Introduction

The spirit of equality pervades the provisions of the Constitution of India, as the main aim of the founders of the Constitution was to create an egalitarian society wherein social, economic and political justice prevailed and equality of status and opportunity are made available to all. However, owing to historical and traditional reasons, certain classes of Indian citizens are under severe social and economic disabilities [so] that they cannot effectively enjoy either equality of status or of opportunity. Therefore the Constitution accords to these weaker sections of society protective discrimination in various articles, including Article 15(4). This clause empowers the state, notwithstanding anything to the contrary in Articles 15(1) and 29(2), to make special reservation for the advancement of any socially and educationally backward classes of citizens or for scheduled castes and scheduled tribes. 1.2. Reservation is an affirmative action taken by the state to remove the persistent or present and continuing effects of past discrimination on particular segments of the society to: (i) lift the ‘limitation on access to equal opportunities’; (ii) grant opportunity for full participation in the governance of the society; (iii) overcome substantial chronic under representation of a social group; and (iv) serve/achieve the important constitutional/governmental objectives.

Historical background of reservation

Reservation during pre-independence period

Policies involving reservation of seats for the marginalised section of the population have been in existence in the country for a long period of time. In the late 19th century, after the “first war of independence”, the British began to view the Indian population as a heterogeneous group. They initiated a range of policies for specific categories of the subject population – religious minorities as well as those belonging to lower castes. By the late 19th century the British had started preparing a list of “depressed classes” and they set up scholarships, special schools and other programmes for their betterment. Also, with a view to assuaging the sentiments of the growing movements against the Brahmin domination in the government and administration, the British introduced some form of reservations. In Bombay, seats were reserved for all except Brahmins, Marwaris, Banias, Parsis and Christians. In 1927 in Madras presidency, government reserved five of every 12 jobs for non-Brahmin Hindus, two each for Brahmins, Christians and Muslims and one for others. A few princely states like Baroda, Travancore and Kolhapur also introduced similar provisions. In Kolhapur (Maharashtra), Sahuji Maharaj reserved 50 per cent of the vacant seats in his administration for non-Brahmins. Subsequently, the efforts of Dr BR Ambedkar in particular and the all-India depressed classes in general eventually helped to expand the net of reservations. While the British had earlier reserved seats only in legislative bodies, in 1943, reservations in services came into effect. Accordingly, 8.33 per cent posts against direct recruitment made through open competition were reserved for scheduled castes. These instructions issued in 1943 can be called as origin of reservation in government services.

Reservations during post-independence period

Reservation in services in favour of SCs and STs At the time of independence, instructions were issued on September 21, 1947 to provide reservations of 12.5 per cent for scheduled castes in respect of vacancies arising in recruitment made through open competition. However, for recruitments made otherwise than open competition, reservation of 16.66 per cent was fixed. After the Constitution was promulgated, the then ministry of home affairs in its resolution of September 13, 1950 provided five per cent reservation for scheduled tribes apart from the reservation that was already in effect for the scheduled castes. According to the population ratio of these communities, based on the 1961 Census, government on March 25, 1970 increased the seats reserved for SCs and STs from 12.5 per cent and five per cent to 15 per cent and 7.5 per cent respectively. SC reservation is also available to Sikhs and Buddhists and ST to all minorities, as ST identity is caste/religion-neutral. In 1974, reservations in promotion by selection from Group C to Group B, within Group B and from Group B to the lowest rung of Group A was introduced provided that the element of direct recruitment did not exceed 50 per

cent. This limitation of direct recruitment not exceeding 50 per cent was raised to 66.66 per cent in 1976 and to 75 per cent in 1989. At this stage, the Supreme Court intervened and ruled against reservations in promotions. However, the government amended the Constitution to incorporate Article 16(4A) and following this amendment, government is sued instructions on August 13, 1997 to continue the reservations in promotion for the SCs and STs till such time as the representation of each of these categories in each cadre reaches the prescribed percentages. To facilitate the fulfilment of the reservation quota, certain concessions are also given to SC and ST candidates in the form of relaxation of the maximum age limit prescribed for direct recruitment, exemption from payment of fees prescribed for recruitment/selection, relaxation of standards, including relaxation of experience, etc.

Reservations in services in favour of other backward classes (OBCs)

The princely state of Mysore instituted a system in which all communities other than Brahmins were denominated “backward classes” from 1918 and places were reserved for them in colleges and state services. In independent India, several states implemented the reservation in services and admissions in educational institutions in favour of backward classes much earlier than the Government of India. The Government of India took initiatives for providing reservation to the backward classes immediately after the commencement of the Constitution and the first Backward Classes Commission, also known as Kaka Kalelkar Commission, was constituted in 1953. The commission submitted its report in 1955. Though the commission recognised a number of causes for social and educational backwardness, yet it eventually used the criterion of caste to identify socially and educationally backward classes. The commission listed 2,399 castes as socially and educationally backward and recommended various welfare measures for OBCs, including reservation in government services and educational institutions. The central government did not accept its recommendations because the caste based reservations were considered a retrograde step. In 1979 the second Backward Classes Commission, popularly known as Mandal Commission, was constituted under Article 340 of the Constitution to investigate the conditions of socially and educationally backward classes and to determine the criteria for defining the socially and educationally backward classes and to examine the desirability or otherwise of making provision for the reservation in favour of such backward classes. The commission submitted its report to the government on December 31, 1980. The commission used 1931 Census data and 11 indicators, grouped under social, educational and economic criteria, for identifying backward classes. This commission estimated the population of other backward classes (OBCs) at 52 per cent of the total population. Recommendations of the second Backward Classes Commission (Mandal report) were implemented by the Government of India on August 13, 1990, providing inter alia reservation of 27 per cent of the vacancies in civil posts and services under the central government filled through direct recruitment for socially and educationally backward classes with effect from August 7, 1990. However, reservation for OBCs in promotion has not been provided. The reservation rule also applies to public sector undertakings, financial institutions, including banks, autonomous

bodies, statutory and semi-government bodies and voluntary agencies receiving grants from the government. Pursuant to the Supreme Court judgement in Indira Sawhney & Ors vs Union of India on November 16, 1992, the central government constituted a committee under Justice RP Prasad to determine the criteria for identification of the socially advanced persons/sections for exclusion of the ‘creamy layer’ from OBCs and the criteria suggested by the committee was accepted by the Government of India. The provisions for reservation in services in favour of SCs/STs and OBCs also include minorities although in the absence of data it is not possible to assess the impact of such a reservation on religious minorities.

Reservation in admissions in educational institutions

Education was the first and foremost commandment of Dr BR Ambedkar and he called it the “milk of the lioness”. Education is also one of the most important criteria to measure the forwardness or backwardness of any group of persons. Many social reformers and princely states of Kolhapur, Baroda and Mysore realised the need for education and they rendered their contribution in providing educational facilities to the untouchables and other backward classes. Mahatma Jyoti Rao Phule was the first person in India who started a school for the untouchables in Pune in 1848. Sahuji Maharaj Bhonsle encouraged the non-brahmanical classes in every possible way. He provided free education with lodging, boarding and scholarship to the students belonging to these communities. At the official level, the step was taken by the Madras government by framing the Grant-in-Aid Code in 1885 so as to regulate financial aid to the educational institutions providing special facilities to the students of depressed classes. Under British India, the provision for extension of education to the “depressed classes” was made much later. In 1944 the then ministry of education prepared a scheme of post-matric scholarship for the students belonging to scheduled castes and it was extended to the scheduled tribes in 1948. Though after independence, specific guidelines to the states to take special care of the educational and economic conditions of the weaker sections, particularly those belonging to the scheduled castes and scheduled tribes, were given under Article 46, yet there was no provision to provide reservation in admissions in educational institutions under the Constitution in the beginning. The government of Madras made rules for reserving seats for the scheduled castes, scheduled tribes and other backward classes. However, the validity of the said rule was challenged in State of Madras vs Smt Champakam Dorairajan (AIR 1951 SC525; 1951 SCR 525) and the Supreme Court declared such rule as unconstitutional. To overcome the situation arisen after the court judgement, the Constitution (1st Amendment) Act 1951 was passed by inserting clause (4) in Article 15. It empowered the state to make special provision for the advancement of socially and educationally backward classes, scheduled castes and scheduled tribes. The then ministry of education, now ministry of human resource development, for the first time in 1954 wrote to the state governments suggesting that 20 per cent seats should be reserved for scheduled castes and scheduled tribes in admissions in educational institutions with a provision of five per cent relaxation in minimum qualifying marks wherever required. Subsequently, this was modified in April 1964 by bifurcating the existing percentage as 15 per cent for scheduled castes and five per cent for scheduled tribes with interchangeable provision in the event of non-fulfilment of seats according to

quota. Similar action was taken by the ministry of health and family welfare in respect of reservation of seats in the universities having medical education facilities and medical and dental colleges for admission to all postgraduate courses. University Grants Commission, which was constituted in 1956, made provision towards reservation in admission in the undergraduate and postgraduate levels in favour of scheduled castes and scheduled tribes with due relaxation and concession. The percentage of reservation was revised in 1982 as 15 per cent for scheduled castes and 7.5 per cent for scheduled tribes. Presently, reservations are available to scheduled castes and scheduled tribes in admissions to the various undergraduate and postgraduate general, technical, medical and other professional courses in the universities and colleges. In addition to the reservation facility in admissions, provisions have also been made for freeship, scholarship, coaching and hostel facilities with a view to strengthening the educational base of scheduled castes and scheduled tribes.

