RESERVATION SYSTEM- A BLESSING OR A CURSE
“Affirmative action is not about giving someone an unfair advantage. It is about leveling the playing field that has been historically tilted.”
This has been rightly quoted by Barack Obama which explains the basic concept of need for reservation in our society.
The reservation system in India is an affirmative action to uplift marginalized communities from time immemorial primarily including schedule castes (SC) schedule tribes (ST) and other backward classes (OBC). This policy came into effect through the provisions of Indian constitution which establishes equality of opportunity and prohibits discrimination based on religion, race, caste, sex, or place of birth. This is done so because the so-called lower castes have suffered from discrimination by the society and to bring them at an equal level with other members of society along with giving them a sense of inclusion instead of exclusion positive discrimination is essential. There have been numerous amendments in the reservation policy for India due to its sensitive and controversial nature. This proves right as critics have argued that this policy is not relevant at present times as the disadvantaged groups have already been given representation and now, they are at par with other individuals. They also criticize that reservation policy violates the principle of meritocracy i.e. selection of people in various academic /social/employment opportunities based on their skill and qualifications. With the advancement of this policy the deserving candidates lose their opportunities and hence the administration must compromise with the quality of work provided by the individuals shortlisted based on their reserved seats.
Despite
all the criticisms this policy has addressed the issue of discrimination in
India and has helped various marginalized groups to have access to education
and employment opportunities necessary for sustenance of their life.
Reservation
policy gives access to educational institutions, government jobs, political
representation for socially, economically backward communities in order to address injustice and discrimination. The reservation quotas are generally
provided for students, individuals in government jobs and for representation in
Lok Sabha, State Assemblies, and Panchayats. Despite all the debates regarding
reservation policy, it continues to be a vital tool for safeguarding equality
and justice in our society.
HISTORICAL
BACKGROUND
The
reservation policy can be traced back to the colonial era where colonial rulers
brought concept of affirmative action commonly known as reservation for
improving situation of backwardness of certain castes or tribes. But this
policy got rationally institutionalized with the adoption of constitution in
1950. It included reservation in education and employment for schedule castes
and schedule tribes.
With the
passage of time the Mandal commission was set up for the upliftment of backward
communities, it provided 27% reservation for other backward classes (OBCs).
In the
landmark judgement of the Indra Sawhney case, it was decided that the
reservation should not exceed 50% and the creamy layer of people falling in
reserved category will be excluded from reserved seats.
In the
light of recent events, there have been many debates and criticisms regarding
providing reservation to the economically weaker section of the society
commonly known as EWS as it is believed that giving reservation to this section
is of more importance to uplift these people and give them opportunity to
sustain their lives. Hence the 10% quota bill was passed in 2019 to give 10%
reservation to the EWS in jobs and education.
The
reservation now has also extended to other groups with disadvantage like women,
persons with disabilities (PWD), etc.
LEGAL
FRAMEWORK
Due to the
controversial and sensitive nature of the reservation policy, there have been
many landmark judgements for rational and socially acceptable interpretation of
reservation policy.
- M.R. Balaji v. State of Mysore (1963): In this case it was decided that caste is not the only criterion
to determine backwardness of people.
- Indra Sawhney v. Union of India (1992): This is the landmark case of reservation policy where it was
held that reservation can be only for 50% and 27% reservation will be
given to other backward classes (OBC) excluding the creamy layer.
- M. Nagaraj v. Union of India
(2006)
- Janhit Abhiyan v. Union of India (2022): In this case the court upheld the 103rd amendment
regarding 10% reservation for economically weaker section (EWS) and hence
this breached the 50% reservation cap.
- State of Punjab & Ors. v.
Davinder Singh & Ors.: this case redefines reservation system for
bringing equality, it talks about sub-classification among SC and ST for
better representation and upliftment of most backward groups in particular
class by giving them preferential representation.
RECOMMENDATIONS
AND SUGGESTIONS
To make
the reservation system socially acceptable, equitable and non-biased, following
improvements should be made with regular reviews and revisions. From time
immemorial the reservation has been based on caste criterion; it should be
gradually changed to the criterion of economic condition. It is so because
people below the poverty line cannot sustain their lives with ease and they are
the ones who are in urgent need of jobs, education, and other reservation
benefits. Next up, there should be reevaluation of the creamy layer i.e. the
advantageous people out of the disadvantaged groups. These people are well to
do and do not require any reservation for employment or education hence they
should be excluded from reservation benefits. Furthermore, there should be
skill development programs focusing on academics and soft skills regardless of
the caste or class. Another important thing to consider is that the reservation
policy should not be static and permanent rather it should be dynamic which
means that it changes and modifies from time to time to meet changing needs of
the society along with provision of equity and justice.
CONCLUSION
To put it
briefly, the reservation policy has proved to be successful in promoting social
justice and inclusivity however its implementation has been a topic of debates
and controversies as critics argue that reservation policy is contentious issue
as it violates meritocracy and increases culture of entitlement. Despite all
the criticisms, this policy remains of vital importance to bring justice and
equality and it ameliorates the condition of the marginalized sections in
India. Hence this quote by Benjamin Franklin holds true for reservation policy
that “Justice will not be served until those who are unaffected are as outraged
as those who are.”
Closing
Credits
Author: Navya Verma
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