UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.B.A., LL.B. (HONS.)

SEMESTER I

ACADEMIC YEAR: 2019-20 SESSION: AUG-DEC, 2019

PROJECT

FOR

Legal Methods and

Legal Reasoning

Under the Supervision of: MR. SHASHANK PATHAK

(TO BE FILLED BY THE STUDENT)

NAME: ______V. TEJA, GUNJAN JOSHI___________

SAP NO: _______500077649, 500077445_________

ROLL NO: ____R760219153, R760219164__________

i
 ACKNOWLEDGEMENT
On the successful completion of this project, we would like to thank MR. SHASHANK PATHAK,
for helping us with the research and always attending our queries and doubts regarding the same.
We sincerely thank her for all the support and encouragement without which the completion of
this project could not have been possible.

It is indeed a great pleasure for us to present this project on 'RESERVATION SYSTEM OF

INDIA' as a part of the curriculum of BBA LLB.

Page iv
Contents

ACKNOWLEDGEMENT ............................................................................................................................ ii
ABSTRACT................................................................................................................................................. iv
INTRODUCTION ........................................................................................................................................ 1
LITERATURE REVIEW ............................................................................................................................. 2
CHAPTER 1 ................................................................................................................................................. 3
Have Reservations Worked? ......................................................................................................................... 3
CHAPTER 2 ................................................................................................................................................. 5
Are Reservations Enough? ............................................................................................................................ 5
CHAPTER 3 ................................................................................................................................................. 6
Reason For Standing Against The Odd Reservation..................................................................................... 6

Page iv
 ABSTRACT
In contrary to the expectations of some social theorists, India’s caste system has shown remarkable
persistence in the face of industrialization.

1. Many explanations have been proposed for this persistence, including ongoing discrimination
by upper castes

2. Benefits derived from social insurance groups, and caste based patronage from government
programs

This paper will examine the relationship between caste persistence and the primary government
program responsible for allocating benefits to disadvantage groups, the reservation system.
Reservation or Quota system in our country is a rarely seen example where the solution of a
problem becomes a greater nuisance than the problem itself. It is only ironical that in the land of
Lord Ram, who enthusiastically relished the half eaten berries of an untouchable devotee Shabri,
the fault lines of cast ran deep into the society.

1.) As expressed by Karl Marx, “Modern industry, resulting from the railway system, will
dissolve the hereditary divisions of labour, upon which rest the Indian caste system.”
2.) I will use caste to refer to sub-caste networks, or jati
3.) Craig Jeffrey. ’A Fist Is Stronger than five fingers’: caste and dominance in rural north
India. Transactions of the Institute of British Geographers, 26(2):217–236,2001

Page iv
 INTRODUCTION
Reservation as a policy came after independence. Reservation was brought be cause previously in
Hindu society only bhramins and some forward castes were allowed to study, read and attend
schools and others were not allowed. And it is also written in Vedas that only Brahmin should
learn. So this practice was going on for generations and most of the percentage of the population
was illiterate and ignorant so that the kings and the bhramins were unquestioned and treated to the
others in an autocratic and uncivilized way. Slowly some forward castes started learning especially
when English came to India and schools and colleges were started to impart education. Naturally
pupils from educated families were advantageous in education as they had help others had
difficulties to learn as nobody taught them. In order to have equality, reservation on the basis of
caste was introduced by Dr Bhim Rao Ambedker, later on was implemented by VP Singh’s
Government on the report of Mandal Commision.

Education for all improves the society, country socially, economically and knowledge wise.
Originally the reservation was for a limited period of time but politicians had been extending it,
and are taken as a political issue as caste and religion plays a very important role in elections

1
 LITERATURE REVIEW

As this is a delicate process with the issues concerned behind it became a point to study about the
impact of reservation on Indian population. Many works were previously done and presented.
Terry L. Anderson (1995) in his article “How the government keeps Indians in Poverty” describes
reservation system as one of its causes. P.M Bakshi in his book “The Constitution of India” had
some selective comments regarding reservation and its impact on society. Presently published
works are mostly working out the effect of politicians on smooth and effective implementation of
Reservation for Equality.

Page iv
 CHAPTER 1

Have Reservations Worked?

