Author – HARSHITA GOND, Student at GOVERNMENT LAW COLLEGE, MUMBAI.
I. Introduction:
A question related to reservation always arises in India at regular interval of time. Sometimes it is the question on limit, sometime representation and many more instances where we find that, even though reservation has been in our lives since quite long yet there remains a confusion on its implementation. Recently, the Supreme Court stated that the reservation should be given in cadres not in groups. The honourable Supreme Court also went on to describe the word ‘cadre’. Reservation system in India, is not merely a result of few day discussion or demand rather it took several years to reach where we are today. In this article, we will try to discuss almost every aspect of reservation in India in order to understand why reservation was brought and also how valid it is in today’s world. First of all we will discuss about it’s history, then case laws related to it, current scenario and Constitutional provisions.
II. Reservation in Pre-Independent India:
In India, Reservation for the first time was introduced in British era. Then British required English speakers for government jobs. Tamil Brahmins had the leverage on this matter due to their knowledge of English. 3 percent of Tamil Brahmins occupied 80 percent of jobs in the princely states of Mysore.
William Hunter and Jyotirao Phule in 1882 originally conceived the idea of caste-based reservation system.
A) Origin: William Hunter and Jyotirao Phule in 1882 originally conceived the idea of caste-based reservation system. In 1921, preferential reservation for backward communities was introduced for the first time in Colleges and State service.
Reservation in jobs were introduced by the prince of Mysore Krishna Rahe Wadiyar for “non- brahmin”. Therefore, reservation was first given in Madras.
B) Poona Pact : But the reservation we have today was first reflected in Communal Award, it was introduced by Mc Donald in 1932. He considered certain people( Muslim, Sikhs, Indian Christians, Anglo Indians, women and backward classes) as minority, and proposed that they must be provided separate electorate. Gandhi strongly opposed to this proposal by fasting in Yervada Jail. He considered that all of those depressed classes are integral part of India, there was no need of separate representation, rather there just the need to eradicate untouchability. However, Dr. B. R. Ambedkar was insisting on it. This led to Poona Pact which allowed 147 seats to be reserved for depressed classes.
C) Constituent Assembly : Constituent Assembly took almost three year to draft the constituent one of the topic was reservation. At that time the issue of reservation was pleaded, explained, accommodated and accepted with the national spirit to assimilate sections of society including the intended beneficiaries of the reservation policy into the mainstream of national life. Finally the reservation was drafted in India. After independence reservation was provided for Schedule castes and Schedule tribes.
D) Mandal Commission : The ambit of reservation was extended to include 27 percent reservation for OBCs in 1991.
III. Case laws: There are few landmark judgements on reservation which are discussed below
A) The State of Madras v. Smt.Champakam Dorairajan (1951 AIR 226, 1951 SCR 525 ) case was the first major verdict of the Supreme Court on the issue of Reservation. The case led to the First amendment in the constitution.
B) In Indra Sawhney v. Union of India (1992 Supp 2 SCR 454 ) the Supreme Court placed a limit of 50 percent on reservation quota and also introduced the concept of creamy layer.
C) M. Nagaraj v. Union Of India (2006 (8) SCC 212) the Supreme Court laid down the conditions for the state to provide reservation under article 16(4) of the Constitution. The Supreme Court held that in order to provide reservation to SC and ST the state needs to show a quantifiable data which must clearly indicate the backwardness of the community, inadequate representation in public employment and it shall not affect the overall efficiency in the administration.
D) Jarnail Singh vs Lachhmi Narain Gupta case of (2018), Supreme Court held that reservation in promotions does not require the state to collect quantifiable data on the backwardness of the SCs and STs. The Court held that creamy layer exclusion extends to SC/STs and, hence the State cannot grant reservations in promotion to SC/ST individuals who belong to the creamy layer of their community.
IV. Constitutional Provisions:
A. Part XVI of the Constitution provides provisions dealing with reservation of SC and ST in Central and State legislatures.
B. Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
C. The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
D. Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
E. Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.
F. Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
G. Article 243D provides reservation of seats for SCs and STs in every Panchayat.
H. Article 233T provides reservation of seats for SCs and STs in every Municipality.
I. Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.
V. Suggestions :
A. The government must try to understand the demand of time and must form a panel to revise laws at regular interval of time.
B. The government must try to find out the deprived sections and provide reservation only to those who direly need it
C. Reservation in educational institutions must be given to all the deprived section especially children.
D. Promotion in jobs should be solely based on eligibility.
VI. Conclusion: Reservation was introduced to correct the injustice that the backward people faced centuries ago. Reservation system in India went through a lot of changes over the years. Reservation was introduced only for 10 years even though it’s been more than 70 years of Independence, yet there are yet many facts that needs to answered in reservation. These laws should be revised.
References:
1. Reservation in Promotions: Supreme Court Holds Cadre As Unit For I’m Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Service Meaningless [Updated With Judgment]- Sohini Chowdhury28 Jan 2022: LIVE LAW
2. General Knowledge 2019 by Arihant
3. Reservation in India- Drishti IAS
4. Constitutional Law course by NALSAR