Reservation is the process of assisting persons who have been subjected to historical injustice in areas such as education, scholarship, and employment. It is a type of affirmative action based on quotas. Constitutional laws, statutory laws, and local rules and regulations control it. In India, the reservation system encompasses a range of efforts such as reserving seats in legislatures, government posts and enrolling in higher educational institutions. The UPSC Indian Polity and Governance Syllabus include the Reservation in Indian Constitution which is described in this article.

Reservation System in India - Historical Background

Pre-Independence Period

• In India, the reservation system dates back to the 2nd century B.C., when the higher class received additional benefits.
• William Hunter and Jyotirao Phule came up with the idea of a caste-based reservation system in 1882.
• British Prime Minister Ramsay Macdonald introduced the Communal Award in 1933, which prepared the ground for a reservation that exists today.
• Separate electorates were established for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits.
• Mahatma Gandhi was against the communal award, but B.R. Ambedkar was in favor of it.
• The Poona Pact was signed to remedy the situation. The country would be divided into a single Hindu electorate, with seats reserved for Dalits.

Post-Independence Period

• By virtue of constitutional provisions, reservations were first allowed only for SCs and STs after independence.
• Later, the Parliament amended the Constitution which gave the government the authority to make particular arrangements for the social and economic advancement of the poor.

Reservation

• Reservation is the process of assisting persons who have been subjected to historical injustice in areas such as education, scholarship, and employment.
• It is a type of affirmative action based on quotas. Constitutional laws, statutory laws, and local rules and regulations control it.
• In India, the reservation system encompasses a range of efforts such as reserving seats in legislatures, government posts, and enrolling in higher educational institutions.

Reason for Reservation

• Lack of Jobs and security and prestige in government employment.
• In India, the educational system fails to adequately prepare graduates to engage in the economy. In addition, there is a scarcity of an entrepreneurial climate that favors employment creation rather than job hunting.
• Reservations, according to the different communities, are a solution to their rural hardship, particularly the agricultural crises.
• Many of the agitations are the result of a few people mobilising a large number of people for political gain.

Constitutional Provisions related to Reservation in India

• The Preamble advocates for "social, economic, and political fairness." The goal is to create a society that is free of discrimination. It entails giving priority to the weaker members of society.
• Part XVI of the Constitution deals with the reservation of SC and ST in Central and State legislatures.
• Articles 15(4) and 16(4) allowed state and central governments to set reservation seats in government services for members of the SC and ST communities.
• Articles 330 and 332 provide for particular representation in the Parliament and State Legislative Assemblies, respectively, by reserving seats for SCs and STs.
• Every Panchayat is required by Article 243D to reserve seats for SCs and STs.
• Every municipality is required by Article 233T to reserve seats for SCs and STs.
• According to Article 335 of the constitution, the claims of STs and STs must be taken into account in conjunction with the administration's efficacy.

Reservation in Promotion

• Article 16 (4) confers the power on the state to provide reservation for the backward classes only at the entry-level i.e., at the time of recruitment into public employment and not subsequent to requirement.
• The parliament enacted the 77th Constitutional Amendment Act, 1995 when the Supreme Court struck down the reservation in promotion. Parliament has introduced Article 16 (4A) that confers the power on the state to provide reservation in promotion in favor of SCs and STs communities in the opinion of the state these two communities are not adequately represented in public employment.
• The 81st Amendment Act, 2000 included Article 16 (4B), which allows the state to replace unfilled SC/ST seats in the next year, effectively nullifying the 50% reservation ceiling on total vacancies for that year.

Reservation in Education

• Article 15 (4) was introduced by the 1st Amendment Act, 1951. It confers the power on the state to make special provisions in favor of socially and educationally backward classes of citizens.
• This provision has a wider scope than the benefits that can be extended to the backward classes in the form of reservation of seats in higher education institutions, scholarship, hostel facilities, fee concession, etc.
• Article 15 (5) was introduced by the 93rd Amendment Act, 2005. It confers the power on the state to provide by law reserving seats in favour of backward classes of citizens in educational institutions including private educational institutions whether aided or unaided by the state by excluding minority educational institutions.
• This provision had been made use by central and state governments to extend reservation to backward classes including not more than 27% seat reserved in favour of OBC in educational institutions such as IIT, NIT, IIM but not in research oriented institution such as Indian Institute of Science, Bhabha Atomic Research Center etc.

