The Politics of Reservation in India: Constitutional and Social Perspectives

Author: Sayan Sarkar, a student at South Calcutta Law College

Abstract:

The policy of reservation is one of the affirmative action policies instituted by India for correcting historical injustices and promotion of social equality. The policy of reservation mainly involved debate on constitutional, social, and political reservation policies. The article presents the development of the reservation system since its inception; further analyses legal provisions in the constitution, and then criticises the successive development of the policy; at last, the social and political consequences of reservation are discussed. The paper analyses the introduction of the EWS quota, delves into judicial interpretation, and rebuts criticisms. Finally, it presents the importance of a holistic review of the reservation system towards a system that is effective for social justice yet not compromising merit-based opportunity.

Introduction:

Reservations in India: An Overview

The term reservation system in India has been used to describe affirmative action policies initiated to uplift the historically marginalised communities through preferential treatment concerning education, employment, and political representation. Scheduled Castes, Scheduled Tribes, Other Backward Classes, and recently, economically weaker sections form the primary beneficiaries of such policy.

This system was inspired by the deep-rooted social differences that incorporated this caste system into the lives of people who were pushed away from equal opportunities for centuries. The Indian Constitution, being deeply concerned about the formation of a society based on equality, sought reservations as a temporary measure to create a balance by levelling the playing field for the marginalised group throughout history.

Historical Background

Essentially, the roots of reservations trace their histories back to pre-independence when the British had initiated a series of steps toward better representation for the other sections of society. However, it is only at the time of the making of the Indian Constitution that the policy of reservation became an important structuring aspect of India’s social justice framework. He was the chief draughtsman of the Constitution, who was a strong advocate of the rights of SCs and STs, and hence played a key role in ensuring that the Constitution has in it special provisions for these communities.

Constitutional Framework of Reservation:

Articles Related to Reservation

The legal foundation of reservation of India is provided in many of the key articles of the Constitution:

• Article 15(4): This article provides the State with powers to make special provisions for the advancement of socially and educationally backward classes or SCs and STs, thereby giving constitutional sanctity to the affirmative action policy.
• Article 16(4): It allows the State power to reserve appointments or posts in case there is not proper representation of any backward class of citizens in public services. It has opened the way for reservations in jobs under the government.
• Article 46: The Article, falling within the domain of Directive Principles of State Policy, mandates the State to promote the educational and economic interests of SCs, STs, and other weaker sections while protecting them from social injustice and exploitation.

Role of the Constituent Assembly

The Constituent Assembly, guided by Dr. B.R. Ambedkar, provided the opportunity of some reservation to deal with historical injustices to the lower castes and to ensure participation in social, political, and economic life. The Assembly was not unaware that, without special provision, the underprivileged will not be represented satisfactorily. In this regard, it defeats the very purpose for which the Constitution was made .

Purpose and Intent

The framers of the Constitution had visualised that reservations would be a temporary necessity to attain social equality. The ultimate aim would be to level the playing field for backward classes and remove discrimination based on caste.

Still, through these years, the reservation policy has undergone transformation with new dimensions coming in to tackle changing socio-economic conditions.

Evolution of Reservation Policy:

Mandal Commission Report

Although the most significant policy changes for India’s reservation policy were in terms of introducing reservations among Other Backward Classes as recommended by the Mandal Commission, the increase in the percentage share of reservations for Scheduled Castes and Scheduled Tribes was also important. Instituted in 1979 with the mandate of detecting socially and educationally backward classes in India, the Mandal Commission finally recommended 27% reservations for OBCs in government jobs and educational institutions. These provisions were enacted in 1990, and there followed a mass agitation and a constitutional case; they fundamentally altered the reservation landscape for India.

Key Constitutional Amendments

The constitutions have been amended in order to preserve and increase reservations in the following manners:

• 77th Amendment (1995): The amendment introduced reservations in promotions by SCs and STs in government employment in 1995.
• 81st, 82nd, and 85th Amendments: These amendments allowed carry-forward of unfilled reserved vacancies and relaxation of qualifying marks for SCs and STs in promotions.

Supreme Court Judgments

One of the fundamental contributions which the Supreme Court has made in India relates to the reservation policy. The landmark judgment, which was Indra Sawhney v. Union of India (1992), permitted the upholding of 27% reservations to OBCs through the introduction of the creamy layer, meaning that any economically advanced individual in the OBC category would not be able to avail themselves of reservation benefits. The judgment also capped the total percentage of reservations at 50%, barring exceptional circumstances.

Social and Political Implications:

Social Impact

Reservations have had a significant impact on social and economic mobility of marginalised communities. It has opened doors for SCs, STs, and OBCs to education, employment, and representation in the political arena, which has helped in gradual empowerment of these segments of society.

Political Exploitation

However, the reservation policy has not been spared by the politicians either. It has been misused by the political parties for electoral gains. Caste-based politics flourished in India. Political parties depend upon the promise of extending or enhancing reservations to come to power and thus becoming a vote bank for the political parties. The matter of reservation has thus been politicised. Hardly any focus was laid on the actual socio-economic upliftment of the targeted communities.

Reservation and Caste Identity

However, the social policy of reservation was enacted with the principle of doing away with discrimination on caste. Then, it has been observed that in some cases, it even encouraged the identities of castes.

Despite the elimination of caste as a reservation factor, its practice has been portrayed to lengthen the lines of caste.