Constitutional provisions and reservation policy

The Constitution adopted a two-fold strategy for ensuring equality for the “depressed classes”. On one hand it provided equality before the law, ensuring that everyone, irrespective of their caste, will receive equal protection of the law and be treated alike; on the other hand it empowered the state to make special provisions to promote the educational and economic interest of the SCs, STs, OBCs and minorities to provide legal and other safeguards against discrimination in multiple spheres. The different provisions relating to reservations enshrined in the Constitution are as under:

(I) Article 14 – Right to equality: requires “the state not to deny any person equality before the law or the equal protection of the laws within the territory of India”. Thus Article 14 uses the following two expressions:

(i) Equality before law, and (ii) Equal protection of laws. The objective of these expressions is to establish

‘equality of status’ as mentioned in the preamble to the Constitution. This right to equality provides access to public resources, such as drinking water, well, roads, etc. Thus theConstitution gave the right to equality and made it a central component of the fundamental rights.

(II) Article 15 – Prohibition against discrimination: prohibits discrimination on the ground of religion, race, caste, sex or place of birth. Article 15 was amended by the Constitution (1st Amendment) Act 1951 and a new clause, (4), was inserted under Article 15 to undo the effect of the Supreme Court decision in State of Madras vs Smt Champakam Dorairajan, according to which reservation of seats for different communities on the basis of caste and religion was held invalid. Article 15(4) empowers the state to make any special provision for the advancement of any socially and educationally backward class of citizen or the scheduled castes and scheduled tribes.

(III) Article 16 – Equality of opportunity in public employment: stipulates the rule of equality of opportunities in matters of public employment. According to clauses (1), (2) and (3) of Article 16, no discrimination shall be made only on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them in respect of any employment or appointment under the state. However, the principle of equality permitted a few exceptions. Among other things, it allowed under Article 16(4) reservation of seats for backward classes of citizens. It states: “Nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which, in the opinion of the state, is not adequately represented in the services under the state.” Article 16(4) was an enabling provision. It was included as an exception to the general principle of equality of opportunity (Article 16). It did not mandate but certainly permitted the state to reserve seats for backward classes of citizens in public service. Thus Article 16(4) spoke of backward classes, not castes, and did not spell out just who constituted these backward classes. Subsequently, Articles 16(4A) and 16(4B) were also inserted by making amendments in the Constitution [through the] 81st Amendment Act in 2000 and 85th Amendment Act in 2001 respectively. These clauses were inserted with a view to overcoming the decision of the hon’ble Supreme Court of India in Indira Sawhney vs Union of India. While Article 16(4A) empowers the state to make provision for reservation in matters of promotion under the state in favour of SCs and STs which, in the opinion of the state, are not adequately represented in the services under the state, Article 16(4B) empowers the state to make provision to fill up the unfilled reserved vacancies which were determined in accordance with clauses (4) or (4A) of Article 16 by launching a special drive.

Extent to which posts can be reserved for scheduled castes and scheduled tribes/backward classes The Constitution does not lay down any limit or specific percentage for reservation in favour of scheduled castes, scheduled tribes and backward classes. Successive decisions of the Supreme Court beginning with Balaji vs State of Mysore (1963) have fixed a general ceiling of 50 per cent for all reservations taken together. Judicial pronouncements on this question have a chequered history. In Balaji vs State of Mysore, the Constitution bench of the Supreme Court had rejected the argument that in the absence of a limitation contained in clause (4) of Article 15 no limit could be prescribed by the court on the extent of reservation and held: “…If a provision which is in the nature of an exception completely excludes the rest of the society, that clearly is outside the scope of Article 15(4). It would be extremely unrealistic to assume that in enacting Article 15(4) the Parliament intended to provide that where the advancement of the backward classes or scheduled castes or tribes was concerned, the fundamental rights of the citizens constituting the rest of the society were to be absolutely ignored… Speaking generally and in a broad way, a special provision should be less than 50 per cent; how much less than 50 per cent would depend on the relevant prevailing circumstances in each case.” In Devadasan vs Union of India (1985), the aforesaid rule of 50 per cent was applied to a case arising under Article 16(4) and on that basis the carry-forward rule (resulting in reservation in excess of 50 per cent vacancies in any recruitment year) was struck down. Earlier, in State of Kerala vs NM Thomas (1976), the correctness of this principle was seriously questioned. Fazal Ali, J observed: “…Clause (4) of Article 16 does not fix any limit on the power of the government to make

reservation. Since clause (4) is a part of Article 16 of the Constitution, it is manifest that the state cannot be allowed to indulge in excessive reservation so as to defeat the policy contained in Article 16(1). As to what would be a suitable reservation within permissible limits will depend on the facts and circumstances of each case and no hard and fast rule can be laid down nor can this matter be reduced to a mathematical formula so as to be adhered to in all cases. Decided cases of this court have no doubt laid down that the percentage of reservation should not exceed 50 per cent. As I read the authorities, this is however a rule of caution and does not exhaust all categories… The dominant object of this provision is to take steps to make inadequate representation adequate.”

(IV) Articles 29 and 30 – Minorities interests and educational institutions: These two articles protect the cultural and educational rights of minorities (based on religion and language) which are summarised below:

(i) Minorities have rights to conserve their distinct language, script or culture; (ii) They have the right to establish and administer educational institutions;(iii) The state has to take certain precautions in case of compulsory acquisition of

property of such minority educational institutions;(iv) The state shall not discriminate such educational institutions while granting

aid; and(v) Article 29(2) imposes restriction on all educational institutions maintained by

the state or receiving aid out of state funds so as not to deny admission to any citizen on the ground only of religion, race, caste, language or any of them. Here the underlying objective is to equip each member of the weaker sections with the ability to compete with other citizens with dignity on a level playing field.

(vi) Article 46 – Promotion of educational and economic interests of SCs, STs and other weaker sections: Being the most important article under Part IV of the Constitution (Directive Principles of State Policy), it stipulates that “the state shall promote with special care the educational and economic interests of weaker sections of the people and in particular of scheduled castes and scheduled tribes and shall protect them from social injustice and all forms of exploitation.” The phrase “weaker sections of the society” has not been defined under the Constitution. Hon’ble Supreme Court, in the case of Shantistar Builders vs Narayan Khimalal Totame, directed the central government to lay down appropriate guidelines regarding the expression “weaker sections of the society”. Further, hon’ble Supreme Court, in the Indira Sawhney case, differentiated the phrase “backward class of citizens” mentioned under Article 16(4) from “weaker sections of the people” of Article 46. According to the apex court, the expression “weaker sections of the people” is wider than the expression “backward class of citizens” or SEBCs or SCs or STs. It connotes all sections of the society who are rendered weak due to various causes, including poverty and natural and physical handicaps.

(iii) Article 335 – Claims of scheduled castes and scheduled tribes to services and posts and maintenance of efficiency of administration: While Article 16(4) enables the state to make provision for reservations in favour of SCs, STs and

OBCs, Article 335 imposes responsibility on the state to ensure the maintenance of efficiency of administration. Accordingly, a proviso to Article 335 has been inserted by the Constitution (82nd Amendment Act) 2000 so as to overcome the crisis arising after the Supreme Court decision in S. Vinod Kumar vs Union of India. It empowers the state to make any provision in favour of SCs and STs for the relaxation of marks or lowering of standards for reservation in promotions.

Concepts of SC, ST and OBC

SC: The term ‘scheduled caste’ was coined by the Simon Commission in

1927. During the colonial period, the SCs were addressed by various terms.

Ambedkar termed them as depressed class – referred to those classes or

categories of person who were poor and exploited, and socially and ritually

degraded, whereas Gandhiji called them as Harijans – the children of God.

But since the enactment of the Government of India Act, 1935, they have

been generally referred to as ‘scheduled castes’. They are also referred to as

‘dalits’.

After independence, the Constitution of India made a provision (Article

341) specifying the social groups which were to be treated as SCs by the

Government of India and States. As there is no definition of scheduled

castes in the Constitution, according to Article 341(2), “The President may,

with respect to any state or union territory, after consultation with the

governor, specify the castes, races, or tribes which shall for the purposes of

the constitution be deemed to be SCs in relation to that state or union

territory”.

The President of India passes orders from time to time specifying the names

of SCs in the country. Earlier, these groups were classified on ritual basis,

but now the criteria adopted for the inclusion in the SCs list are social,

economic and educational backwardness, arising out of the stigma of

untouchability. However, a person claiming to be SC should profess

either the Hindu or the Sikh or the Buddhist religion (Muthuswamy

and Brinda, 2002).

ST: The term ‘tribe’ has never been defined with any scientific precision. Of

course, some superficial and empirical characteristics are attributed to the term,

namely homogeneity, isolation and non-assimilation, territorial integrity,

consciousness of unique identify, animism (now defunct), but religion all

pervasive, equity, multi-functionality of kinship relations, segmentory nature of

the socio-economic units, frequent cooperation for common goals etc.

However, deeper studies pointed out that defining a tribe with such

characteristics in the Indian context is particularly difficult, given the high

degree of social and ethnic diversity that exists in the country and due to

frequent interaction between the tribal and non-tribal (Pathy, 1999; Kosambi,

1965).

It is difficult to list the ethnic features that are common to all Indian tribes since

India’s tribal world exhibits a high degree of diversity. After independence,

however, the Commission for Scheduled Castes and Scheduled Tribes listed

common features which tribes shared among themselves.

These were:

(i) Tribes live away from the civilized world in the inaccessible part lying in the

forest hills;

(ii) Tribes belong to one of the three stocks – Negrito, Australoid or

Mongoloid;

(iii) The members of a tribe speak the common dialect;

(iv) Tribe practise primitive religion known as animism in which they worship

ghosts and spirits;

(v) Tribes follow primitive occupations such as hunting and food gathering;

(vi) Tribes are largely meat eaters;

(vii) Tribes are pleasure seekers – they are fond of food and drinks (SC/ST

Commission Report, 1952).

However, not all tribes in India share the above features. In fact, it is extremely

difficult to find a tribe with all above features. There are significant social and

cultural differences that exist among the tribal people in India. Thus, it is

difficult to specify the exact features of a tribal society.

