ felonious ” grounded on their estate and subordinated them to social and profitable rejection. After India gained independence in 1947, the recently formed government honoured the need for social justice and enlistment of marginalised sections of society. The Constitution of India, taken in 1950, included vittles’ for reservation in education and employment for Scheduled Castes( SCs) and Scheduled Tribes( STs). This was done to address the literal and systemic demarcation faced by these communities and to give them chances for social and remunerative mobility. In 1953, the first Prime Minister of India, Jawaharlal Nehru, introduced the first reservation policy, known as the “ Peruvian Socialism ”, which aimed at promoting social and profitable equivalency through affirmative action. This policy also included provisions for reservation for Other Backward Classes( OBCs), who were supposedly socially and educationally underprivileged. Over time, the reservation policy has gone through several amendments and additions. In 1989, the Mandal Commission was set up to identify and give reservation for OBCs in government jobs and educational institutions. The commission’s recommendations were enforced in 1990, leading to wide protests and violence by upper- estate groups. the issue of reservation has been a subject of heated debate and contestation. While numerous argue that reservation has played a crucial part in upping marginalised communities and promoting social justice, others condemn it for immortalising estate- grounded division and hindering merit- grounded selection. There have also been demands for reservation grounded on profitable status rather than estate. The Constitution of India, under Articles 15( 4), 16( 4), and 46, handed for the reservation of seats in educational institutions and government jobs for slated gentries, slated lines, and Other Backward Classes( OBCs).
RESERVATION IN EDUCATIONAL INSTITUTIONS IN INDIA:
Reservation in educational institutions has been a hotly debated topic in India for numerous decades now. It refers to the policy of reserving a certain chance of seats in educational institutions for specific orders of people, similar as Scheduled Castes( SC), Scheduled Tribes( ST), Other Backward Classes( OBC), and economically weaker sections( EWS). The reservation policy was first introduced in India in the form of affirmative action in the Constitution of India, under Article 15( 4) and 16( 4). The end was to give chances for historically marginalised and depressed sections of society to pierce education and employment.[1] Still, over time, the reservation policy has become a contentious issue, with numerous arguing for and against it. Presently, the reservation policy in India includes 15 reservations for SCs,7.5 for STs, 27 for OBCs, and 10 for EWS in government jobs and educational institutions. This reservation policy covers all government- backed educational institutions, including universities, sodalities, and professional courses. Private institutions are also needed to reserve a certain chance of seats for these orders, but the exact chance may vary from state to state. The policy of reservation also applies to admissions to prestigious institutions like the Indian Institutes of Technology and Indian Institutes of Management. Reservation has also faced criticism for being a form of rear discrimination against those who don’t fall under the reticent categories. numerous argue that merit should be the sole criteria for admission to educational institutions, and reservation goes against this principle. It has also been refocused that the policy of reservation has not been suitable to achieve its intended goals in terms of enlistment of the marginalised communities. What’s demanded is a comprehensive review and reform of the reservation policy, taking into consideration the changing social and profitable dynamics of the country. It’s important to strike a balance between promoting social justice and icing merit- grounded admissions in educational institutions.
RESERVATION AND POLITICAL REPRESENTATION:
India’s system has been deeply hardwired in its society for centuries, with the four main varnish( Brahmins, Kshatriyas and Shudras) determining one’s social status and occupation. Dalit’s, formerly known as rejects, were considered the smallest in the estate scale and faced severe demarcation and rejection from society. The British social rule further corroborated estate divisions by enforcing programs that favoured the upper gentries which proposed separate electorates for Dalit’s( formerly known as untouchables) and other nonage communities. This sparked wide protests and led to the signing of the Poona Pact between Mahatma Gandhi and Ambedkar, which replaced separate electorates with reserved seats for Dalit’s within the Hindu community. This pact laid the foundation for the reservation policy in independent India. The Indian government has enforced reservation programs in education and employment sectors, but the focus of this thesis is on political representation. The Constitution of India provides for reservation of seats in the Lok Sabha( lower house) and the Rajya Sabha( upper house) for Scheduled Castes( SC) and Scheduled Tribes( ST) communities. also, a share system is in place for Other Backward Classes( OBCs) in government jobs[2] . The OBC representation has also increased from 17.1 in 1996 to 27 in 2019. This increase in representation has given a voice to these communities and their issues in the decision- making process. Reservation has been necessary in bridging the gap between the privileged and depressed sections of society. It has provided opportunities for education and employment to those who were preliminarily denied access due to their social and profitable status. This has resulted in the overall development and upliftment of these communities, leading to a further inclusive and just society[3]
RESERVATION BASED ON CASTE :
