AUTHOR: AKSHAYA SINGH, NBT LAW COLLEGE
SHORT SUMMARY:
The affirmative action in India, which is commonly known as Reservation carries the purpose of uplifting the oppressed communities in India. The Reservation system of India is segregated into two types Horizontal and Vertical reservation. Vertical reservation is community-based and Horizontal reservation is based on specific groups such as women, person with disabilities, ex-serviceman, economically weaker. The reservation system in India has gone through several stages to get placed in the constitution. One of the stages of reservation in India is Communal Representation Act of 1921 in Madras Presidency. The Communal Government Order is considered as the seed for Vertical affirmative action in India as it paves way of seat allotment for socially disadvantage communities in education, government jobs, and political sector. In Independence India, the very first amendment of 1951 is in Article 15(4) which allows special provisions for SEBC/SC/ST in education. In 1995, the state added an extra clause in Article 16(4A), which allows reservation in promotion in SC/ST in government jobs. In 2000, the state amended Article 16(4B) by allowing carry forward of unfilled reserved seats of SC/ST. In 2001, Article 16(4A) added another special provision by allowing seniority benefit in promotions of SC/ST. In 2005, Article 15(5) was added, which allows reservation for SC/ST/OBC in private educational institution. In 2019, the 103rd Amendment added another provision in Article 15(6) and 16(6), which introduced EWS reservation in educational and government jobs for economical weaker section, who are not covered under SC/ST/OBC.
ABSTRACT:
In 1921, the Communal Government Order introduce in Madras presidency by Justice Party League. This marked as an official first attempt of implementing community-based affirmative action in independence India. The important reason to implement community-based affirmative action is because of the domination of socially advantaged community (Brahmins) in public sectors and educational institutions. This quota allocated seats for non-privileged groups in public sector and educational Institution. This move welcomed contemporary reservation policies to maintain social justice. But in 1951, in the case of Champakam Dorairajan Vs State of Madras the Communal Representation Act was struck down by the apex court. But this doesn’t cause an end to affirmative action in India. Lets explore how the evolution of the Communal Government Order laid the foundation for the reservation system in India.
NON-BRAHMIN MOVEMENT:
The successful implementation of Indian Councils Act, 1909 an enactment under Minto-Morley Reforms, a reservation for Muslim community inspired non-brahmin leaders for such affirmative action for underprivileged communities. The political leaders believed that the representation action would release them from the domination of socially advantaged communities. The Justice League Party, a most prominent non-brahmin political party submitted memorandum to the Madras Government regarding the enactment of community-based affirmative action for the upliftment of oppressed communities. After the submission of this memorandum, the Madras Mail Editorial commented that even under Minto-Morley Reform, the non-brahmin felt marginalized. This realization fueled up the situation and the rise of Non-Brahmin Movement initiated across the Madras presidency.
COMMUNAL REPRESENTATION IN MADRAS PRESIDENCY (1921):
As per the memorandum submitted to the Madras Government by Justice Party League caused the result of formal introduction of communal representation in 1921 in the Madras Presidency, providing reserved seats for non-Brahmins in non-Muhammadan constituencies. The Justice Party advocated for separate electorates, believing this would pave way for non-Brahmins to gain representation rights without interference. In contrast, the Madras Presidency Association proposed reservations within general constituencies, aiming to promote representation while keeping a unified electorate. To balance these positions, the British government introduced a compromise by creating plural-member constituencies. In this system, 28 out of 63 seats in non-Muhammadan constituencies. This allowed for guaranteed representation without establishing entirely separate electorates. The enactment of Communal Representation Act of 1921 was a massive victory for the Justice Party and the broader non-Brahmin movement. This reform laid the foundation for future reservation policies and contributed significantly to the emergence of Dravidian political identity and social justice movements in South India.
RESERVATION QUOTA:
Brahmins – 16%
Non-Brahmins – 44%
Muslims – 16%
Christians – 16%
Adi Dravidas (Dalits) – 8%
STATE OF MADRAS VS SRIMATHI CHAMPAKAM DORAIRAJAN 1951:
In 1950, Srimathi Champakam Dorairajan, a Brahmin women challenged against Communal Government Order (G.O) of 1921 after she failed to get admission in state-funded institution irrespective scoring high. She appealed Madras High Court as G.O violates her fundamental rights guaranteed under Article 29(2) of the Indian constitution, which prohibits discrimination in admission to state-funded educational Institutions on the grounds of race, caste, religion, language. The Madras High Court ruled in favour of Mrs. Dorairajan as G.O reservation system violates the fundamental rights guaranteed under the constitution. The State of Madras escalated the appeal to Supreme Court on 1951 which they challenged against the Madras High Court order. The Supreme Court also ruled in favour of Champakam Dorairajan and struck down the Communal Government Order. The SC ruled no government order should infringe fundamental rights guaranteed under the constitution.
