Reservation

Reservation

The purpose of reservation in India

• • According to the Indian Constitution, reservations serve the following two primary purposes: 
  • The advancement of economically disadvantaged groups (EWS) OR socially and educationally backward classes of citizens (OBC, for example) OR Scheduled Castes (SC) and Scheduled Tribes (ST) – Article 15 (4), Article 15 (5), and Article 15 (6),
  • Enough representation of economically disadvantaged groups (EWS) OR any other underprivileged class of citizens in state-run services. – Articles 16 (4) and 16 (6) 

The extent of Reservation in India

• • Reservation is available in India in the following areas:1. Government Educational Institutions (such as IITs, IIMs, etc.) in accordance with Article 15(4), (5), and (6)
    Jobs in the government (such as IAS, IPS, etc.) in accordance with Article 16(4) and (6)
  • Legislatures—both State and Parliament—in accordance with Article 334
    Prior to 2019, caste—a measure of social and educational backwardness—was the primary factor used to provide reservations. 
  • But now, with the 2019 103rd constitutional amendment, economic regression is also taken into account. 
  • In addition to the reservation quota, different reservation categories also have access to additional relaxations such as upper-age relaxations, additional attempts, and lower cut-off marks. 
  • No candidate other than a SC, ST, or OBC may be considered to fill a vacancy designated for one of these categories. 
  • As can be seen from the above table, in India, roughly 60% of seats are set aside for different groups such as ST, SC, OBC, and EWS in relation to government employment and higher education institutions. Moreover, 3% of seats in all categories are set aside for people with disabilities.
  • This implies that only forty percent of seats are merit-based. 
  • All candidates from the general category as well as those from the SC, ST, OBC, and EWS categories are eligible to compete for the merit seats.
    
    

SC/ST Reservation

• • It is not the sole goal of granting reservations in services to members of Scheduled Castes (SCs) and Scheduled Tribes (STs) to employ members of these communities.
  •  Its main goals are to guarantee their involvement in State decision-making and to empower them. 
  • In addition, the state is eager to abolish customs like untouchability.
  • Whereas Scheduled Tribes (ST) are granted a 7.5% quota in jobs and higher education institutions, Scheduled Castes (SC) are granted a 15% quota in both. 
  • Reservations are granted for the SC/ST category with regard to both direct recruitment and promotions (Article 16(4A)). 
  • The idea of a “creamy layer” in relation to SC/ST reservations does not exist. 
  • This implies that children of SC/ST parents will receive SC/ST Reservations regardless of their parents’ income level or government positions.

OBC Reservation

• • The Mandal Commission Report served as the basis for the introduction of the Other Backward Classes (OBC) reservation (1991). 
  • OBCs are allocated a 27% quota for positions in government and higher education. 
  • Regarding the OBC reservation, there is a notion of a “creamy layer,” nevertheless. 
  • OBC reservations would only be granted to those from the Non-Creamy Layer.
  • According to the creamy layer concept, certain privileged OBC members are excluded from the full extent of reservation based on their income and social standing. 
  • Additionally, this idea acts as a check to make sure that future generations do not reap the benefits of reservations.
    
    

EWS Reservation

• • EWS Reservation was recently introduced by the Indian Central Government. 
  • In government jobs and educational institutions, a 10% quota is allocated to candidates from the Economically Weaker Sections (EWS) among General Category candidates. 
  • This is accomplished by amending the Indian Constitution (103rd Constitution Amendment Act, 2019) to include clauses for the same.
  • History of Reservation System in India – Rectifying the Historical Injustice
  • The State has implemented reservation policy in part to make up for historical injustices committed against members of certain castes by the so-called “upper castes.
  • ” Many “lower castes” in India were prevented from advancing because of the prevalent caste system, which alienated them from society.
  •  The effects are being felt to a large degree.
    Article 334 of the original Indian Constitution stipulated that reservations would only be granted for quotas in legislatures, and for a mere ten years, until 1960. 
  • The time frame for the quota in legislatures was extended by later constitutional amendments.
    
  • Later constitutional amendments also established the provisions of reservations in educational institutions and government jobs (Article 15(4) and Article 16 (4)). 
  • Article 15(4) and Article 16(4) mention reservations, but they do not specify how long they will be valid. 
  • Only SC and ST were initially excluded from reservations [Articles 15(4) and 16(4)]. 
  • OBCs were brought within the reservation’s purview in 1991 [Article 15(5)]. 
  • 2019 saw the addition of Economically Weaker Sections [Article 15(6) and Article 16].