After independence, the Constitution of India made a provision (Article 342)

specifying the social groups which were to be treated as scheduled tribes (STs)

for official purpose. According to Article 342, “The President may, with

respect to any state or union territory and where it is a state, after consultation

with the governor, by public notification, specify the tribes or tribal

communities or parts of, or groups within tribes or tribal communities which

shall for the purpose of this constitution, be deemed to be STs in relation to that

state or union territory”.

Unlike SC “a person of the scheduled tribe may profess any religion”

(Muthuswamy and Brinda, 2002). In 1971, the list of scheduled tribes

contained 527 names. However, within the tribe a further distinction was made

during the Fifth Five-Year Plan. Those STs which were educationally and

socially more backward and nearly isolated, surviving at pre-agricultural level,

and had a declining or nearly constant population, were placed separately in a

list of primitive tribes. There are 75 such communities in India. Some examples

are Jarwa, Onge, Great Andamanese and Sentinel of Andaman Island.

A person not belonging to SC/ST by birth will not be deemed to be a member

of SC/ST by virtue of marriage with a person belonging to SC/ST. Similarly, a

person belonging to SC/ST by birth will continue to belong to that category

even after marriage with a person not belonging to SC/ST. If a SC person

converted to a religion other than Hinduism/Sikhism/Buddhism, reconverts

himself back to these religions, he will be deemed to have reverted to his

original SC status, if he is accepted by the member of that particular caste as

one among them.

OBC: The term ‘backward classes’, as originally used around 1919 by political

leaders, referred to a section of population which was backward in a socio-

economic sense. It did not limit itself to the matrix of caste. The term

‘backward classes’ encompassed the depressed classes, the aboriginal tribes

and other backward classes (OBCs).

Even the Constitution is not clear about the OBCs. While the constitution

clearly says that special provisions must be made for the SCs and STs, it does

not mention the OBCs. It only refers to “social and educationally backward

classes of citizens, in addition to the scheduled castes and scheduled tribes”. In

clause 4 of Article 15 regarding the prohibition of discrimination, it says that

“nothing in this article or clause 2 of Article 29 shall prevent the state from

making any special provision for the advancement of any social and educa-

tionally backward classes of citizens or for the scheduled castes and the

scheduled tribes”. Thus, the state is permitted to make provision for the

following: socially and educationally backward classes of citizens; scheduled

castes; and scheduled tribes.

Again, in Article 16 which provides for equality of opportunity in matters of

public employment, the clause 4 says, “nothing in this article shall prevent

parliament from making any provision for the reservation of appointments or

posts in favour of any backward class of citizens which in the opinion of the

state is not adequately represented in the service under the state”.

Thus, though Constitution used the qualifying phrase “socially and

educationally” in Article 15(4), the first obstacle before the state was to define

backward classes. As SCs and STs are listed on separate categories, identifying

backwardness purely on the basis of caste or Hindu religion was unjustifiable

as groups could be backward in non-Hindu and intermediate caste communities

too.

However, the Constitution provides for the appointment of a ‘commission’ to

investigate the conditions of backward classes (Article 340).

The Kaka Sahaeb Kalelkar Commission was appointed in 1953,

with the following terms of appointment:

(a r) To determine the tests by which any particular class or group of people

can be called ‘backward’;

(b) To prepare a list of such backward communities for the whole of India;

(c) To examine the difficulties of backward classes and the recommend steps to

be taken for their amelioration.

The Commission submitted its report in 1955 and used four criteria for

identifying the OBCs:

(a) Low social position in the traditional caste hierarchy of Hindu society;

(b) Lack of educational progress among majority of a particular

caste/community;

(c) Inadequate representation in government services;

(d) Inadequate representation in trade, commerce, and industry.

The Kalelkar Commission submitted its report to the government in 1955, but

the tests recommended by the commission appeared to the government to be

too vague and wide to be of much practical value. The report had considered 70

per cent of the Indian population as backward comprising a list of 2,399 castes

and communities. The Centre also did not accept caste as criteria for defining

social and educational backwardness.

Thus, the Centre finally decided in 1961 not to draw up any list for OBCs and

advised the states to draw up their own lists using economic ather than caste

criteria. A number of states initiated process for improving the conditions of

backward classes.

The government of Bihar introduced the policy of job reservation for 128

backward castes and communities in 1978. It fixed an income ceiling of Rs

12,000 per annum per family as the qualifying criteria. Earlier in 1972, a

backward classes commission appointed by Karnataka Government with L.G.

Havanur as chairman, however, had rejected the criteria of income and

occupation and prepared list of backward classes based on the criteria of caste

and economic standing.

Before the union government implemented the Mandal Commission

recommendations, there were eight states which had made reservations for the

backward classes: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka,

Kerala, Maharashtra, Tamil Nadu and Uttar Pradesh. Despite instruction from

the Centre for economic criteria, most of the states however, decided to adopt

caste as their basic criteria for drawing the list of backward classes.

The judiciary has also been frequently called upon to deliberate on the issue of

the identification of backward classes. In the Balaji vs State of Mysore Case

1963, the Supreme Court rejected the specification of backward classes on the

basis of caste, as had been done by the Mysore Government.

The court held the view that though the caste of a group may be relevant in

identifying its backward class status, the importance of caste should not be

exaggerated. It felt that caste was not synonymous with class. However, in the

Rajindran case 1968, the judiciary was of the view that “a caste is also a class

of citizens”. Again in the Periakaruppan case (1973), it said that “a caste

has always been recognised as a class”.

In 1978, the Government of India appointed the Second Backward Classes

Commission under the chairperson of B.P. Mandal. The Commission submitted

its report in 1980 observed that backwardness is both social and educational.

Caste is also a class of people.

In case a caste as a whole is found socially and educationally backward,

reservation for the entire caste can be allowed. The commission relying on the

1937 census figure of caste determined that OBCs were 52 per cent of the total

population. It took into account both Hindu and non-Hindu population in

arriving at the future of OBCs in India. The Commission prepared state-wise

lists of OBCs comprising 3,742 castes and communities.

The Commission adopted 11 criteria in all to determine the backwardness of a

specific caste/class – four social criteria, three educational criteria and four

economic criteria. The weightage was given to each indicator: the social

indicators were given a weightage of three points, the educational indicators

two points and the economic indicators were accorded one point. The total

value was 22 points. Caste which secured the score of 50 per cent, that is 11

points or above, were listed as ‘backward’.

Some of the major recommendations of the Commission were:

(i) Reservation of 27 per cent jobs for OBCs in Central Government institutions

and also in educational institutions;

(ii) 27 per cent reservation for promotion at all levels;

(iii) Carry over period of three years for unfilled reserved quota; and

(iv) Age relaxation for OBCs should be similar to that of the SCs and STs.

In August 1990, after it was put in cold storage for 10 years, V.P. Singh

government declared reservation of 27 per cent seats in government services on

the basis of this report. However, this was challenged as unconstitutional.

Extent of Application

The reservation is applicable to:

(a) All services/posts in the non-industrial as well as in the industrial

establishments under the control of the Government of India;

(b) Work-charged posts except those required for emergencies like

flood/accident, relief etc., per cent of reservation will be as for Groups “C” and

“D”;

(c) Daily-rated staff, though reservation orders do not apply in toto, SC/ST

candidates will be recruited in such a way that their total representation does

not fall below the prescribed percentage; and

(d) Casual workers appointed against regular posts. Shortfall will be adjusted

by appointment of SC/ST candidates from outside (Muthuswamy and Brinda,

2002).

However, reservation is not applicable to: (a) posts in Department of Space and

trainees under the Department of Atomic Energy; and (b) ex-cadre posts. But if

they are in existence for a long time, the question of including such posts in the

cadre should be considered; and (c) posts filled by deputation. But eligible

SC/ST candidates should be duly considered; if the number of posts is fairly

substantial, a fair percentage should be filled by the SCs/STs subject to

availability; and (d) certain categories of scientific and technical personnel

(earlier exempted from the reservation provision) in respect of posts up to and

including lowest grade in group “A”.

Relaxations/concessions admissible to SCs/STs in direct recruitments are:

(i) Age:

Maximum age limit up to five years for all posts.

(ii) Minimum Standard in Examination Interview:

If adequate number of SC/ST candidates satisfying the minimum standard is

not available, shortfall will be adjusted by relaxing the minimum standard,

provided they are not considered unsuitable. There will be no relaxation in

qualification and/or minimum number of marks/grade.

(iii) Less than Minimum Standard:

In the case of non-technical and technical group “C” and D” filled by direct

recruitment, instead of through written examination, if SC/ST candidates are

not available even under relaxed standards, shortfall will be adjusted by

appointment of the best among the remaining SC/ST candidates with minimum

educational qualifications.

(iv) Exemption from Fee:

Candidates are fully exempted from fees for admission to any examination for

recruitment/selection.

(v) Direct Recruitment against Reserved Vacancies:

Separate interview will be held for SC/ST candidates so that they are

not adjudged along with general candidates (Muthuswamy and Brinda,

2002).

Reservation in Promotions

The percentage of reservations in promotions wherever applicable is the same

as for direct recruitment on all-India basis by open competition. Reservations

are applicable for promotion in all grades and services in which the element of

direct recruitment, if any, does not exceed 75 per cent.

Promotion/appointments to selection grade posts – reservation orders are

applicable, as for “selection-cum-seniority/selection by merit method” or

“seniority-cum-fitness method”.

Reservations in promotions for SCs and STs will continue till such time as the

representation of each category in each cadre reaches the prescribed percentage

of reservation (OM, dated 13/8/1997)

Relaxation/concessions restored from 3/10/2000 as below:

(i) age:

Where an upper age limit not exceeding 50 years is prescribed for promotion, it

should be relaxed by five years;

(ii) Departmental Competitive Examination:

SC/ST candidates who have not acquired the general qualifying standard

should also be considered for promotion, if they are not considered unfit for

such promotion, by relaxing the qualifying standards in their favour; and

(iii) Departmental Qualifying Examination:

Suitable relaxation in the qualifying standard in such examinations should be

made in the case of SC/ST candidates (Muthuswamy and Brinda, 2002).

