Author: Isha Gurung, NEF Law College
TO THE POINT
In the recent years, there has been increasing debate among students and other section of the society regarding the reservation system in the Indian education system. They have argued that reservation system should be abolished and thatall the student should complete in equal footing without any form of preferential treatment. However, before determiningwhether reservation system should be abolished or retained it is essential to understand as to why reservation system was implemented and whether the circumstance that necessitated it continue to exist.
Historically, Indian society has witness deep rooted social inequalities and discriminated based primarily on caste and social status which significantly restricted access to education and other opportunities for certain community. These historically disadvantage created structural barriers that could not be adequately address by providing formal equality to all individuals. Therefore, to address this problem the constitution of India permits the state to adopt affirmative measure for the advancement of socially and educationally disadvantage sector of the society.
The constitutional framework for such affirmative measure has been provided under Article 15(4), 15(5) and 15(6). These provisions enable the state to make special provision for the advancement of the socially and backward classes. Thus, reservation in education system should not be viewed merely as a policy of preferential treatment rather it represents a constitutional mechanism aimed at addressing historical and structural inequality and achieving substantive equality. Therefore, the contemporary debate should not be whether reservation should exist, but on how it should be implemented in a manner that could address the continued inequality while maintaining fairness and equal opportunity in access in education.
USE OF LEGAL JARGON
The constitutional framework governing reservation in education is primary rooted in the principle of equality enriched under Article 14 of the constitution. Article 14 guarantee equality before law and equal protection of law. However constitutional equality does not mean that every individual should be treated equally, the constitution of India has given the power to the state that they can apply affirmative measure to create substantive equality and provide them with meaningful access to opportunity.
Article 15(4) also enable the state to make special provision for the advancement of socially and educational backward classes of citizen and for the scheduled caste and scheduled tribe. This provision forms an important basis for reservation in the education system.
Further Article 15(5) permit the state to make special provision for the advancement of socially and educational backward classes of citizen and for the scheduled caste and scheduled tribe in relation to their admission in education institution including certain private institution.
Through the 103rd Constitutional Amendment Act, 2019 has also introduced three new article which are article 15(6), 16(6) and 15(6) which enable the state to make special provision for the advancement of Economically Weaker Section (EWS). It also permits 10% seat for EWS in addition to the existing reservation covered by Article 15(4) and Article 15(5).
THE PROOF
There have been many historical and contemporary instancesdemonstrating the persistence of caste-based discrimination and education inequality in India. One significant illustration can be drawn from the life of DR. B.R.Ambedkar. As a child belonging to Mahar community, he had face untouchability and segregation at school. He and other student from the same community were made to sit separately, and they could not access drinking water because of their caste status. His experience demonstrate that discrimination was not merely social but could directly affect a person ability to participate equally in education.
Caste-based discrimination in education institution has also continued to attract concern in contemporary India as well. There have been many reported cases where Dalit students are being abused, confined and subjected to violence in schools. There has been a tragic case in Rajasthan as well where a Dalit student died after been struck by his school principal for drinking water from the pot reserved for upper caste teacher. There has been report which shows that around 37% of individual who identify as ST member and 39% of those identify as other backward classes have received no formal education at all.
However, the recent report from All India Survey on Higher Education has shower a higher participation of historical disadvantage communities. According to the AISHE (2021-2022) report, Schedule Caste student constituted 15.3%, Schedule Tribe constitute 6.3% and Other Backward Class constitute 37.8% of the total higher-education enrolment. The report further indicates that SC enrolment has increase by 44% and ST enrolment by 65.2% between 2014-15 and 2021-22 while OBC enrolment increased by 45% during the same period. Although these figures cannot establish that reservation only caused the increased, they demonstrate a substantial expansion in the participation of these communities in higher education. Research examining the impact of reservation has further found that reserved seatshave enable many SC and ST student to access higher education that they might otherwise have been unable to access.
ABSTRACT
Reservation in the education system is an important instrument of affirmative action aimed at addressing historical and cultural inequality and access to education. The constitution framework under Article 14, 15(4), 15(5) and 15(6) enable that state to adopt special measure for disadvantaged section which include Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Economically Weaker Sections (EWS). The objective of reservation is not merely to provide preferential treatment but to promote substantive equality to bring forward those community who had faced caste-based discrimination and exclusion.
CASE LAW
INDRA SAWHNEY VS UNION OF INDIA 1992
This case is significant as the supreme court has recognised the constitutional significance of affirmative action while emphasising that reservation must operate within the broader framework of equality. The judgement also introduced the principle of excluding the creamy layer from OBC reservation and generally recognised a 50% ceiling on reservation, subject to exceptional circumstances.
ASHOKA KUMAR THAKUR VS UNION OF INDIA 2008
The supreme court examined the constitutional validity of Article 15(5) and the reservation of seat for other backward classes in educational institutions. The court upheld the constitutional validity of Article 15(5) in relation to state maintained and aided educational institution. This judgement emphasised that reservation may serve as an instrument for promoting equality by enabling disadvantaged section to gain meaningful access to higher education
CONCLUSION
Reservation in Indian education is an important instrument for addressing historical and social inequality and promoting sustainable equality. While concerns regarding merits, implementation and fair distribution of benefit remain, reservation continues to provide opportunity to historically disadvantage community. Therefore, rather than viewing reservation as a permanent solution or abolishing it entirely, its implementation should be periodically reviewed and strengthened to ensure that its benefits reach those who genuinely need them. Ultimately, reservation should be served the constitutional goals of equality, social justice and equal opportunity.
FAQ
1. Why was reservation introduced in India?
Reservation was introduced in India to address historical social and education disadvantage and to promote substantive equality and social justice
2. What is the constitutional basis of reservation in education?
Reservation in education is primarily supported by Article 15(4), 15(5) and 15(6) of the constitution, along with the broader principle of equality under Article 14.
