Author: Haripriya Rajendra Tiwari (Reshma), Adv Balasaheb Apte college of law
To the point
From Oppression to Opportunity: The Journey of Reservation in India.
For centuries, caste in India was more than just a social label — it was a life sentence. Individuals born into lower castes were barred from entering temples, denied access to public wells, excluded from schools, and pushed to the margins of society. Their labor was used, but their presence was unwelcome. Social mobility was a myth; dignity was a luxury they were never allowed.
In these deeply unjust times, Dr. B.R. Ambedkar emerged as a powerful voice for equality. Born into a Dalit family himself, Ambedkar defied all odds through education and courage. As the principal architect of the Indian Constitution, he gave this nation a framework built on justice, liberty, and fraternity. One of his key proposals — reservation — was introduced not as a permanent fix but as a temporary measure to support communities crushed under the weight of historical injustice.
Use of Legal Jargon
The caste hierarchy in India functioned as a de facto violation of the constitutional guarantee of equality before the law, as enshrined in Article 14 of the Indian Constitution, thereby infringing upon fundamental rights related to equal protection. The reservation policy was constitutionally legitimized under Articles 15(4) and 16(4), empowering the State to enact affirmative action for Scheduled Castes, Scheduled Tribes, and Socially and Educationally Backward Classes. The judiciary has consistently maintained a ceiling of 50% on the aggregate reservation quota, except under extraordinary circumstances, and has delineated the “creamy layer” exclusion principle to prevent affluent members within backward classes from availing of reservation benefits. Further, the 103rd Constitutional Amendment introduced a 10% reservation quota for the Economically Weaker Sections within the forward castes, thereby expanding the ambit of affirmative action to include economic disadvantage, reflecting the evolving judicial understanding of social justice.
The Proof
The Roots of Reservation: Pre-Independence India
The idea of reserving opportunities for underprivileged communities isn’t new. As early as 1902, Shahu Maharaj of Kolhapur implemented one of the first caste-based reservations in India, offering quotas in government employment for backward communities.
Later, under British rule:
The Morley-Minto Reforms of 1909 introduced separate electorates for Muslims.
In 1932, the Communal Award proposed similar treatment for Dalits, but after strong opposition from Gandhi, the Poona Pact was signed, allowing for reserved seats in legislatures instead of separate electorates for Dalits.
Post-Independence Foundations (1947–1970s)
After gaining independence in 1947, India began shaping its new identity with the drafting of the Constitution. On January 26, 1950, the Constitution came into effect, formally allowing the government to provide special measures for Scheduled Castes (SCs), Scheduled Tribes (STs), and later, Socially and Educationally Backward Classes (SEBCs).
Article 15(4) and Article 16(4) were added to support affirmative action.
The First Constitutional Amendment (1951) addressed challenges to educational reservations.
In 1963, the Supreme Court in Balaji v. State of Mysore set a guideline limiting total reservations to 50%, a figure still cited in legal debates today.
The Mandal Commission and OBC Reservations (1979–1990s)
In 1979, the Indian government appointed the Mandal Commission, headed by B.P. Mandal, to assess and recommend policies for backward classes. In 1980, the commission submitted a report suggesting 27% reservation for Other Backward Classes (OBCs) in central government services and educational institutions.
These recommendations were implemented by Prime Minister V.P. Singh in 1990, triggering widespread unrest and student protests. The move was later challenged in court.
In 1992, the landmark Indra Sawhney case:
Upheld the 27% OBC reservation.
Introduced the “creamy layer” concept to exclude affluent OBCs.
Reaffirmed the 50% cap on total reservations, unless in exceptional cases.
Legal Changes and Expansions (2000s Onward)
2006: Reservation was extended to premier educational institutes like IITs and IIMs for OBCs.
2008: The Supreme Court upheld this extension with creamy layer safeguards.
2010: Rajasthan tried extending quotas to Gujjars under the Special Backward Class category, but the courts struck it down for breaching the 50% limit.
EWS Quota and Economic Criteria (2019)
The 103rd Constitutional Amendment (2019) introduced a 10% reservation for Economically Weaker Sections (EWS) among forward castes. This marked a major shift — the first reservation in India based entirely on economic status, not caste. Although it raised the total reservation above the 50% threshold, the Supreme Court upheld it in 2022, signaling a turning point in how affirmative action might evolve in the future.
Present-Day Scenario (2020s)
-SC/ST quotas remain active in education, employment, and political representation.