An officer, liaison officer, in the rank of deputy secretary is nominated in each

ministry to ensure compliance of the reservation orders issued in favour of SCs

and STs, to ensure prompt disposal of grievances and to scrutinize and

consolidate statistical data. Liaison officers are also to be nominated in the

offices of head of departments and in each attached/subordinate offices (ibid.).

For OBCs, reservations exist only in direct recruitment – 27 per cent in limit

posts/services are reserved for OBCs. No reservation in promotions.

Scientific/technical posts for conducting, organizing, guiding and directing

research, which are above the lowest group “A” grade are exempted from the

purview of reservations (OM, dated 13/5/1994) (ibid.).

Relaxations and concessions available to OBCs are:

(i) Age-limit for direct recruitment three years, for all posts;

(ii) Meritorious candidates not to be adjusted against reservation – OBC

candidates recruited on the basis of merit on the same standards as for general

candidates will not be adjusted against the 27 per cent reservation; and

(iii) Minimum standard in examination/interview in respect of written exami-

nation/interview for direct recruitment, relaxation of standards will be allowed

for OBC candidates as in the case of SC/ST.

Separate liaison officers for OBC, in the rank of deputy secretary in charge or

administration or an officer of equivalent rank in each ministry/department

attached and subordinate offices will be appointed as liaison officers separately

to look after work relating to matters of reservation for OBCs (OM dated

1/10/1997).

Institutional arrangements to implement and monitor the reservation policy

The central government has developed administrative mechanisms for regulating, monitoring and implementing the reservation policy and other programmes. At the national level there are the ministry of social justice and empowerment, ministry of tribal affairs, ministry of minority affairs and Planning Commission (Backward Caste Division) asthe nodal set-up for policy formulation, finalisation and implementation of the programmes for the development of scheduled castes, scheduled tribes, other backward classes and minorities and overseeing their overall development. These ministries and the Planning Commission also carry out evaluation and monitoring of the various educational and welfare schemes/ programmes meant for the SCs, STs, OBCs and minorities. Besides, the department of personnel and training (DOP&T) in the ministry of personnel, public grievances and pensions (Government of India) regulates and monitors the reservation policy in public services. Its primary responsibilities are to enforce the rules and make changes thereof whenever warranted and also monitor the fulfilment of the reserved quotas. As regards reservation policy in admissions in educational institutions, the ministry of human resource development (dept of secondary and higher education) is the nodal authority. Further, in each ministry/department and government-funded organisation, there are separate administrative units for scheduled castes, scheduled tribes and OBCs with liaison officers who are responsible for ensuring that instructions issued by the government on reservations for SCs, STs or OBCs are strictly complied with. The department of personnel and training, through administrative heads of the ministries and organisations, monitors and regulates reservations at the national level. In addition, there are the undermentioned independent institutions at the field level to ensure proper implementation of the reservation policy as approved by the government as also to monitor the impact of various schemes/ programmes for the welfare and development of SCs, STs, OBCs and minorities:

(i) National Commission for Scheduled Castes : set up under Article 338 of the Constitution as a high-level independent constitutional body to investigate and monitor all matters relating to the safeguards provided for the scheduled castes under the Constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards

(ii) National Commission for Scheduled Tribes : set up under Article 338A of the Constitution as a high-level independent constitutional body to investigate and monitor all matters relating to the safeguards provided for the scheduled tribes under the Constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards.

(iii) National Commission for Backward Classes : In pursuance of the direction of the Supreme Court, the Government of India enacted the National Commission for Backward Classes Act 1993 (Act No. 27 of 1993) and set up the National Commission for Backward Classes at the centre. Section 9(1) of the act provides

that it shall “examine the requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the central government as it deems appropriate.” Under Section 9(2) of the act, the advice of the commission shall ordinarily be binding upon the central government. Section 11 provides for periodic revision of lists by the central government.

(iv) National Commission for Minorities : set up to perform its statutory functions and to safeguard the interest of five religious minority communities i.e. Muslims, Sikhs, Christians, Buddhists and Parsis which are notified under the National Commission for Minorities Act 1992 and also to monitor and evaluate the development of minorities under the union and states as well as monitor the working of the safeguards provided in the Constitution and laws enacted by Parliament and the state legislatures besides making recommendations for the effective implementation of safeguards for the protection of the interest of minorities by the central government or the state governments.

Reservations available to socially and economically backwards

As stated in the previous paragraphs, reservations in employment are available to scheduled castes, scheduled tribes and other backward classes. Similarly, reservations in educational institutions are available to the scheduled castes and scheduled tribes. However, Moily Committee recommended reservations to other backward classes in educational institutions, which has been accepted by the government. No separate reservations are available to the religious and linguistic minorities excepting those included in the lists of Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Reservations in employment under the central government

While reservation for scheduled castes and scheduled tribes is generally fixed in proportion to the population of SCs and STs in the respective state/UT, for OBCs it is fixed taking into account the proportion of their population in the concerned state/UT subject to a maximum of 27 per cent and the fact that total reservations for SCs, STs and OBCs should not exceed the limit of 50 per cent. Direct recruitment in Group C and D posts normally attracts candidates from the locality or region. Reservation is not applicable in certain categories of posts in departments of space and atomic energy, scientific and technical personnel, defence, higher judiciary, etc. Pursuant to the Supreme Court orders in Indira Sawhney & Ors vs Union of India & Ors [writ petition (civil) No. 930 of 1990], the Government of India appointed an Expert Committee to recommend criteria for exclusion of the socially advanced persons/sections (creamy layer) from the benefits of reservation for other backward classes in civil posts and services under the Government of India. On the recommendations of the Expert

Committee, Government of India, vide DOP&T, OM No. 36012/22/93-Estt (SCT) dated September 8,1993, provided reservation for socially and educationally backward classes as under:

(i) Twenty-seven per cent of the vacancies in civil posts and services under the Government of India, to be filled through direct recruitment, shall be reserved for the other backward classes;

(ii) Candidates belonging to OBCs recruited on the basis of merit in an open competition on the same standards prescribed for the general candidates shall not be adjusted against the reservation quota of 27 per cent;

(iii) The aforesaid reservation shall not apply to other backward classes belonging to the creamy layer;

(iv) The OBCs, for the purpose of the aforesaid reservation, would comprise the castes and communities which are common to both the lists in the report of the Mandal Commission and the state governments’ lists;

(v) The reservations provided to SCs, STs and OBCs put together do not exceed 50 per cent of vacancies arising in a year;

(vi) No reservation for OBCs in promotion; (vii) In respect of written examinations and interviews, in order to fulfil the quota

earmarked to OBCs, relaxation of standards be provided to OBC candidates as in the case of SC/ST candidates;

(viii) Relaxation of marks for grant of non-technical scholarships/book awards to OBCs; and

(ix) Three-year age relaxation would be given to the candidates of other backward classes for direct recruitment over and above the prescribed age limit. The above instructions relating to reservations for OBCs have been extended to autonomous bodies, statutory and semi-government bodies and voluntary agencies receiving grants from government. To facilitate the fulfilment of the reservation quota, further concessions are given to scheduled caste and scheduled tribe candidates in the form of relaxation of the maximum age limit prescribed for recruitment/selection, and relaxation of standards, including relaxation of experience. Many of these concessions/relaxation provided for direct recruitment are also now extended to promotions.

Literacy and educational status of scheduled castes, scheduled tribes and other backward classes

Framers of our Constitution were aware of the need for the state to promote education amongst all and especially amongst weaker sections of the population. Hence a number of safeguards have been provided in the Constitution under Article 15(4), Article 29(1), Article 46, for educational development of the weaker sections of society. The Supreme Court of India in its judgement in the Unnikrishnan case (1993) held that all citizens have a fundamental right to education up to 14 years of age. Accordingly, the Constitution was amended to make education a fundamental right of all children between six-14 years.

Recent estimates of literacy at the national level have shown a significant increase from 52 per cent in 1991 to 64.8 per cent in 2001. The increase has been significant amongst educationally backward states. Large-scale expansion of formal primary education in the early 1990s and the innovative strategies of primary educational development projects like DPEP (District Primary Education Programme) have contributed substantially to this increase. Though female literacy has also grown during this period, yet female literacy among scheduled castes, scheduled tribes and Muslims is 41.90 per cent, 34.76 per cent and 50.1 per cent respectively against the national average of 53.7 per cent. Among minorities, the lowest literacy rate is in the Muslim communities, which is 59.1 per cent against the national average of 64.8 per cent. However, the literacy rate among Muslims is higher than the literacy rate of scheduled castes and scheduled tribes. Though the participation of the Dalits, tribals, women and minorities has improved in the last five decades, the unequal development in the hierarchical social order continues to be reflected in the indicators of educational status of various communities.With the improvement in the literacy rate, enrolment of the students at the primary stage has also gone up. The enrolment of scheduled caste and scheduled tribe students has been progressively higher than their proportion in the population.Though there has been overall improvement in the literacy rate and enrolment at the primary stage, there are still wide gaps in the educational levels of religious minorities. The relative position of different religious communities with regard to their educational level varies vis-à-vis the national average. Muslims (65.31 per cent) are better off at the primary level of education but their proportion slides down at the senior secondary (4.53 per cent) and graduation level (3.60 per cent). As against this, while Christians at the primary level (45.79 per cent) are lower than the national average, their share increases at the senior secondary (8.70 per cent) and graduation (8.71 per cent) level. Other religions follow almost the national average level.The reasons for the wide variation in the educational levels of different communities could be low enrolment and/ or low female literacy rate and/or high dropout rates at the primary and secondary stages. Further, among those remaining in school, the majority of them barely attain the educational standard expected of them due to the lack of infrastructure facilities in the schools and/or poor quality of education available, particularly in rural and hilly and backward areas. In such a situation, children belonging to the socially and economically poor families suffer most and remain at a disadvantageous position vis-à-vis those attaining proper educational standards within their communities. In institutions of higher education, the scheduled castes and scheduled tribes are not present in proportion to their population. While the increasing share of scheduled castes and scheduled tribes in public services shows that reservations in government posts and public services have enabled these communities to be more adequately represented, it also means that there is a much smaller pool of candidates from among whom these positions are being filled. In other words, against 10 per cent scheduled caste graduates, about 14 per cent of officers in Groups A and B are coming from this group. Similar may be the situation with the other backward classes and minorities. This shows that there is an urgent need to increase the pool of students – receiving quality education and then opting for and qualifying for graduation and postgraduation programmes amongst the socially and economically backward irrespective of caste or religion.