Success of reservations policy will be measured by results—how Dalits fare in Indian society. A
precursor example was the selection in 1997 of K.R. Naryanan, a Dalit, as India’s President. His
distinguished career has included time as a journalist, heading a university, and service as
Ambassador to the United States. Dalit political activism is another indicator of change. Well
orchestrated protests at the 2001 United Nations Conference on Racism in Durban, lively Internet
sites of Dalit advocacy groups, and, most of all, growing involvement in political life show that
increasing numbers of Dalits are making their presence felt.

The emergence of well-educated, articulate, and middle class Dalits raises the question of what
was responsible for such progress. In the case of Dr. Ambedkar, a maharaja stepped in to help at a
critical juncture in his education. For those following in his footsteps, the “maharaja” may be the
reservations system.

Criticized, with justification, for inefficiency (or worse), the network of reservations in its half
century of existence has contributed to Dalit opportunity. On a nationwide scale, it has meant more
educational and better government job opportunities for Dalits. Statistical evidence (Tables 3 and
8, above) shows decidedly positive trends for Dalits entering into senior civil service ranks, an
eight-fold increase from 1959 to 1995, and receiving higher education, a near-doubling over 17
years ending in 1996.

Literacy rates through 1991 are less compelling and showed that Dalits were not closing the gap
with the general population. However, the 2001 Census reports a ten-year jump of 27 percent in

national literacy (to 65 percent). Census data on Dalit literacy are not yet available, but an
independent 1997-1998 study found that Dalit educational achievement for younger age groups in
villages in Rajasthan and Madhya Pradesh had surged to the point that it was virtually the same as
for upper castes.

Page iv
What is harder to pinpoint is how much improvement can be credited to reservations and how
much might have occurred without them as a result of general government development policies
and economic growth. Dalit groups are in no mood to find out. Realistically, the system has
become such a mainstay in India, involving a significant portion of the population, that it is
doubtful that the dismantling of the system is even feasible. No politician will risk trying to roll
back these “temporary” measures.

Page iv
 CHAPTER 2

Are Reservations Enough?

Reservation is not a favour we give to lower castes people. It is something which they have to
claim as their right. It is a special right. It is a special right to a special privilege. However, this
does not demand any special obligation from them. The lower caste people get this right as a
response to their own needs. Some genuine and kind –hearted people accepted that the lower caste
people have had a bad deal and they must do something to help those people to get out of their
misery. This is a noble thought. But reservation does not find its justification in such kind hearts
and noble thoughts. Reservation as a claim of justice should be distinguished from the policy
aiming at establishing equality and peace. Let me explain the demand of justice and reservation
with the help of an example, in buses, seats is reserved for women. Here we find a young beautiful
and well decked up woman boarding a crowded bus. The bus is full of tired men who have been
standing for a long time. Still, our lady comes and claims her reserved seat as her right. This is the
logic of reservation. The men who are standing from the starting points are more in needs of seats.
But that women need not bother about exercising her right, she doesn’t say the man a thank you.
It is none of our business to find out if this woman is only enjoying the ride or she is running home
to cook food for her family. She does not contract any special obligation in return to her reserved
seat. However I don’t think that any body in his or her sense would have ever thought that
reservation in a few jobs or colleges can bring equality. It can’t and it is not meant to be.
Reservation is an ethical response to the sheer intolerable nature of this structural inequality.
Reservation is the act of collective responsibility.

Page iv
 CHAPTER 3

Reason For Standing Against The Odd Reservation

It is the high time to stand against the govt. of India's policy of reservation in higher education.
They have not only ignored the need to lift the quota raj, but also increased the reservation by 27%
through the recent bill. Every responsible citizen should protest against this historic blunder.
Reservation policies adopted by govts always tend to create and secure their respective vote banks.
It has become the decisive playing card to acquire the so called dalit and other backwards vote
banks. Though political leaders term it as swamajic nyay (social justice). The reservation policy
also proved its usual failure as after 60yrs of independence they are shouting for reservation.
Reservation not only demeans the quality of higher education, but it stands as one of the greatest
hindrance of nation's progress allowing less meritorious students ignoring the genuine candidates.
If there is no protest, then the nation is surely going to abuse their original human resource and
also allowing the politicians to get involved in ugly policy of their crude politics at the cost of
nation's progress. So please stand against their politics. I also promise to discuss the detail of
reservation. It is not an individual’s fight, It is everybody’s right to protest. Wishing you merry
Christmas and a colorful and fruitful happy new year.

Page iv
Submitted by

V.TEJA, GUNJAN JOSHI

BBA LLB
SEMESTER- I

Page iv