Reservation for Economic Weaker Section

• Article 15 (4) and Article 16 (4) was introduced into the constitution by the 103rd Constitutional Amendment Act, 2019.
• It confers the power on the state to provide by law 10% reservation in jobs and admissions in education institutes in favour of Economically Weaker Sections (EWS) to promote the welfare of the poor not covered by the 50% reservation policy for SCs, STs and Socially and Educationally Backward Classes (SEBC).
• Qualification Criteria:
• Whose entire family's annual income is less than Rs. 8 lakhs.
• Don't have more than 5 acres of farmland.
• Do not own a residential apartment with a square footage of 1000 square feet or more.
• Do not own a residential plot with a size of 100 yards or more in notified municipalities, or 200 yards or more in non-notified municipalities.

Commissions Related to Reservation

Mandal Commission:

• Aim: To determine the criteria for defining India’s “socially and educationally backward classes”.
• According to the Mandal Commission, approximately 52% of India's population is OBC, hence 27% of government positions should be designated for them.
• 11 indicators of social, educational, and economic backwardness have been created by the panel.
• The Commission has identified backward classes among non-Hindus.
• It has developed a list of 3,743 other backward classes (OBC) castes across India, as well as a list of 2,108 “depressed backward classes” castes.

SR Sinho Commission:

• Reservations in government positions and education should be granted to the poor in general, and a constitutional amendment is required to do so.
• The panel found that non-income taxpayers in the general group were economically backward, comparable to OBCs.
• Economically Backward Classes (EBCs) children should be entitled for subsidised health care and government housing assistance, as well as soft loans for higher education, scholarships, and coaching for central and state civil service tests.
• The commission proposed the establishment of a National Commission to provide financial assistance to EBCs.

Reservation for Women

• 108th Constitutional Amendment Bill introduced in the Parliament for the one-third of reservation of seats for women in Parliament and the State legislatures. It may be allotted by rotation to different constituencies in the state or union territory.
• Clause in the Bill: Reservation shall cease to exist after fifteen years from date of implementation.

Special Reservation Policy of Tamil Nadu Government

• Tamil Nadu is the only state in India that provides for reservation of 69% of the seats in public employment and educational institutions being reserved in favour of backward classes of citizens.
• It was declared unconstitutional and void by the Supreme as it violated the vertical reservation rule laid down by the Supreme Court.
• In 1994, 69% reservation policy of the Tamil Nadu Government passed in the form of enactment by the state legislature was placed under the 11th schedule of the Constitution.
• Article 31B states that any enactment that is placed under the 11th schedule of the constitution cannot be challenged before a court of law.

Reservation by Different Groups

Maratha Community:

• In November 2018, the Maratha community was given the reservation under the Maharashtra State Socially and Educationally Backward Act.
• Reservation Increased: 12-13% (in education and jobs) to 64-65%.
• Later it was declared unconstitutional.

Patels Community:

• The Patels from Gujarat also demanded that the SC/ST quotas be abolished.
• They have been protesting since 2015, seeking to be classed as OBC. The movement has occasionally devolved into violence, resulting in property destruction.
• The Gujarat government attempted to attract them by allocating a 10% quota to the community. However, it was declared unconstitutional and void by the Gujarat High Court.

Jats Community:

• Similarly, the Punjab and Haryana High Court has struck down the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill. which was seeking for the reservation for Jats in Haryana.