Views of the state/UT governments on reservations

During the visits of the commission to the states/UTs the commission, in addition to the official meetings, had inter alia interactions with the chief ministers and governors of certain states and the views expressed on the issue of reservation during these visits are as under:

(i) Education is the only means to address the problem of reservation in services and those who are economically poor should be provided with scholarships and other facilities to enable them to continue their education, etc.

(ii) Quality of education should be improved right from the school stage.(iii) Exclusion of communities from the Scheduled lists should be a continuous

process and decadal surveys should be carried out regularly to review these lists to avoid misuse of reservation policy.

(iv) Reservations to the deprived sections of society should be restricted to one generation only

(v) Concept of the creamy layer may be introduced for SCs and STs on the pattern of OBCs so as to ensure that the most backward among them could also derive benefits from the reservations earmarked.

(vi) Reservation should be extended to the poorest in society irrespective of the religion one pursues.

(vii) Teaching in modern subjects besides Urdu and religious education should be introduced in madrassas; and

(viii) There is need for reservation in the private sector.

Reservation as a policy has been a matter of debate since we achieved independence. Reservation as a tool for socio-economic upliftment was adopted as a short-term measure for specific categories of people who for various reasons were discriminated and deprived. In this context, Pandit Jawaharlal Nehru in his communication addressed to the chief ministers dated June 27, 1961 inter alia observed as under: “I have referred above to efficiency and to our getting out of our traditional ruts. This necessitates our getting out of the old habits of reservations and particular privileges being given to this caste or that group… It is true that we are tied up with certain rules and conventions about helping the scheduled castes and tribes. They deserve help but, even so, I dislike any kind of reservation, more particularly in services. I react strongly against anything which leads to inefficiency and second-rate standards. I want my country to be a first-class country in everything. The moment we encourage the second-rate, we are lost.” He also observed: “If we go in for reservations on communal and caste bases, we swamp the bright and able people and remain secondrate or third-rate. I am grieved to learn of how far this business of reservation has gone based on communal considerations. It has amazed me to learn that even promotions are based sometimes on communal or caste considerations. This way lies not only folly but disaster. Let us help the backward groups by all means but never at

the cost of efficiency.” 14. In view of the foregoing, the commission has considered the following viewpoints:

The basic criteria for reservation should be socioeconomic backwardness with a foolproof arrangement for issue of certificates. In fact, religion or caste should not be the basis of reservation. Also, Article 16(4) should be the basis for providing reservation benefits to minority groups who are a socio-economically backward class of citizens.

The policy of reservation must be consistent with the objective of reservation so that the same does not outlast its constitutional object and allow a vested interest to develop and perpetuate itself. There should be no need for reservation or preferential treatment once equality is achieved. In fact, it should be temporary in concept, limited in duration, conditional in application and specific in object. Any attempt to perpetuate reservation and upset the constitutional mandate of equality is destructive of liberty and fraternity and all the basic values enshrined in the Constitution. A balance has therefore to be maintained between the competing values and the rival claims and interests so as to achieve equality and freedom for all.

The concept of reservation is an exception and therefore it should aim at the achievement of self-abolition i.e by way of the elimination of backwardness and bringing the backwards economically and socially upward. The sooner the need for reservation is brought to an end, the better it would be for the nation as a whole. The sooner we redress all disabilities and wipe out all traces of historical discrimination, and stop identifying classes of citizens by the stereotyped, stigmatised and ignominious label of backwardness, the stronger, healthier and better united we will emerge as a nation founded on diverse customs, practices, religions and languages but knitted together by innumerable binding strands of common culture and tradition.

Reservation was adopted as the means to provide opportunities in employment. While the weaker sections should be given due opportunity, it is necessary to break the vicious circle of limited sections cornering the opportunities. Presently, the concept of the creamy layer in employment is applicable in case of other backward castes and not for scheduled castes and scheduled tribes. This anomaly needs rectification, as while the sections of minorities belonging to SCs/STs are availing of the reservation facility irrespective of their economic status, the minorities included in the list of the Other Backward Castes do not get this facility. Therefore there is need to have a uniform approach in this regard by excluding the creamy layer from the purview of reservation in all cases, including scheduled castes and scheduled tribes. Further, if an individual has benefited from reservation in the matter of employment, it may be worthwhile to consider his next generation for educational benefits only. After 60 years of independence and 10 five-year plans which have focused on special incentives and programmes based on the policy of positive discrimination, it is necessary to step forward, remove the differential approach based on caste, class, religion, and to adopt uniform strategies for the socially, economically and

educationally poor. Reservation should be limited to them. Similarly, reservation on promotion is admissible to the scheduled castes and scheduled tribes and not to other backward castes. Since sections of the minorities are included in the lists of Scheduled Castes and Scheduled Tribes on one hand and Other Backward Castes on the other, this has resulted in some anomaly. It is necessary that the position is reviewed and a uniform approach in reservation is adopted, limited to entry point only and not promotions. Since the existing lists of Scheduled Castes, Scheduled Tribes, Other Backward Classes, have not been scientifically prepared with proper survey and data on the socio-economic status of a particular caste or class, the entire system of reservation as also of the SC, ST, OBC lists needs to be overhauled. Since Below Poverty Line (BPL) lists are being prepared on the basis of social/educational and economic criteria, these are more scientific. Changes/revisions are possible periodically in this, as they are prepared after a regular survey which is not the case with SC, ST, OBC categories. This should be taken into account for making any recommendations regarding criteria/ reservation benefits for backward sections.In India, where there is still competition for admission to schools at the primary level and quality education is a distant dream, the limited resources and facilities that are available must be distributed fairly. There is need to provide greater opportunities for quality education at the primary and secondary level (including coaching classes) to equip the weaker sections for competing on merit along with others in recruitment to public employment. Universal Elementary Education (UEE) and Sarva Shiksha Abhiyan (SSA) should make this possible..

MANDAL COMMISSION

The Mandal Commission in India was established in 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to "identify the socially or educationally backward." It was headed by Indian parliamentarian Bindheshwari Prasad Mandal to consider the question of seat reservations and quotas for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine "backwardness." In 1980, the commission's report affirmed the affirmative action practice under Indian law whereby members of lower castes (known as Other Backward Classes and Scheduled Castes and Tribes) were given exclusive access to a certain portion of government jobs and slots in public universities, and recommended changes to these quotas, increasing them by 27% to 49.5%.

Setting up of Mandal Commission

The plan to set up another commission was taken by the Morarji Desai government in 1978 as per the mandate of the Constitution of India under article 340 for the purpose of Articles like 15and 16. The decision was made official by the president on January 1, 1979. The commission is popularly known as the Mandal Commission, its chairman being B.P. Mandal.

Criteria to identify OBC

The Mandal Commission adopted various methods and techniques to collect the necessary data and evidence. The commission adopted 11 criteria which could be grouped under three major headings : social, educational and economic in order to identify OBCs.

Social (i) Castes/classes considered as socially backward by others.(ii) Castes/classes which mainly depend on manual labour for their livelihood.(iii) Castes/classes where at least 25 per cent females and 10 per cent males above

the state average get married at an age below 17 years in rural areas and at least 10 per cent females and 5 per cent males do so in urban areas.

(iv) Castes/classes where participation of females in work is at least 25 per cent above the state average.

Educational (v) Castes/classes where the number of children in the age group of 5–15 years

who never attended school is at least 25 per cent above the state average. (vi) Castes/classes where the rate of student drop-out in the age group of 5–15

years is at least 25 percent above the state average.(vii) Castes/classes amongst whom the proportion of matriculates is at least 25 per

cent below the state average.

Economic (viii) Castes/classes where the average value of family assets is at least 25 per cent

below the state average. (ix) Castes/classes where the number of families living in kuccha houses is at least

25 per cent above the state average. (x) Castes/classes where the source of drinking water is beyond half a kilometer

for more than 50 percent of the households.(xi) Castes/classes where the number of households having taken consumption

loans is at least 25 percent above the state average. Also known as "Creamy layer," this criteria of separation is ignored by the government which is known as the most controversial issue of reservation.

Weighting indicators:

As the above three groups are not of equal importance for the purpose, separate weightage was given to indicators in each group. All the Social indicators were given a weightage of 3 points each, educational indicators were given a weightage of 2 points each and economic indicators were given a weightage of 1 point each. Economic, in addition to Social and Educational Indicators, were considered important as they directly flowed from social and educational backwardness. This also helped to highlight the fact that socially and educationally backward classes are economically backward also. It will be seen from the values given to each indicator, the total score adds up to 22. All these 11 indicators were applied to all the castes covered by the survey for a particular state. As a result of this application, all castes which had a score of 50 % (i.e. 11 points) were listed as socially and educationally backward and the rest were treated as 'advanced'.

Observations and Findings

The commission estimated that 54% of the total population (excluding SCs and STs), belonging to 3,743 different castes and communities were ‘backward’. Figures of caste-wise population are not available beyond. So the commission used 1931 census data to calculate the number of OBCs. The population of Hindu OBCs was derived by subtracting from the total population of Hindus, the population of SC and ST and that of forward Hindu castes and communities, and it worked out to be 52 per cent. Assuming that roughly the proportion of OBCs amongst non-Hindus was of the same order as amongst the Hindus, population of non-Hindu OBCs was also considered as 52 percent.