PERIYAR’S COMMUNAL REPRESENTATION DAY:
After the ruling of Madras High Court against Communal Government Order, E.V. Ramasamy Periyar, a prominent social reformer launched a significant movement in Indian history. Periyar declared August 14, 1950 as Communal Representation day, and led a historical protest against the cancellation of Communal G.O by Madras High Court. Though the SC ordered against the implementation of G.O, the protest of Periyar didn’t stop. Periyar’s step influenced public which eventually made them to take part in the protest on favor of Communal Government Order. This protest included students, business boycotts, and mass rallies across Madras Presidency. This protest pressured heavily on the central government. Understanding the hectic situation of Madras State, Kamaraj the president of the Tamil Nadu Congress Committee on 1951 took initiative to convey the need of affirmative action on the basis of community to the Prime Minister Jawaharlal Nehru. By emphasizing the importance of communal reservation he urged Nehru to take decision. After the discussion Nehru and Law Minister Dr.B.R. Ambedkar initiated the very first amendment of the constitution that is Article 15(4) which allows the government to make special provisions for the upliftment of socially and educationally communities.
CONCLUSION:
The introduction of Communal Government Order of 1921 created a spark in Madras Presidency turned into a historical movement against the inequality in India, which is inequality. The reformers of Madras Presidency played a vital role. E.V. Ramasamy Periyar’s brave action towards the cancellation of communal representation created a mass movement in the Madras State, which showed the power of unity. K.Kamaraj’s initiative to reach out the Prime Minister of the nation to seek way for the upliftment of socially and educationally backward communities showed the best part of south involvement in the governance. The powerful efforts led the central to introduce the most powerful social reform, the First Constitutional Amendment of 1951, which gave backing to the reservations.
LEGAL JARGONS:
Article 15(4) – Authorizes the State to take affirmative steps, such as reserving seats in educational institutions, to support the progress of socially and educationally disadvantaged groups, including SCs and STs.
Article 15(5) – Enables the State to provide reservations in admissions to educational institutions, including private ones (except minority-run institutions), for SCs, STs, and OBCs.
Article 15(6) – Introduced to support Economically Weaker Sections (EWS) by allowing up to 10% reservation in educational institutions, including private ones (except minority institutions), for those not covered under SC/ST/OBC categories.
Article 16(4A) – Empowers the State to grant reservation in promotions within public employment for SCs and STs, in cases where they are found to be inadequately represented.
Article 16(4B) – Permits the carry forward of unfilled reserved vacancies for SCs and STs to the next year, without violating the 50% reservation limit in a single year.
Article 16(6) – Provides up to 10% reservation in public employment for EWS among citizens who are not covered under SC, ST, or OBC reservations.
FAQS
1. What was the Communal Government Order (G.O) of 1921?
The Communal G.O of 1921 was a reservation policy introduced by the Justice Party in the Madras Presidency, which allocated seats in education and public jobs for various communities, including non-Brahmins, Muslims, Christians, and Dalits. It is considered the foundation of vertical reservation in India.
2. Why was the Communal G.O struck down by the Supreme Court in 1951?
In the Champakam Dorairajan case (1951), the Supreme Court ruled that the G.O violated Article 29(2) of the Constitution, which guarantees the right to admission in state-run educational institutions without discrimination based on religion, race, caste, or language.
3. How did the Indian government respond to the Supreme Court’s ruling in the Champakam case?
In response, the Indian government passed the First Constitutional Amendment in 1951, introducing Article 15(4), which legally allowed the State to make special provisions for SCs, STs, and socially and educationally backward classes (SEBCs)—thus protecting affirmative action.
4. What role did Periyar and K. Kamaraj play in defending the Communal G.O?
Periyar organized large-scale protests and marked August 14, 1950 as Communal Representation Day. K. Kamaraj, leader of the Tamil Nadu Congress, advocated for affirmative action by pressuring Prime Minister Nehru, which influenced the constitutional amendment supporting reservation.
5. What was the significance of the Communal G.O in shaping India’s reservation policy?
The Communal G.O was the first formal effort to implement caste-based reservations in modern India. Although struck down, it laid the groundwork for constitutional provisions like Articles 15(4), 16(4A), and 16(6), which uphold affirmative action and social justice today.