In India in 1950 through the Constitution, with the end of promoting social justice and equivalency. It was originally meant to be a temporary measure for a period of 10 times, but it has been extended and continues to be a contentious issue in the country the reservation system has also faced review for being a form of demarcation against those who don’t belong to the reticent orders. numerous argue that it goes against the principles of meritocracy and creates an unstable playing field for all individualities. This has led to resentment and pressure among different communities. This has also resulted in a decrease in the quality of education and work due to the reservation of seats for certain categories. In recent times, there have been several legal challenges to the reservation system, with some arguing that it violates the principle of equivalence elevated in the Indian Constitution. The Supreme Court of India has also given several judgments limiting the extent of reservation and emphasising on the need for a more indifferent distribution of opportunities .[4]
MISUSE OF RESERVATION :
One of the biggest issues with reservation in India is the lack of proper perpetration and monitoring. The criteria for eligibility are frequently not duly defined, leading to confusion and manipulation. numerous people who don’t belong to the reticent orders manage to gain fake estate instruments to mileage the benefits of reservation. This not only deprives the meritorious campaigners of their due openings but also creates a sense of resentment and animosity among different communities. Another form of misuse of reservation is through political influence. numerous political parties use reservation as a tool to appease certain vote banks and gain their support. This results in undeserving campaigners getting benefits of reservation, leading to the rejection of the truly deserving campaigners. numerous rich and privileged individuals falsely claim to belong to SC, ST, or OBC orders to secure reticent seats in education or jobs, depriving the meritorious campaigners of their rights. Another form of abuse is the practice of “ delicate Sub caste ” rejection, where individualities from the reticent orders who are financially well- out and socially privileged still continue to mileage of reservation benefits. This practice goes against the veritably idea of reservation, which is to hoist the marginalised and economically weaker sections of society. Firstly there should be stricter verification and scrutiny processes in place for estate instruments. corrective measures should be taken against those set up shamefaced of using fake instruments. Secondly, the delicate sub caste rejection should be enforced more rigorously to insure that the benefits reach the truly meritorious individualities. Thirdly, there should be a periodic review of the reservation programs to assess their effectiveness and make necessary changes.[5] Reservation was introduced as a means to achieve social justice and promote equivalency, but its abuse has led to the dilution of its purpose
JUDICIAL REVIEW IN RESERVATION :
Judicial review in reservation in India refers to the power of the bar to review and strike down any laws or government conduct related to reservation programs. The Indian Constitution incorporated the conception of reservation to promote social justice and hoist the backward classes. The power of judicial review in reservation matters is derived from Article 32 and 226 of the Indian Constitution, which gives the Supreme Court and High Courts, independently, the power to issue writs for the enforcement of abecedarian rights. This means that any individual or group can approach the courts if they believe that their abecedarian rights have been violated due to reservationpolicies. One of the major examines of the reservation system is the practice of caste- grounded reservation, which has been deemed unconstitutional by the Supreme Court. The court has held that reservation shouldn’t be solely grounded on estate but should also consider other factors similar as profitable status and educational backwardness and Another important aspect of judicial review in reservation is the conception of reservation in elevations. The Supreme Court, in the case of M. Nagaraj Vs. Union of India, held that the state isn’t bound to make reservations in elevations, but if they choose to do so, they must collect quantifiable data to show the backwardness of the particular class and inadequacy of representation in public employment. judicial review in reservation in India has been pivotal in icing that the reservation system is enforced effectively and in agreement with the principles of equivalency and social justice
CONCLUSION: The impact of reservation on Indian society has been both positive and negative. On one hand, it has handed openings for education, employment, and representation to historically oppressed communities similar as Dalit’s and Other Backward Classes. This has helped in reducing the gap between the privileged and depressed sections of society and has led to the commission of these communities. It has opened doors for individualities from marginalised communities to break free from the cycle of poverty and demarcation. However, there’s a need for continuous evaluation and enhancement of the reservation policy to insure that it’s achieving its intended pretensions without hindering the progress of the nation. Additionally, there’s a need for a further comprehensive approach towards addressing social inequalities and promoting inclusive growth in Indian society.
[1] Ankit Singh, Reservation in indian education system, Volume-2 International Journal of Trend in Scientific Research and Development 1230–1234 (2018) ( Lastly accessed in March 21)
[2] Jagannath Ambagudia, Scheduled tribes, reserved constituencies and Political Reservation in India, 5 Journal of Social Inclusion Studies 44–58 (2019).
[3] S.R. Maheshwari, Reservation policy in India: Theory and practice, 43 Indian Journal of Public Administration 662–679 (1997) ( Lastly accessed in March 21)
[4] Vishal N & Dr. Sreeya B, Public opinion on change in reservation policy, 24 International Journal of Psychosocial Rehabilitation 2878–2884 (2020) ( Lastly accessed in March 21)
[5] Chunuram Soren, Reservation in India: Rhetoric and reality, 9 International Journal of Advanced Research 507–515 (2021).( Last accessed in March 21)
Author: K Prasanna
Juris Centre 