• Assuming that a child from an advanced class family and that of a backward class family had the same intelligence at the time of their birth, it is obvious that owing to vast differences in social, cultural and environmental factors, the former will beat the latter by lengths in any competitive field. Even if a backward class child’s intelligence quotient was much higher as compared to the child of advanced class, chances are that the former will lag far behind the latter in any competition where selection is made on the basis of ‘merit’

. • In fact, what we call ‘merit’ in an elitist society is an amalgam of native endowments and environmental privileges. A child from an advanced class family and that of a backward class family are not ‘equals’ in any fair sense of the term and it will be unfair to judge them by the same yard-stick. The conscience of a civilized society and the dictates of social justice demand that ‘merit’ and ‘equality’ are not turned into a fetish and the element of privilege is duly recognised and discounted for when ‘unequal’ are made to run the same race.

• To place the amalgams of open caste conflicts in proper historical context, the study done by Tata institute of Social Sciences Bombay observes. “The British rulers produced many structural disturbances in the Hindu caste structure, and these were contradictory in nature and impact …. Thus, the various impacts of the British rule on the Hindu caste system, viz., near monopolisation of jobs, education and professions by the literati castes, the Western concepts of equality and justice undermining the Hindu hierarchical dispensation, the phenomenon of Sanskritization, genteel reform movement from above and militant reform movements from below, emergence of the caste associations with a new role set the stage for the caste conflicts in modern India. Two more ingredients which were very weak in the British period, viz.,

Recommendations

The report of the commission was submitted in December 1990. Following are the recommendations as stated in the report. It may appear the upliftment of Other Backward Classes is part of the larger national problem of the removal of mass poverty. This is only partially correct. The deprivation of OBCs is a very special case of the larger national issue: here the basic question is that of social and educational backwardness and poverty is only a direct consequence of these two crippling caste-based handicaps. As these handicaps are embedded in our social structure, their removal will require far – reaching structural changes. No less important will be changes in the perception of the problems of OBCs by the ruling classes of the country.

Quantum and Scheme of Reservations

Scheduled Castes and Scheduled Tribes constitute 22.5% of the country’s population. Accordingly, a pro-rata reservation of 22.5% has been made for them in all services and

public sector undertakings under the Central Government. In the States also, reservation for SCs and STs is directly proportional to their population in each State. As stated in the last Chapter (Para 12.22) the population of OBCs, both Hindu and non-Hindu, is around 52% of the total population of India. Accordingly 52% of all post under the Central Government should be reserved for them, but this provision may go against the law laid down in a number of Supreme Court judgments wherein it has been held that the total quantum of reservations under Articles 15(4) and 16(4) of the Constitution should be below 50%. In view of this the proposed reservation for OBCs would have to be pegged at a figure which, when added to 22.5% of SCs and STs, remain below 50%. In view of this legal constrain, the commission is obliged to recommend a reservation of 27% only, even though their population us almost twice this figure.

States which have already introduced reservation for OBCs exceeding 27%, will remain unaffected by this recommendation.With the above general recommendation regarding the quantum of reservation, the Commission proposes the following over-all scheme of reservation for OBCs:-

(1) Candidates belonging to OBCs recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27%. (2) The above reservation should also be made available to promotion quota at all levels. (3) Reserved quota remaining unfilled should be carried forward for a period of three years and deserved thereafter. (4) Relaxation in the upper age limit for direct recruitment should be extended in the same manner as done in case of SCs and STs. (5) A roster system for each category of posts should be adopted by the concerned authorities in the same manner as presently done in respect of SC and ST candidates.

The above scheme of reservations in its too should be made applicable to all recruitment to public sector undertakings both under the Central and State Governments, as also to nationalized banks.All private sector undertakings which have received financial assistance from the Government in one form or the other should also be obliged to recruit personnel on the aforesaid basis. All universities and affiliated colleges should also be covered by the above scheme of reservation.To give proper effect to these recommendations, it is imperative that adequate statutory provisionsare made by the Government to amend the existing enactments, rules, procedure, etc. to the extent they are not in consonance with the same.

Arguments against reservations

The opponents of the issue argue:

Allocating quotas on the basis of caste is a form of racial discrimination, and contrary to the right to equality. Although the exact relation between caste and race is far from well established.

As a consequence of legislating to provide reservations for Christians and Muslim, religious minorities in all government education institutions will be introduced which is contrary to the ideas of secularism, and is a form of anti-discrimination on the basis of religion. Most often, only economically sound people (and rather rich) from the so-called lower castes will make use of most of the reserved seats, thus counteracting the spirit of reservations. Political parties know reservations are no way to improve the lot of the poor and the backward. They support them because of self-interest of the “creamy layer”, who use the reservations to further their own family interests, and as a political flag of ‘achievement’ during election campaigns. In fact, several studies show that the OBC class is quite comparable with the general caste in terms of annual per capita consumption expenditure, and the top strata of OBC is ahead in a host of consumption areas. The quality of these elite institutes may go down, because merit is severely being compromised by reserving seats for certain caste-based communities. There are no efforts made to give proper primary education to truly deprived classes so there is no need to reserve seats for higher studies. The government schools in India have absolutely no comparison to the public schools in the developed countries, and only about 65% of the Indian population is literate. The critics argue that "reservation" only in higher institutions and jobs, without improving primary and secondary education, cannot solve this problem. The government is dividing people on the basis of castes for political advantages.

The caste system is kept alive through these measures. Instead of coming up with alternative innovative ideas which make sure equal representation at the same time making the caste system irrelevant, the decision is only fortifying the caste system. The autonomy of the educational institutes are lost. Not everyone from the so-called upper classes are rich, and not all from so called lower classes are poor. The reservation policy of the Indian Congress will create a huge unrest in the Indian society. Providing quotas on the basis of caste and not on the basis of merit will deter the determination of many educated and deserving students of India. Multinational companies will be deterred by this action of the government, and foreign investment in India may dry down, hurting the growth of the Indian economy. Doubtless, urgent actions to improve the lot of the majority, which has not benefited from development — not achieved after 55 years of reservations for scheduled castes — are essential. But this must not hazard improving the economy’s competitiveness in a very competitive world. There are already talks of reservations in the private sector. If even after providing so many facilities to reserved categories during education, if there is no adequate representation of those people in the work force, there must be some problems with the education system.

Critics of the Mandal Commission argue that it is unfair to accord people special privileges on the basis of caste, even in order to redress traditional caste discrimination. They argue that those that deserve the seat through merit will be at a disadvantage. They reflect on the repercussions of unqualified candidates assuming critical positions in society (doctors, engineers, etc.). As the debate on OBC reservations spreads, a few interesting facts which raise pertinent question are already apparent. To begin with, do

we have a clear idea what proportion of our population is OBC? According to the Mandal Commission (1980) it is 52 percent. According to 2001 Indian Census, out of India's population of 1,028,737,436 the Scheduled Castes comprise 166,635,700 and Scheduled Tribes 84,326,240, that is 16.2% and 8.2% respectively. There is no data on OBCs in the census. However, according to National Sample Survey's 1999-2000 round around 36 per cent of the country's population is defined as belonging to the Other Backward Classes (OBC). The proportion falls to 32 per cent on excluding Muslim OBCs. A survey conducted in 1998 by National Family Health Statistics (NFHS) puts the proportion of non-Muslim OBCs as 29.8 per cent. The NSSO data also shows that already 23.5 per cent of college seats are occupied by OBCs. That's just 8.6 per cent short of their share of population according to the same survey. Other arguments include that entrenching the separate legal status of OBCs and SC/STs will perpetuate caste differentiation and encourage competition among communities at the expense of national unity. They believe that only a small new elite of educated Dalits, Adivasis, and OBCs benefit from reservations, and that such measures do nothing to lift the mass of people out of backwardness and poverty.

Arguments offered in support of reservations

People who support reservations keenly invite all the anti-reservationists to lead the life of a backward class citizen and live within the means that they have for themselves. It is their contention that in a experimental set-up like this the differences in achievement/performance would disappear or reduce down to experimental errors/random error. Underlying idea being that everyone is born equal but into an unequal circumstances. And when the circumstances have been a result of a social system then the system either needs to be abandoned or reformed.

Reservations are a political necessity in India because vast influential sections of voting population see reservations as beneficial to themselves. All governments have supported maintaining and/or increasing reservations. Reservations are legal and binding. As shown by Gujjar agitations (Rajasthan, 2007–2008), increasing reservations is also essential for peacekeeping in India.

Although Reservation schemes do undermine the quality of education but still affirmative Action schemes are in place in many countries including USA, South Africa, Malaysia, Brazil etc. It was researched in Harvard University that Affirmative Action programmes are beneficial to the under-privileged. The studies said that Blacks who enter elite institutions with lower test scores and grades than those of whites achieve notable success after graduation. They earn advanced degrees at rates identical to those of their white classmates. They are even slightly more likely than whites from the same institutions to obtain professional degrees in law, business and medicine. They become more active than their white classmates in civic and community activities.

Affirmative Action has helped many - if not everyone from under-privileged and/or under-represented communities to grow and occupy top positions in the world's leading

industries.Reservation in education is not the final solution, it is just one of the many solutions. Reservations is a means to increase representation of hitherto under-represented caste groups and thereby improve diversity on campus.

Although Reservation schemes do undermine the quality of education but still they are needed to provide social justice to the most marginalized and underprivileged is our duty and their human right. Reservation will really help these marginalized people to lead successful lives, thus eliminating caste-based discrimination which is still widely prevalent in India especially in the rural areas. (over 60% of Indian population stays in Villages).

But meritrocracy is meaningless without equality. First all people must be brought to the same level, whether it elevates a section or delevels another, regardless of merit. Only after that merit becomes meaningful. Privileged people have never known to go backward due to reservations or lack of "meritrocracy". Reservations have only slowed down the process of the 'forward' becoming richer and backward becoming poorer.

The government of India, is bound and empowered by the constitution of the country to secure for all citizens equality in social, economic and political sphere.

