Introduction

Reservation in Indian law is a form of affirmative action whereby a percentage of seats are
reserved in the public sector units, union and state civil services, union and state government
departments and in all public and private educational institutions, except in the religious/
linguistic minority educational institutions, for the socially and educationally backward
communities and the Scheduled Castes and Tribes who are inadequately represented in these
services and institutions.
The Indian society is characterized by a high degree of inequality based on the tenets of the caste
system and this caste system is highly exclusionary in nature. Exclusion is integral to the system
and thus a consequence of its basic features. Social exclusion between caste groups is ensured
through the practices of endogamy and social separation. In retrospect every caste except those at
the top of the caste hierarchy has suffered from unequal and hierarchal assignment of rights. The
erstwhile oppression people having been located at the bottom of the caste hierarchy are the ones
who suffered the most. For instance apart from manual labor and some occupations that were
considered impure and polluting the erstwhile deprived communities were denied the right to do
business or own property. They were even denied the right to education and civil cultural and
religious rights. Besides they have been made to suffer from residential segregation and social
isolation because they are considered impure and polluting and not fit for social association by
the high castes. After independent the father of Indian constitution Dr. B.R. Ambedkar has
adopted democracy system in the constitution.
Now we are living in the greatest democratic system of India. The principle of democracy people
should have equal representation in the all sections of the nation. Based on the principle of
democracy, reservation policy is a series of affirmative action’s undertaken through reserving
access to seats for equal representation in the government jobs, higher educational institutions
and politics to providing reservation for socially and educationally backwards in India.
Reservation policy not had the results aspired to, as it has not been backed by a more holistic
programme that truly addresses historic oppression and inequality. Reservation is governed by
constitutional laws, and local rules and regulations. Scheduled castes, Scheduled Tribes and
other Backward Classes and in some states Backward Classes among Muslims under a category
called BCM are the primary beneficiaries of the reservation policies under the constitution. The
spirit of equal representation pervades the provisions in the Indian constitution. The main aim of
the founder of Indian 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.

Concept of Reservation
According to Justice Chinappa Reddy: “Reservation is not a charity it is representation.”
Reservation in common terms refers to an act of reserving keeping back or withholding
reservation in India law is a form of affirmative action Whereby a percentage of seats are
reserved in the public sector union and state civil services union and state government
departments and in all public and private educational institutions except in the religious or
linguistic minority educational institutions for the socially and educationally backward
communities and the represented in these services and institutions. The reservation policy is also
extended for the scheduled castes, scheduled tribes and other backward classes for representation
in the parliament of India. And this representation is giving to the unrepresented community.

