Reservation and constitutional provisions

 Reservation and constitutional provisions 

Introduction 

In India the age-old caste system, religious nature, gender inequalities, etc., is responsible for the development of reservation. On the basis of a 2011 census report showing that scheduled tribes account for 104 million representing 8.6% of the country’s population. The constitution of India has defined safeguards for the scheduled caste, scheduled tribes and other weaker sections. The state has the authority to develop statutes for the empowerment of the weaker section. This article discusses the weaker section and constitutional provisions related to upliftment of the weaker section.

People who comes under  reservation 

In India,  reservation policies aim to benefit scheduled castes, scheduled tribes and other backward classes. It also considers the economic weaker section of the general category. It helps to eradicate social inequality and unfair treatment.

• It provides social justice and rectifies historical injustice. 

• It promotes employment opportunities 

• It provides equal representation from all castes in the same platform.

Constitutional provisions for the protection weaker section

The Constitution provides opportunities for the safeguards fundamental right of every individual. It helps to uplift and protect the weaker section.

• Article 14 of the constitution provides for the equal protection of law and equality before the law. So every class people were treated equally under the law

• Article 15 prohibits the discrimination based on religion, caste, sex, place of birth,  or any other term.

• Article 16 provides equal opportunities to all citizens in matters of employment or appointment of any officer under state.  The state can make special provisions related to the reservation, appointment for the backward classes, and the state has the authority to decide who to be considered in the definition of backward classes. It helps to strengthen weaker sections. 

• Article 29 provides Provision for protecting the interest of minorities. Any Citizens residing in the territory of India or any part of the country having distinct language, script, or culture of its shall have the right to conserve. The minority institutions have the right to give admission for the students from their own community.

• Article 30 provides the right of minorities to establish and manage educational institutions. Minority institutions have their own right to administer their affairs.  

• Article 39A defines that the state has the authority to give free Legal aid to the person who can't afford it.

• Article 46 provides promotion of educational and economic interests of scheduled caste, scheduled tribes and other weaker sections. State protects SC,ST & weaker sections from exploitation of human beings .

• Part XVI of the constitution provides special provisions relating to certain classes. It provides political empowerment to the scheduled castes, scheduled tribes, and other classes. 

• Article 330 of the constitution provides for the reservation of seats of scheduled Castes and the scheduled tribes in the Lok Sabha.

• Article 334 shows that reservation of seats and special representation cease after a certain period.  

Observation on Mandal commission 

After independence the main objective was to eradicate the socio-economic disparities from British rule. The reservation provides a logical solution for the opportunity of weaker sections. The first backward class commission , also known as the kaka kalelkar commission. Its objectives are reservation for OBCs in the government jobs and educational institutions, Scholarships, special coaching centres and affirmative actions  for OBCs needed to promote themselves. The Mandal commission was established against the background of the statistical report of socially and educationally backward classes facing.

The second backward classes commission was established under Article 340 of the Constitution . It point outs:

• The report identified the population of backward classes. The observation based on the 1971 census 

• Other backward classes considered eleven criteria across social, economic and education.

• They observed the reasons behind the OBCs socially and economically backward- caste based discrimination, Limited access to education, employment opportunities, etc.

• The commission recommended 27% reservation in government jobs for OBCs. 

Case Analysis of State of Punjab v.Davinder Singh:

To abolish the inequality in marginalized communities, different types of laws developed at the central and State level. In 1975 the Punjab government issued its notification dividing  25% scheduled caste reservation into two categories. 

In the case of E.V.Chinnaiah v.State of Andhra Pradesh decision supreme court declared the Andhra Pradesh scheduled caste (Rationalization of Reservation) Act, 2000 unconstitutional in 2004. The court stressed on SC list should be considered as a single, homogeneous group.

In that period,  Dr. Kishan Pal v. State of Punjab case in Punjab and Haryana High Court decided to invalidate the 1975 notification. In 2006 Punjab government reintroduced sub categorization in Scheduled caste and Backward classes reservation  

The case developed on the basis of the Punjab reintroduced the statute related to the Punjab scheduled castes and backward classes (Reservation in Services) Act, 2006. It provides reservation in service for the members of the Scheduled caste and Backward classes. In the statute section 2(f) defines scheduled castes that are notified by the President under Article 341 of the Constitution of India.

Section 4(2)of the statute provides 25% reservation for the scheduled caste for the legislative members and section 4(5) of this act 12% reservation for the backward class members in legislative members. The provision was challenged by the Punjab and Haryana high court based on the precedent decision in E. V. Chinnaiah v. State of Andhra Pradesh. 

The proceedings were instituted under article 226 of the Indian Constitution for challenging the validity of the section 4(5) of the Punjab scheduled caste and Backward Classes (Reservation in Services) Act,2006. State appeal against the high court decision on the order. 

Constitutional provisions in the case

• Equality before the law: In Article 14 states that every individual is treated equally before law. The sub groups doesn't against Article 14

• Protection from discrimination: Article 15 and 16 make special powers to state for equal opportunities and  against discrimination any base. 

• Article 341 states that the president decides which types of castes include scheduled castes in India.  

Analysis of the judgement 

The case judgement by 7 bench decision and it was led by Justice D.Y. Chandrachud. The validity of sub classification within scheduled caste categories in a 6:1 Majority. The court laid down criteria for the sub classification. 

It substantially overruled the five judge bench decision in E.V.Chinnaiah v. State of Andhra Pradesh (2004). Chief Justice of India D Y Chandrachud held that the State can use different methods to abolish inequality in the society.  The state should  analyse the various factors. 

Supreme court decisions in E.V. Chinnaiah are mainly focused on state making statutes for reservation for sub groups in scheduled castes is against the equal treatment of law. In Indra Sawney v. Union of India The court considered some classes in OBC may be more or less backward than others. On the basis of the observation state has the authority to make sub-classifications. In the case E.V. Chinnaiah v. state of Andhra Pradesh wrongly understood that decision of Indra sawney case that decision on sub categories of OBC cannot be applicable for scheduled castes. 

 

Conclusion 

It's not easy to identify social backwardness and upliftment of the people. But in India we need to take action to change the life of individuals who are facing lack of opportunities, identity, etc. It helps to secure a healthy life. It enables fair  competition. Reservations make changes because the living standard of SC,ST And OBCs are worse compared to others.

Closing Credit 

Author - Malavika Zachariah

Affiliation - V R Krishnan Ezhuthachan Law college, Nenmara 

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"