Article 15(4) of Indian constitution empowers the government to make special provisions for advancement of backward classes. Similarly, Article 16 provides for equality of opportunity in matters of employment or appointment to any post under the State.
“Clause 2 of Article 16 lays down that no citizen on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them be discriminated in respect of any employment or office under the State.”
Facts About Reservation System
- 1882 – Hunter Commission was appointed. Mahatma Jyotirao Phule made a demand of free and compulsory education for all along with proportionate reservation/representation in government jobs.
- 1902-Shahu, the Maharaja of the princely state of Kolhapur, introduced reservation in favour of non-Brahmin and backward classes.He provided free education to everyone and opened several hostels to make it easier for them to receive it.He also tried to ensure that people thus educated were suitably employed, and he appealed both for a class-free India and the abolition of untouchability. His 1902 measures created 50 per cent reservation for backward communities.
- 1909-the Government of India Act was introduced as a elements of reservation by The British Raj and there were many other measures put in place prior to independence.
- 1932 June- Round Table Conference was held, when the Prime Minister of Britain, Ramsay Macdonald, proposed the Communal Award, according to which separate representation was to be provided for Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans. The depressed classes were assigned a number of seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats. The proposal was controversial: Mahatma Gandhi fasted in protest against it but many among the depressed classes, including their leader, B. R. Ambedkar, favoured it.
- 1953-Kalelkar Commission was established to assess the situation of the socially and educationally backward class. The report was accepted as far as Scheduled Castes and Scheduled Tribes were concerned. The recommendations for OBC’s were rejected.
- 1979-Mandal Commission was established to assess the situation of the socially and educationally backward. The commission didn’t have exact figures for a sub-caste, known as the Other Backward Class (OBC), and used the 1930 census data, further classifying 1,257 communities as backward, to estimate the OBC population at 52%.ln 1980, the commission submitted a report, and recommended changes to the existing quotas, increasing them from 22% to 49.5%.ln 1990, the Mandal commission recommendations were implemented in Government Jobs by Vishwanath Pratap Singh. Student Organisations launched nationwide agitations. Rajiv Goswami, a Delhi university student attempted self-immolation. Many students followed suit.
- 1992-Supreme Court ruling in the Indra Sawhney case said that reservations in job promotions are “unconstitutional” but allowed its continuation for five years.
- 1995-The 77th amendment to the Constitution was made to amend Article 16 before the five-year period expired to continue with reservations for SC/STs in promotions. It was further modified through the 85th amendment to give the benefit of consequential seniority to SC/ST candidates promoted by reservation
- 2003- The Sachar Committee headed by Justice Rajinder Sachar, and including Sayyid Hamid, Dr. T.K. Ooman, M.A. Basith, Dr.Akhtar Majeed, Dr.Abu Saleh Shariff and Dr.Rakesh Basant was appointed for preparation of a report on the social, economic and educational status of the Muslim community of India. Dr.Syed Zafar Mahmood was the civil servant appointed by the PM as Officer on Special Duty to the Committee. The committee submitted its report in the year 2006.
- 2007- the Government of Uttar Pradesh introduced reservation in job promotions. However, citing the Supreme Court decision, the policy was ruled to be unconstitutional by the Allahabad in 2011. The decision was challenged in the Supreme Court, which upheld it in 2012 by rejecting the government’s argument because it failed to furnish sufficient valid data to justify the move to promote employees on a caste basis.
- 2010 March-The Women’s Reservation Bill was passed by the Rajya Sabha by a majority vote of 186 members in favour and 1 against. As of March 2013, the Lok Sabha has not voted on the bill. Critics say gender cannot be held as a basis for reservation alone other factors should also be considered e.g. economic, social conditions of woman candidate especially when applying reservation for educated women.
- 22 December 2011-The Union Government announced establishment of a sub-quota of 4.5% for religious minorities within the existing 27% reservation for Other Backward Classes. The reasoning given was that Muslim communities that have been granted OBC status are unable to compete with Hindu OBC communities.
- 2016-the provision Rights of Persons with Disabilities Act,The Department of Personnel and Training has issued notification to provide quota to people with autism, mental illnesses, intellectual disability and victims of acid attacks in Central government jobs.In case of direct recruitment, 4% of the total number of vacancies, up from existing 3%, in groups A, B and C will be reserved for people with Benchmark disability i.e. person with not less than 40% of a specified disability. The additional 1 % reservation to existing 3% reservation is as per the provision Rights of Persons with Disabilities Act, 2016.
- 2017-18, The Union Cabinet has approved second and final extension of term of Commission constituted to examine issue of Sub-categorization of Other Backward Classes in Central List for period of twelve weeks upto June, 2018. The Commission was constituted with approval of President under article 340 of Constitution in October, 2017. It is headed by Justice (Retd.) G. Rohini.
Video On Reservation System
Arguments In Favor Of Reservation
- The caste-based reservation cannot be claimed to be completely irrelevant as even today, the lower class is exploited and discriminated against after 62 years of the abolishment of untouchability as is evident in the case of Rohith Vemula.
- Due to historical negligence caste based reservation are a political necessity in India.
- Affirmative Action has helped many backward communities in getting education and jobs, which were denied them since long.
- Though Meritocracy is important aspect, but is meaningless without equality.
- To the great extent caste based reservation reduced the gap between upper and lower castes.
- A study to measure the impact of reservations on efficiency, concluded that reservations have not hampered the efficiency of administration, rather they have enhanced quality.
- The example of the Indian railways proves that where SC/ST employees are more in number, the results have been better.
Arguments Against Reservation
- Many people of lower castes have stepped up the social ladder and are now on an equal footing with the ‘general’ population.
- On the other hand, many upper castes are still suffering from poverty and illiteracy.
- The present reservation system can harm the economic structure of the country as it could bring down the efficiency of its labour.
- Caste based reservation is one of the many issues which may develop into communal riots.
- Many times economically sound people enjoyed the benefits caste based reservation, leaving aside real needy people.