Reservations will go a long way in capacity building with regard to the human resource of the country. In the long run, it has tremendous economic benefits as it will raise the productivity of the majority of the potential workforce of the country.

In a perfectly functioning society the institutions and various walks of life must represent the many sections roughly in proportion to their share in population. In India it is clearly not the case and hence the need for reservations.

India does not have the economic or institutional capacity for undertaking a grassroots based solution to the problem, so reservations remain the only practical solution for social anti-discrimination.

Role of Judiciary

Already stated, reservation has been provided on the basis of Article 16(4). According to

Article 335, “the claims of the members of the scheduled castes and scheduled tribes

shall be taken into consideration in the matter of appointment to services and posts under

the union and the states, as far as may be consistent with the maintenance of efficiency of

administration”.

The Supreme Court, in General Manager vs Rangachari’s case in 1962 held that while

Article 16(4) is apparently without any limitation upon the power of reservation

conferred by it, it has to be read together with Article 335 which enjoins that in taking

into consideration the claims of the members of the scheduled castes and scheduled tribes

in the making of appointments in connection with the affairs of the union or a state, the

policy of the state should be consistent with the maintenance of efficiency of

administration.

The result is that as per Balaji vs State of Mysore case in 1963, there can be no doubt

that the constitution makers assumed that while making adequate reservation under

Article 16(4) care would be taken not to provide unreasonable, excessive or extravagant

reservation; therefore, like the special provision improperly made under Article 15(4),

reservation made under Article 16(4) beyond the permissible and legitimate limit would

be liable to be challenged as a fraud on the constitution (as quoted Basu, 1997).

As already stated, in Indira Sawhney’s case (1992) known as Mandal Commission case,

the Supreme Court had ordered that if a reservation in promotion exists it shall continue

for 5 years. However, by the Constitution (77th Amendment) Act, 1995, this limitation of

time has been removed by inserting Clause 4A to enable it to continue reservation in

promotion for the SC and ST.

The Supreme Court in its judgment of October 1996 in the case of S. Vinod Kumar vs

Union of India however, held that such relaxations in matters of reservation in

promotion were not permissible under Article 16(4) of the Constitution in view of the

command contained in Article 335 of the Constitution. In order to implement the

judgments of the Supreme Court such relaxations had to be withdrawn with effect from

July 22, 1997.

Prior to August 29, 1997 the vacancies reserved for the scheduled castes (SCs) and the

scheduled tribes (STs) which could not be filled up by direct recruitment on account of

non-availability of the candidates belonging to the SCs or the STs were treated as

‘backlog vacancies’. These vacancies were treated as distinct group and were excluded

from the ceiling of fifty per cent reservation.

The Supreme Court of India in its judgment in Indira Sawhney vs Union of India held

that the number of vacancies to be filled up on the basis of reservations in a year

including carried forward reservations in no case exceed the limit of fifty per cent.

As total reservations in a year for the SCs, STs and the OBCs combined together had

already reached 49.5 per cent and the total number of vacancies to be filled up in a year

could not exceed 50 per cent it became almost impossible to fill the “backlog vacancies”

and to hold special recruitment drives. Therefore, to implement the judgment of the

Supreme Court, an Official Memorandum dated August 29, 1997 was issued to provide

that the fifty per cent limit shall apply to current as well as backlog vacancies and

for discontinuation of the special recruitment drive.

Centre's decision to include Jats in OBC category cancelled by SC

The Supreme Court (SC) of India, on March 17, 2015, negated the Central Government's decision to include Jats in the Other Backward Classes (OBC) category.

The top court said that caste can't be the sole factor to decide backwardness, maintaining that Jats don't form socio-economic backward class. The decision will prevent the Jat population in India to avail the special benefits of reservation in jobs and educational institutions. 

"We set aside the notification to implement Jats in the Central list of Other Backward Classes," stated the bench of Justice Ranjan Gogoi and Justice Rohinton Fali Nariman.

As per the reports, the bench also said that the inclusion of politically organised class like Jat would adversely impact the welfare of the other backward classes.

The previous United Progressive Alliance (UPA) government's decision to include Jats in the central OBC list was announced on March 4, 2014. 

However, the decision of apex court came on a Public Interest Litigation (PIL) filed by the OBC Reservation Raksha Samiti, alleging that the March 4 notification was issued by the then central government a day before the Model Code of Conduct (MCC) for the Lok Sabha elections came into force to help the ruling party garner votes.

The OBC Reservation Raksha Samiti is an organisation of members of communities that are included in the Central List of Backward Classes. 

About the OBC Reservation in India:

Reservation in India is the process of setting aside a certain percentage of seats (vacancies) in government institutions for members of backward and under-represented communities (defined primarily by caste and tribe). Reservation is a form of quota-based affirmative action. Reservation is governed by constitutional laws, statutory laws and local rules and regulations. Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) are the primary beneficiaries of the reservation policies under the Constitution.

Syndicate Bank SC&ST Employee Association through its General Secretary Sh K S Badalia & Others Versus Union of India & Others:

The Apex court of the country held that reservation is applicable and available in selection method promotions of Group-A/class-1 officers up to highest level and the Govt of India have committed mistake in not giving reservation to SC&ST officers w.e.f. o1st January, 1978.

Supreme court in Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477 : 1992 Supp (3)SCC 217 upheld Implementation of separate reservation for other backward classes in central government jobs—

Ordered to exclude Creamy layer of other backward classes from enjoying reservation facilities.

Ordered to restrict reservations within 50% limit.

In General Manager, S. Rly. v. Rangachari AIR 1962 SC 36, State of Punjab v. Hiralal 1970(3) SCC 567, Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India (1981) 1 SCC 246 it was held that Reservation of appointments or posts under Article 16(4)included promotions. This was overruled in Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477 : 1992 Supp (3) SCC 217 and held that Reservations cannot be applied in promotions.

Union of India Vs Varpal Singh AIR 1996 SC 448, Ajitsingh Januja & Ors Vs State of Punjab AIR 1996 SC 1189, Ajitsingh Januja & Ors Vs State of Punjab & Ors AIR 1999 SC 3471, M.G. Badappanavar Vs State of Karnataka 2001 (2) SCC 666.

S. Vinodkumar Vs. Union of India 1996 6 SCC 580 held that relaxation of qualifying marks and standard of evaluation in matters of reservation in promotion was not permissible

Suraj Bhan Meena Vs. State of Rajasthan. Held that, in view of M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71, if the state wants to frame rules with regard to reservation in promotions and consequential seniority it has to satisfy itself with quantifiable data that is there is backwardness, inadequacy of representation in public employment and overall administrative inefficiency and unless such an exercise was undertaken by the state government the rules in promotions and consequential seniority cannot be introduced.

Reservation in promotion is dependent on the inadequacy of representation of members of SC, ST and backward classes and subject to the condition of ascertaining whether such reservation was at all required. As no exercise was undertaken to acquire quantifiable data regarding in adequacy of representation. The Rajasthan High Court rightly quashed the notifications providing for consequential seniority and promotion to the members of SC and ST communities and the same does not call for any interference.

S. Balakrishnan Vs. S. Chandrasekar (28/2/2005) The Government of Tamil Nadu Vs. Registration Department SC/ST (9/12/2005) The Madras High Court has held that reservation in promotion is available only to SC and ST and not to backward class (OBC) and most backward class 

I.R. Coelho (Dead) by LRS. Vs. State of T.N. 2007 (2) SCC 1 : 2007 AIR(SC) 861 Held, Ninth Schedule law has already been upheld by the court, it would not be open to challenge such law again on the principles declared by this judgment. However, if a law held to be violative of any rights in Part III is subsequently incorporated in the Ninth Schedule after 24 April 1973, such a violation/infraction shall be open to challenge on the ground that it destroys or damages the basic structure as indicated in Article 21 read with Article 14, Article 19 and the principles underlying thereunder. Action taken and the transactions finalized as a result of the impugned Acts shall not be open to challenge.

In Unni Krishnan, J.P. & Ors. Vs. State of AndhraPradesh & Ors. (1993 (1) SCC 645), it was held that right to establish educational institutions can neither be a trade or business nor can it be a profession within the meaning of Article 19(1)(g). This was overruled in T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481

93rd constitutional amendment introduced Art 15(5).

Ashoka Kumar Thakur vs. Union of India[4] 

1. The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the "basic structure" of the Constitution so far as it relates to the state maintained institutions and aided educational institutions. Question whether the Constitution (Ninety-Third Amendment) Act, 2005 would be constitutionally valid or not so far

as "private unaided" educational institutions are concerned, is left open to be decided in an appropriate case.

2."Creamy layer" principle is one of the parameters to identify backward classes. Therefore, principally, the "Creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are separate classes by themselves.

3. Preferably there should be a review after ten years to take note of the change of circumstances.

4. A mere graduation (not technical graduation) or professional deemed to be educationally forward.

5. Principle of exclusion of Creamy layer applicable to OBC's.

6. The Central Government shall examine as to the desirability of fixing a cut off marks in respect of the candidates belonging to the Other Backward Classes (OBCs) to balance reservation with other societal interests and to maintain standards of excellence. This would ensure quality and merit would not suffer. If any seats remain vacant after adopting such norms they shall be filled up by candidates from general categories.

7. So far as determination of backward classes is concerned, a Notification should be issued by the Union of India. This can be done only after exclusion of the creamy layer for which necessary data must be obtained by the Central Government from the State Governments and Union Territories. Such Notification is open to challenge on the ground of wrongful exclusion or inclusion. Norms must be fixed keeping in view the peculiar features in different States and Union Territories. There has to be proper identification of Other Backward Classes (OBCs.). For identifying backward classes, the Commission set up pursuant to the directions of this Court in Indra Sawhney 1 has to work more effectively and not merely decide applications for inclusion or exclusion of castes.