-OBCs enjoy a 27% quota in central services, subject to creamy layer rules.
-EWS candidates from non-reserved castes benefit from the 10% quota.
-Marathas and Jats have protested for OBC inclusion but were blocked due to legal and constitutional limits.
In some states, such as Tamil Nadu, reservations legally exceed 50%, safeguarded under the 9th Schedule of the Constitution.
Abstract
A Nation of Law, Not Legacy
India is a country governed by law, not lineage. A basic principle of justice is that no person should be punished for the acts of another. If our Constitution believes that, why must today’s general category youth suffer for the sins of their ancestors?
In fiercely competitive exams like JEE and NEET, students from every caste now study with the same books, same syllabus, same technology, same mentors. Yet, with lower scores, a reserved category student enters a top medical or engineering institute, while a general category student with better marks is left behind.
“Even the Constitution said reservation was temporary — politics turned it into permanence.”
This isn’t social justice — this is social hypocrisy.
Real-World Examples: The Misuse of a Noble Idea
1. Tina Dabi’s Controversial Advantage
In 2015, Tina Dabi, a bright student from a well-placed Dalit family, topped the UPSC exam. What drew criticism wasn’t her success, but the fact that she used the reservation benefit despite her elite upbringing and educational advantages. Even her father, a senior civil servant, benefited from quotas. This raises ethical questions about whether reservation still serves the marginalized — or just the politically aware and already upwardly mobile.
2. General Category Youth Left Behind
In 2022, more than 1.5 lakh general category students with over 95 percentile in NEET couldn’t secure admission in medical colleges. Meanwhile, students from reserved categories were admitted with scores nearly 40–50 percentile lower.
In some government job recruitments, a general category candidate scoring 140 marks was rejected while a reserved category candidate with 90 marks got the post. Such disparities are now common — and deeply demoralizing.
“In India, if you want to go forward, you need to be backward”- Shashi Tharoor
Equality in School, Inequality in Life
Schooling teaches equality: same dress code, same syllabus, same classroom. But once you reach the gates of competitive exams or job interviews, caste certificates begin to matter more than credentials.
In the public sector, reservation has unfortunately created tension among colleagues, turning workplaces into battlefields of perceived entitlement and resentment. Instead of erasing caste, the system has made it more visible and permanent.
The Damage to Dignity
Reservation, if stretched beyond its rightful purpose, doesn’t just hurt the general category — it also undermines the dignity of deserving SC/ST/OBC candidates. Many want to succeed on their own merit, but the tag follows them everywhere, leading others to dismiss their success as ‘quota-based’. Reservation destroys self respect so much that competitions is no longer on to determine the best but the most backward.
Further, within backward categories, the better-off sections often monopolize the benefits. The truly poor — even within those categories — remain largely excluded. In the end, reservation has often become a system of entitlement, not empowerment.
Important Legal Case References
1.State of Madras vs Champakam Dorairajan (1951):
The Supreme Court held that caste-based reservation violates the Constitution’s right to equality. This led to the First Amendment, allowing the state to create special provisions for backward classes.
2.Indra Sawhney vs Union of India (1992):
The Supreme Court upheld OBC reservation but excluded the creamy layer, stating that reservation should not exceed 50% except in extraordinary situations.
Conclusion
Reservation – Reform, Not Rejection
Reservation, in its purest spirit, is a noble tool. It seeks to empower the voiceless, uplift the downtrodden, and ensure equal starting points.
But when it begins to harm society, deny opportunities to deserving individuals, and becomes a vote-bank weapon, it must be reformed.
It’s time we replaced perpetual labels with temporary lifelines. Let the reservation serve the economically weak, not the politically strong.
FAQs
Q1: What is a reservation?
Reservation is a policy that sets aside a certain percentage of seats or jobs for underprivileged groups like Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) to promote social equality.
Q2: Does reservation mean less merit?
Reservation aims to balance opportunity, not compromise merit. It ensures fairness by leveling the playing field for those who had fewer chances.
Q3: Are there any limits to reservation?
Yes, the Supreme Court of India has suggested that total reservations should not exceed 50% to maintain fairness.
Q4: Can reservation be misused?
While misuse can happen, strict verification and rules are in place to minimize it.
Q5: Is reservation a permanent solution?
Reservation is seen as a temporary measure until equality is achieved, but social reforms and education remain crucial for long-term change.