Economic Reservations and EWS Quota:

EWS Quota Introduction

In 2019, the Indian Parliament passed the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in society largely targeted at the general category. Thus breaking away from the traditional caste-based reservation, it attempted to bridge the socio-economic divide by extending the benefits to economically weaker sections of persons regardless of their caste.

Constitutional Challenges

The EWS quota has received mixed reactions from different sections of society. Proponents of this measure argue that it is a device to address the socio-economic challenges faced by economically weaker sections of society in the general category. Critics say that it violates the 50% cap set for reservations by the Supreme Court and harms the century-old principle of caste-based affirmative action. Several legal challenges to the EWS quota are pending in the courts.

Judicial Interpretation:

Key Supreme Court Judgments

Other than Indra Sawhney, there are many other judgments of the Supreme Court which have defined the reservation policy in India:

• M. Nagaraj v. Union of India (2006): In this judgment, the Court declared SCs and STs reservations in promotion ‘not violative of Article 14’ but established that, before implementing such reservations, the State would have to demonstrate backwardness, underrepresentation, and administrative capability.
• Jarnail Singh v. Lachhmi Narain Gupta (2018): This case restated the exclusion of the creamy layer among SCs and STs from reservation benefits to emphasise that reservations need to benefit only the disadvantaged class.

Creamy Layer Concept

This has been one of the strongest judicial interferences in the reservation policy-the introduction of the creamy layer concept in the Indra Sawhney case. It means that there are certain members of the OBC class who have gained a rather advanced economic position and are exempted from taking advantage of the reservation benefits. Though it is applicable now to OBCs only, there has always been a discussion on extending such a concept to SCs and STs also.

Criticism of the Reservation System:

Neglect of Meritocracy

The most prominent criticism against the reservation system is that it negates merit-based selection processes within education and employment in government sectors. Instead, proponents argue that reservations strictly should be based on economic criteria rather than caste, with the latter being just beneficial to a particular section of society.

Caste-Based Divisions

Criticism also focuses on the grounds that perpetuating caste-based reservations actually perpetuates caste divisions in society, rather than working towards the goals of a caste-free society. This politicisation of the issue has further entrenched group identities on the basis of caste.

Economic Basis for Reservations

It is a debate whether reservations should be made on an economic criterion instead of caste. In fact, the economic-based reservation activists feel that caste-based quotas have outlived their utility because socio-economic factors should now be the primary criterion for affirmative action. The EWS quota comes across as a small step in this direction. However, there has been full-spectrum support and opposition.

Need for a Comprehensive Review:

Call for Reforms

Opinion is fast falling in line to demand reforms in the existing reservation system. The current system fails miserably in targeting the most disadvantaged sections as the benefits go on to accrue mostly to the already privileged within the reserved category. There is a growing need to see a mingling of caste and economic basis for deciding reservations so that benefits actually reach the needy.

Targeting the Needy

It is the correct step if the creamy layer is excluded from OBCs. However, so much must be done that the system proves to be just. The creamy layer concept also needs to be stretched to SCs and STs also so that it can be ensured that actual disadvantages are catered through reservations and not those categories that are already at a good economic position.

Impact on Governance and Efficiency

Critics have proved that the reservation system, mainly in government jobs, has marred governance and administrative efficiency. There is a need to draw a balance between social justice and ensuring public institutions are staffed with competent individuals regardless of their caste or socio-economic background.

Conclusion:

Summary of Key Points

The politics of reservation is very contentious in India and embedded deeply in its history of casteism. Constitutional provisions for reservations have played very instrumental roles in uplifting the marginalised communities, but it is not without flaws. Flavours to the argument include the introduction of EWS quota and the Supreme Court interventions, particularly through the creamy layer concept.

Way Forward

A critical reappraisal of the reservation system is essential so that it remains relevant and productive in terms of its very basic delivery as envisioned to create social justice. Balancing social equity with merit-based opportunities through reforms is thus essential to serve the changed socio-economic India in the contemporary times. The blend of caste and economic considerations while ensuring that it provides an opportunity to the really disadvantaged would prove decisive for achieving social justice.

FAQ:

1. What is the term in India known as the reservation system? 

• • The Indian reservation system is an affirmative action that has set out to give benefits to discriminated minority groups that include SCs, STs, OBCs, and EWS in education, employment, and political representation.

2. What is the Mandal Commission, and what role did it play in shaping the reservation policy? 

• • The Mandal Commission was formed in 1979 to identify socially and educationally backward classes and to recommend a 27% reservation in government jobs and educational institutions for the OBCs.

3. What is creamy layer? 

• • The term creamy layer has been referred economically advanced persons within the OBC category, who have been exempted from availing the benefits of reservation as incorporated by the Supreme Court in the Indra Sawhney case.

4. What has been the role of the Supreme Court in shaping the policy of reservation? 

• • The judgments of the Supreme Court, particularly in the cases of Indra Sawhney, M. Nagaraj, and Jarnail Singh, have marked an arc in the politico-legal framing of the reservation system.

5. What are the social consequences of the reservation system? 

• • Reservations have allowed the underprivileged to access socio-economic mobility. However, this has also worked to cement caste identities in place. At the same time, it has opened up opportunities for political exploitation.

6. What would be the future for India’s reservation policy? 

• • The economic criteria-based reservation policy might be in vogue, with this shift taking care that the reservation system per se should benefit the really disadvantaged segments while not denying merit-based opportunities.