8. The Parliament should fix a deadline by which time free and compulsory education will have reached every child. This must be done within six months, as the right to free and compulsory education is perhaps the most important of all the fundamental rights (Art.21 A). For without education, it becomes extremely difficult to exercise other fundamental rights.

9. If material is shown to the Central Government that the Institution deserves to be included in the Schedule (institutes which are excluded from reservations) of The Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007), the Central Government must take an appropriate decision on the basis of materials placed and on examining the concerned issues as to whether Institution deserves to be included in the Schedule of the said act as provided in Sec 4 of the said act.

10. Held that the determination of SEBCs is done not solely based on caste and hence, the identification of SEBCs is not violative of Article 15(1) of the Constitution.

Women’s Reservation (108th Constitutional Amendment) Bill

“Reservation for women is needed to compensate for the social barriers that have prevented women from participating in politics and thus making their voices heard. It is of the opinion that this Bill is a crucial affirmative step in the right direction of enhancing the participation of women in the State legislatures and Parliament and increasing the role of women in democratization of the country”. Parliamentary Standing Committee Report on the Constitutional (108th Amendment) Bill.

A Brief History of Women's Reservation Bill

1996: Women’s reservation bill is introduced as 81st Constitutional Amendment Bill by Deve 1998: The bill is re-introduced as the 84th Constitutional Amendment Bill by the AtalGowda government. Bihari Vajpayee headed - National Democratic 1999: The NDA government re-introduces theAlliance (NDA) government. 2002: The bill fails to get clearance in thebill 2008: The UPA government tables the Bill in 2003: Bill is introduced twice in parliament. house. 2010: The cabinet clears the bill and the Bill isthe Rajya Sabha to save from getting lapsed. passed by the Rajya Sabha also.

The passage of the Women's Reservation Bill in the Rajya Sabha on March 9, 2010 is a momentous, heartwarming step not only for India, but is likely to be an inspirational trendsetter for women’s empowerment in the entire region. Although it is only the first step, the ripples from the smashing of a glass barrier are bound to be felt in virtually all areas of traditional male dominance. Like its democracy, therefore, India will also be a beacon in the matter of women’s emancipation. The bill faces other barriers, of course, of which the securing of the Lok Sabha’s approval is the most crucial. But the expectation among its proponents is that the momentum it has acquired by clearing the roadblocks put up by its critics should make the subsequent passages much easier. The struggle for political rights by women’s groups has been the longest in the history of independent India as the proposed constitution amendment bill had been deferred several times by successive governments since 1996. While the Indian constitution is one of the most progressive in the world and guarantees equal rights for men and women, Indian women have always waited anxiously for their equal dreams to be translated into reality. A closer look at the facts and circumstances which prevail at present, reveal that women are impoverished in every sphere of activity not by choice but by systematic exclusions from policy options and protective measures. Neither social legislations nor landmark judgments on these have had major effect to render gender justice on this count.

Main Features of the Bill

The Bill seeks to reserve, as nearly as possible, one-third of all seats for women in the Lok Sabha and the state legislative assemblies (including Delhi). It means of the 543 seats of the current 15th Lok Sabha, 181 seats will be only for women. Currently of the 545 seats, only 59 seats are being chaired by women. The allocation of reserved seats shall be determined by such

As nearly as possible, one third of the totalauthority as prescribed by Parliament. number of seats reserved for Scheduled Caste/ Scheduled Tribes (SC/ST) in the Lok Sabha and the legislative assemblies shall be reserved for

Reservation of seats for women shall cease toSC/ST women. exist 15 years after the commencement of the act.

Reserved seats may be allotted by rotation toAct. different constituencies in the state or union territory. If a state or union territory has only one seat in the Lok Sabha, that seat shall be reserved for women in the first general election of every cycle of three elections. If there are two seats, each shall be reserved once in a cycle of three elections. Similar rules apply for seats reserved for SC/STs. Of the two seats in the Lok Sabha reserved for Anglo Indians, one will be reserved for women in each of the two elections in a cycle of three elections.

Conclusion

Judiciary has played great role in the reservation policy. In various cases, Supreme Court has given passing reference to the reservation on the SC & ST in jobs. But Supreme court has said that reservation should not increase then 50% in any condition but in most North Eastern state this reservation is increased to 85% and still they have started a move to increase it to the 95% and court is not taking any steps against it. By this way we can see that judiciary is also playing a role in increase of reservation for SC & ST.

Now days politicians are playing a major role in reservation policy. The reservation policy was only for 10 years after the independence, for the upliftment of SC and ST but till now it is continue and no one has taken any step to amend it or revise it or to change it. The reason behind this is the population of SC and ST in country. Nearly 33% voting is done by SC and ST so now if they make any change in the reservation policy against the SC and ST then they have to suffer a lot for the same. So they are not taking any steps against the reservation policy.

Now if you consider the theory of John Rawles of justice then he has clearly said that “starting line should be / must be the same for all the Persons.” By providing reservation in the educational systems we are giving the same line to all the persons. He further also said that by providing equality in education they are providing equal chance to start to all the persons and further there is no need of reservation in service also.

John Rawles’ theory would well settle theoretically but as stated earlier, in a practical paraphernalia the setting and mind set of the unreserved part of population must go hand in hand with the affirmative discrimination policies in making the reserved part of the population come at an actual and affirmative par.

Bibliography

Books: (1) Constitution of India

Websites:

(1) www.lawyersclubindia.com (2) www.indianlaw.com (3) Legalservicesindia.com(4) Wikipedia(5) http://www.yourarticlelibrary.com/ (6) https://www.academia.edu (7) http://www.isidelhi.org.in/

Articles:(1) The Hindu(2) The Economist(3) India today

CERTIFICATE FROM THE HEAD OF FACULTY This is to certify that this project on Reservation Policy under Indian Constitution And The Role Of Judiciary is a bonafide work of Ashish Singh of LLB (H) V semester for the partial fulfillment of the requirement for the award of degree of bachelors of law under my supervision. It is further certified that the work is the outcome of his efforts and is fit for submission and evaluation.

The conduct of research scholar remained excellent during the period of research.

Date: 26-11-2015 Prof. Shalini SaxenaPlace: Dehradun

Acknowledgement

A student always requires a guidance through which one is able to complete his or her work.

This project is no exception to it.

I would want to take this opportunity to thank our faculty member Asst. Prof. Ms. pramadvara kushwaha.

For her being so approachable for her students so that they could do their project with finess

Thank you, as without all your help I would not be able to complete this project successfully..

Index

(1) Declaration(2) Certificate from the head of the faculty(3) Acknowledgement(4) Preface(5) List of Cases(6) Introduction(7) Historical background of reservation7.i Reservation during pre-independence period7.2 Reservations during post-independence period(8) Reservations in services in favour of other backward classes (OBCs)(9) Reservation in admissions in educational institutions(10) Constitutional provisions and reservation policy(11) Concepts of SC, ST and OBC(12) Extent of Application(13) Relaxations/concessions admissible to SCs/STs in direct recruitments (14) Relaxations and concessions available to OBCs(15) Reservation in Promotions(16) Institutional arrangements to implement and monitor the reservation policy(17) Reservations available to socially and economically backwards(18) Reservations in employment under the central government(19) Literacy and educational status of scheduled castes, scheduled tribes and other backward classes(20) Views of the state/UT governments on reservations(21) MANDAL COMMISSION(22) Setting up of Mandal Commission(23) Criteria to identify OBC(24) Weighting indicators(25) Observations and Findings(26) Recommendations(27) Arguments against reservations(28) Arguments offered in support of reservations(29) Role of Judiciary(30) Centre's decision to include Jats in OBC category cancelled by SC(31) Women’s Reservation (108th Constitutional Amendment) Bill(32) Main Features of the Bill(33) Conclusion(34) Bibliography

List of Cases

(1) S. Vinodkumar Vs. Union of India 1996 6 SCC 580(2) Indira Sawhney & Ors v. Union of India. AIR 1993 SC 477(3) General Manager, S. Rly. v. Rangachari AIR 1962 SC 36, State of Punjab v.

Hiralal 1970(3) SCC 567(4) Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India (1981) 1

SCC 246(5) M. Nagraj & Ors v. Union of India and Ors. AIR 2007 SC 71(6) The Government of Tamil Nadu Vs. Registration Department SC/ST (9/12/2005)(7) I.R. Coelho by LRS. Vs. State of T.N. 2007 (2) SCC 1 : 2007 AIR(SC) 861(8) Unni Krishnan, J.P. & Ors. Vs. State of Andhra Pradesh & Ors. (1993 (1) SCC

645)(9) T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481(10) State of Madras vs Smt Champakam Dorairajan (AIR 1951 SC525; 1951

SCR 525)(11) Devadasan vs Union of India AIR 1964 SC 179.(12) State of Kerala vs NM Thomas AIR 1976 SC 490 : (1976) 2 SCC 310(13) Shantistar Builders vs Narayan Khimalal Totame(14) Balaji vs State of Mysore AIR 1963 SC 649(15) Suraj Bhan Meena Vs. State of Rajasthan (2011) 1 SCC 467.(16) Ashoka Kumar Thakur vs. Union of India

Declaration

I ASHISH SINGH, student of LLB (H) V SEMESTER OF IMS UNISON UNIVERSITY, DEHRADUN, UTTRAKHAND WITH ROLL NO. 13LLB005, do hereby declare that this Project is an original work of mine and is result of my own intellectual efforts. I have quoted all the original sources i.e original documents as this is a research name of the authors whose work has helped me in completing this Project have been placed at appropriate places and I have not infringed copyrights of any other author.

Date: 26-11-2015 ASHISH SINGHPlace: Dehradun

A PROJECT REPORT ON Reservation Policy under Indian Constitution And The Role Of Judiciary

IN THE PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF DEGREE OF BACHELORS OF LAW

SUBMITTED TO: SUBMITTED BY: MS. PRAMADVARA KUSHWAHA ASHISH SINGHASST.PROF 13LLB005DEPT. OF LAW LLB (H) V SEM IMS UNISON UNIVERSITY