Judicial Pronouncement related to Reservation

• Smt. Champakam Dorairajan v. State of Madras (1951) case: The court ruled in this instance that caste-based reservations are in violation of Article 15 of the Constitution (1). Article 15(1) prohibits the state from discriminating against citizens solely on the basis of religion, race, caste, sex, or place of birth, or any combination of these factors.
• As a result, the First Constitutional Amendment was enacted. Article 15 (4) was added by the Parliament and inserted reservation provisions.
• Devadasan v Union of India case 1964 and M R Balaji v State of Mysore case 1963: The court ruled in several decisions that public administration efficiency is critical. The court also ordered the government to keep the reservation at 50%.
• The Supreme Court upheld the 27% quota for backward classes in the Indra Sawhney case of 1992, but overturned a government notification reserving 10% of government positions for economically backward groups among the higher castes.
• The Supreme Court also supported the concept that the total number of people eligible for reservations should not exceed 50% of India's population.
• The term "creamy layer" was coined as a result of this decision. According to the Court, the creamy layer of OBCs shall be eliminated from the list of reservation beneficiaries.
• The Supreme Court ruled in P.A. Inamdar & Ors. Vs. State of Maharashtra that the state cannot impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges.
• In I.R. Coelho vs State of Tamil Nadu, 2007 case Supreme court held that all those enactments that were placed under the 9th schedule before the emergence of the doctrine of basic structure on 24th April 1973 shall continue to enjoy immunity from judicial review.
• But all those enactments which were placed under the 11th schedule on or after 24th April, 1973 are subjected to judicial review. Thus, the Tamil Nadu reservation policy has been challenged before the Supreme Court and court is yet to give his decision.
• While upholding the constitutional legality of Article 16(4A), the Supreme Court declared in M. Nagaraj v. Union Of India (2006) that any such reservation scheme must meet the following three constitutional elements in order to be constitutionally valid:
• Collect quantitative statistics about the class's backwardness.
• Demonstrate its lack of representation in government jobs.
• Make no concessions in terms of administrative efficiency.

Arguments in favour of Reservation

• In India, caste-based reservation is a requirement due to historical neglect and injustice to backward communities.
• Reservation creates a level playing field.
• Reservations have not harmed administration efficiency, but have improved quality, according to a study. The best example is Indian Railways, where the number of SC/ST staff is higher, and the results are better.
• Recent studies on Panchayats have found that reserving seats for women has a good impact.
• It has the potential to increase women's political representation. It allows for the number of women in parliament to be flexible.
• For EWS Category: According to the government, the modification was necessary to help EWS who are not protected under existing reservation programmes, which, according to statistics, make up a sizable portion of the country's population.
• It may progressively erase the stigma associated with reservation, because reservation has historically been linked to caste, and those who enter through the reservation are frequently looked down upon by the upper caste.

Arguments against the Reservation

• India is a multi-caste civilization with several different castes. Expanding the reserve policy could be used as a political tool by political parties. A reservation is merely a temporary and limited remedy to issues of historical injustice.
• Reservation affects the country's economic growth rate by reducing the effectiveness of its labour force.
• Reservation agitations, as they did at the Mandal Commission's time, may provoke social upheaval.
• The total efficiency of government positions and educational quality may be jeopardised if the reservation ceiling is raised above 50%. Furthermore, it has the potential to wreak havoc on these industries in the long run.

Way forward/Suggestion for Reservation

• Reservation is fair in the sense that it provides adequate affirmative action for the benefit of the oppressed and economically disadvantaged members of society.
• However, it violates the goal of positive discrimination when it tends to hurt society and assures privileges for some at the expense of others for limited political ends.
• If social justice is the cornerstone of reservation policy, India is at a point where it can only be achieved by establishing large-scale jobs and educational possibilities, not by extending reservations along caste lines.

Conclusion

Reservation is a temporary policy measure adopted by the framers of the Constitution that should not be misconstrued. Increasing the number of reservations gradually is not a long-term answer. Furthermore, Social Justice must be achieved without jeopardising long-term efficiency. As a result, it is past time for the government to move beyond caste-based reservations.

FAQs

MCQs

1. Which Constitutional Amendment introduced the reservation for economically weaker sections (EWS) in India?

A) 91st Amendment
B) 100th Amendment
C) 103rd Amendment
D) 104th Amendment

2. Which article of the Indian Constitution allows special provisions for the advancement of socially and educationally backward classes?

