RESERVATION IN INDIA: HISTORY AND CONSTITUTIONAL PROVISIONS

In India, the concept of reservation is a practice of reserving certain seats for upliftment of  marginalised and underprivileged groups. This is to ensure social equality and fair  representation. It is a tool for compensation to them who suffered historical injustice due to  rigid caste system. Article 15, 16, 17, and 46 of Constitution of India provides this reservation  without violating principles of natural justice. This allows marginalised communities that  includes Schedule Caste (SC), Schedule Tribes (ST), and Other Backward Classes (OBC) to hold a secure place in legislation, education system and in government jobs. 

Historical Background 

The history of reservation can be traced back to 1882, Jyotirao Phule and William Hunter laid  the foundation of caste-based reservation for addressing social inequality. In 1902, Shahu  Maharaj the ruler of princely state of Kolhapur introduced reservation for non- Brahmin for  education. In 1993, British Prime Minister Ramsay Macdonald introduced the Communal  Award also known as McDonald Award that provided separate electorates for communities that  includes, Sikhs, Muslims, Europeans, Dalits, Christians and Anglo- Indians. This was not  supported by many Indians including Mahatma Gandhi because they thought that this was the  strategy of the British to divide Indians. On the other hand, it was strongly supported by the  minority leaders like Dr. B.R. Ambedkar. Later, Gandhi and Ambedkar mutually agreed and  sign Poona Pact where they agreed to have depressed- class candidate elected by a joint  electorate. When Constitution of India was being drafted by the Constituent Assembly, it faced  a significant issue of discrimination based on caste system. This acted as a barrier to achieve  the goal of equality. As a result, reservation for the socially backward class was introduced.  But later it was observed that even with reservation the marginalised communities were still  backward in field of education, economic development and employment. To find a solution to  this problem the First Backward Classes Commission was established, known as “Kalelkar  Commission”. It was set up in 1953 and headed by Kaka Kalelkar. The Commission submitted  its report but its recommendation was rejected by the Union of India on pretext of casteless  society. Later, Mandal Commission was established in 1979 also known as Second Backward  Classes Commission. Its chairman was B.P Mandal and its work was to recognize the socially  and backward classes and suggest reservation policy. The Commission report states that 52% of the population belongs to OBC’s and thus this 52% must be reserved for them. But this  recommendation could not be followed as it would have gone against the ruling of Supreme  Court. In M.R. Balaji v. State of Mysore AIR 1963 SC 649, it was held that reservation cannot  exceed 50% in educational institutions. The Commission’s recommendation was implemented  in 1990s in government jobs. Later, this reservation was challenged in Indira Sawhney v. Union  of India, the court held that reservation in any public institution should not exceed 50%. 

Constitutional Provisions 

The reason behind ‘reservation’is to build a country where all people have equal opportunities that help every citizen for its growth and development. Its aims to achieve social justice for those who have suffered injustice in the past and to achieve this aim several provisions are  present in the Constitution of India. These provisions empower the State and the Central to  make provisions which will help for the upliftment of socially and economically backward  classes.  

Article 15 of Constitution of India states, “No discrimination on grounds of religion, race,  caste, etc”. From this we can understand that reservation is not on caste or religion bases but  on social, education and economic capacity. Further, are clauses under Article 15 which are  few provisions for the marginalised communities without discriminating. 

Article 15(4)- Special Provisions for advancement of Backward Classes 

This is an exceptional clause that was inserted by the Constitutional Amendment (1st Amendment) Act, 1951. This was due to the decision in State of Madras v. Champakam  Dorairajan AIR 1951 SC 226, wherein it was held that reservation should not be done caste based irrespective of merit. It further states that a writ cannot be issued against the State for  making reservation. The reservation made must follow the principle of reasonable  classification and it must be socially and educationally backward. 

Under clause (4) of Article 15, two things are to be determined 

1. Socially and educationally backward classes 
2. The limit of reservation 

Article 15(5)– This enables the State to make provisions for reservation for the above categories  of classes in admission to private educational institutions. This Amendment, however keeps the minority institutions out of its purview. This clause was inserted through Constitution (93rd Amendment) Act,2005. 

In Pramati Educational and Cultural Trust v Union of India AIR 2014 SC 2114, the  Supreme Court held, clause (5) is neither an exception nor a provision but an enabling provision  to make equality of opportunity promised in the Preamble in the Constitution a reality.  

Article 15(6)– Nothing in this article or sub- clause (g) of clause (1) of Article 19 or clause (2)  of Article 29 shall prevent the State from making- any special provisions for the advancement  of any economically weaker sections of citizens other than the classes mentioned in clause (4)  and (5) 

Article 16 of Constitution of India states, “Equality of Opportunity in Public Employment.” Further, are the clauses regarding employment opportunities to marginalised communities. 

Article 16(4)- enables the State to make provision for the reservation of posts in government  jobs in favour of any backward class of citizens which, in the opinion of State, is not adequately  represented in the services of the State. 

Article 16(4-A)- empowers the State to make any provision for reservation in matters of  promotion for SCs and STs which, in the opinion of State, are not adequately represented in  the services under the State. This clause was added through the Constitution (77th Amendment)  Act, 1995. 

Article 16 (4-b)- “Nothing in this Article shall prevent the State from considering any unfilled  vacancies of a year which are reserved for being filled up in that year in accordance with any  provision for reservation made under clause(4) or clause (4A) as a separate class of vacancies  to be filled up in any succeeding year or years and such class of vacancies should not be  considered together with the vacancies of the year in which they are being filled up for  determining the ceiling of 50% reservation on total number of vacancies of that year.” This  clause was added through the Constitution (81st Amendment) Act, 2000. 

Article 16(6)- it provides 10%, reservation of posts for economically weaker sections if  citizens in addition to the existing reservation in each category. This was inserted by the  Constitution (One Hundred and Third Amendment) Act, 2019. 

Article 17- Abolishes Untouchability.

Article 46 of Directive Principles of State Policy (DPSP)- Promotion of educational and  economic interest of weaker section. This enjoins the State to promote with special care the  education and economic interest of the weaker sections of the people, and in particular of the  Schedule Caste and Schedule Tribes, and to protect them from social injustice and of all form  of exploitation. 

Article 275- provides for grants-in-aid to the States for promoting the welfare of Schedule  tribes.  

Article 330- It provides reservation of seats in the House of People for Schedule Caste and  Schedule Tribes.  

Article 332- provides for the reservation of seats for Schedule Caste and Schedule Tribes in  the Legislative Assembly of every State. 

Article 330-342-A- makes special provisions for safeguarding the interests of Schedule Caste,  Schedule Tribes, Anglo- Indians and Backward Classes. 

Conclusion 

Reservation is not based on caste or religion, but based on economic and social backwardness.  It is for their representation who are under- represented. After Independence there were many  groups like Schedule Caste, Schedule Tribes, and Backward Classes, it was believed that they  were oppressed and denied equal opportunity and respect. This made them under- represented  in nations development. The reservation was brought for recognizing the marginalised group so they can also rise in society and have a good standard of living. But in recent time it can be  observed that reservation is used a tool by politicians as their vote banks. In the process of their  upliftment and protecting their rights the general class should not be suffered. Many times, the deserving person does not get opportunity because he does not have any reservation which  many times lead to dislike the reservation population. This shows that people are taking wrong  advantages of reservation. Reservation is for the upliftment of any backward class in the society  and not a ladder for people to climb who does not deserve it.

Bibliography 

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