A) Article 14
B) Article 15
C) Article 17
D) Article 19

3. What was the key decision in the Indra Sawhney case (1992) related to reservation?

A) Introduction of EWS reservation
B) Implementation of reservations in private sector
C) 50% cap on reservations
D) Removal of caste-based reservations

4. Which of the following communities is NOT covered under the reservation system according to the Indian Constitution?

A) Scheduled Castes
B) Scheduled Tribes
C) Other Backward Classes
D) Economically Weaker Sections (EWS)

5. Which of the following states implemented reservations exceeding the 50% cap set by the Supreme Court?

A) Maharashtra
B) Tamil Nadu
C) Rajasthan
D) Kerala

GS Mains Questions and Answers

Q1: Discuss the constitutional provisions related to the reservation system in India and how it aims to address social inequalities.

Answer: The Indian Constitution provides for the reservation system to promote social justice and equality, especially for historically marginalized communities such as SCs, STs, and OBCs. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth but allows for special provisions for socially and educationally backward classes. Article 16 ensures equality of opportunity in public employment and permits reservations for backward classes.

The reservation system aims to uplift disadvantaged groups by providing them access to education, employment, and political representation. It is part of affirmative action policies to bridge social and economic disparities caused by historical discrimination and exclusion. The 103rd Constitutional Amendment also introduced reservations for EWS of the general category, recognizing economic disadvantage as a factor for providing affirmative action.

Q2: Critically analyze the impact of the 50% cap on reservations imposed by the Supreme Court in the Indra Sawhney case (1992).

Answer: The 50% cap on reservations imposed by the Supreme Court in the Indra Sawhney case was intended to maintain a balance between merit and affirmative action. The Court held that exceeding this limit could compromise the principle of equality by overemphasizing reservations at the expense of merit-based selection.

While the cap was seen as necessary to preserve the integrity of the reservation system, it has also faced criticism for limiting opportunities for disadvantaged groups, particularly in states where socio-economic inequalities are more pronounced. States like Tamil Nadu have implemented reservations exceeding the 50% limit based on local conditions, challenging the Court's ruling. Thus, the 50% cap remains a topic of debate in balancing social justice with meritocratic principles.

Q3: Evaluate the introduction of the 10% reservation for Economically Weaker Sections (EWS) through the 103rd Constitutional Amendment.

Answer: The 103rd Constitutional Amendment introduced a 10% reservation for Economically Weaker Sections (EWS) of the general category, marking a significant shift in India's reservation policy by including economic criteria. This amendment sought to address economic disadvantage as a valid factor for affirmative action, recognizing that poverty affects access to education and employment opportunities irrespective of caste.

While the amendment was welcomed for extending the benefits of reservation to economically disadvantaged individuals, it has also been criticized for potentially diluting the original purpose of caste-based reservations, which aimed to address historical social injustices. Moreover, the amendment was challenged for exceeding the 50% reservation cap, although the Supreme Court upheld its constitutionality. The EWS reservation has added a new dimension to the debate on affirmative action in India.

Previous Year Questions on Reservation in Indian Constitution

1. UPSC CSE Prelims 2020:

Question: Which Constitutional Amendment introduced the 10% reservation for economically weaker sections (EWS) in India?

A) 91st Amendment
B) 103rd Amendment
C) 101st Amendment
D) 104th Amendment

Answer: B

Explanation: The 103rd Constitutional Amendment introduced the 10% reservation for economically weaker sections (EWS) in education and government jobs, extending affirmative action beyond caste-based reservations to those facing economic disadvantages.

2. UPSC CSE Mains 2018 (GS Paper 2):

Question: "The reservation system in India has evolved over time to address both social and economic inequalities." Discuss with reference to recent developments.

Answer: The reservation system in India has its roots in the Constitution, which aimed to address historical social inequalities by providing affirmative action for SCs, STs, and OBCs. Over time, the system has evolved, most recently with the 103rd Constitutional Amendment, which introduced a 10% reservation for EWS of the general category. This amendment extended reservations to individuals facing economic disadvantage, reflecting a shift towards recognizing economic inequality alongside social disparities.

The evolution of the reservation system has been marked by debates over its effectiveness and fairness, with challenges to the Supreme Court’s 50% cap and increasing demands for reservations based on both social and economic criteria. The system continues to play a central role in promoting social justice, but its future development will depend on balancing the goals of equity and merit.