Reservation in Modern Period-

During modern era in 1932 the depressed class led by Dr. B.R Ambedkar demanded for separate
electorate like that of Muslim and other minorities. The Prime Minster of Britain Ramsay
Macdonald also conceded the award to the depressed classes. But to save the life of M.K Gandhi
who had begun a fast unto death at the yeravadh prison of Poona, against the communal award to
depressed classes Dr. B.R Ambedkar and other depressed class leaders agreed to modify the
award. As a result Poona pact was signed. Under this agreement instead of separate electorates
reservation of 78 seats was provided.
Before independence the reservation systems favoring certain castes and other communities
existed before independence in several areas of British India. Demands for various forms of
positive discrimination had been made for example in 1882 and 1891. Chatrapati Shahu the king
of princely state of Kolhapur introduced reservation in favor of non Brahmin and backward
classes much of which came into force in 1902. He provided free education to everyone and
opened several Hostels to make it easier for them to receive it. He also tried to ensure that people
thus educated were suitably employed and he appealed both for a class free India and the
abolition of untouchability. His 1902 measures created 50 % of reservation for backward
communities.
The British government introduced elements of reservation in the Government of Indian Council
Act of 1909 and there were many other measures put in place prior to independence. A
significant one emerged from the Round table Conference of June 1932. According to the
Communal award separate representation was to be provided for Muslims, Sikhs, Indian
Christians, Anglo Indians and Europeans. The depressed classes were assigned a number of seats
to be filled by election from constituencies in which only they could vote although they could
also vote in other seats. The proposal was controversial M.K Gandhi fasted in protest against it
but many among the depressed classes including their leader Dr. B.R Ambedkar favored it. After
negotiations Gandhi reached an agreement with Dr. B.R Ambedkar to have a single Hindu
electorate with Dalits having seats reserved within it. Electorates for other religions such as
Islam and Sikhism remained separate. This becomes known as the Poona Pact.
After the independence of India in 1947 there were some major changes in favor of the
scheduled Castes, scheduled Tribes and Other Backward Classes. A common form of caste
discrimination in India has been the practice of untouchability. SCs were the primary targets of
the practice which was outlawed by the new Constitution of India. In 1954 the Ministry of
education suggested that 20 percent of places should be reserved for the SC and STs in
educational institutions with a provision to relax minimum qualifying markes for admission by 5
percent wherever required. In 1982 it was specified that 15 percent and 7.5 percent of vacancies
in public sector and government aided educational institutes should be reserved for the SC and
ST candidates respectively. A significant change began in 1978 when the Mandal Commission
was established to assess the situation of the socially and educationally backward classes. The
commission did not have exact population figures for the OBCs and so used data from the 1931
census thus estimating the group’s population at 52 percent. In 1980 the commission’s report
recommended that a reserved quota for OBCs of 27 percent should apply in respect of services
and public sector bodies operated by the Union Government. It called for a similar change to
admission to institutes of higher education except where states already had more generous
requirements. It was not until the 1990 that the recommendations were implemented in Union
Government jobs.
Committees and Commission on the Issue of Reservation
Some of the committees and commissions are made for the implementation of reservation in
constitution of India.
 Hunter Commission was appointed in 1882. Mahatma Jyotirao Phule made a demand of free
and compulsory education for all caste along with proportionate reservation or representation in
government jobs.
 Kaka Kalelkar Commission was established in 1953 to assess the situation of the socially and
educationally backward class. The report was accepted as far as Scheduled Castes and Scheduled
Tribes were concerned. The recommendations for OBCs were rejected.
 Mandal Commission was established in 1979 to assess the situation of the socially and
educationally backward. The commission didn’t have exact figures for a sub caste known as the
Other Backward class and used the 1930 census data further classifying 1257 communities as
backward to estimate the OBC population at 52%. In 1980 the commission submitted a report
and recommended changes to the existing quotas increasing them from 22% to 49.5%. In 1990
the Mandal Commission recommendations were implemented in government jobs by
Vishwanath Pratap Sing. Student Organizations launched nationwide agitations. Rajiv Goswami
a Delhi University student attempted self immolation. Many students followed suit.
 Sachar Committee headed by Justice Rajinder Sachar and including Sayyid Hamid Dr.T.K
Ooman M.A Basith Dr. Abu Saleh Shariff and Dr.Rakesh Basant was appointed in 2003 for
preparation of a report on the social economic and educational status of the Muslim community
of India. Dr. Syed Zafar Mahmood was the civil servant appointed by the PM as Officer on
Special on Special Duty to the committee. The committee submitted its report in the year 2006.

Implementation of Reservation and Development

We can say that, to ensure social and economic justice is the main purpose of the reservation
policy; thereby realizing the goal of the empowerment of the backward communities. It can
address certain social inequalities that pervade Indian society for so long. For, these social
inequalities leave the so-called low castes deprived in everything from education to economy.
Thus, the policy of job reservations intends to bring about proportional representation, as it is a
mode of distributing benefits based on the proportion of population 15 percent for the Schedule
Castes (SCs), 7.5 percent for Scheduled Tribes (STs) and 27 percent for other backward
communities (OBC). Totally 49.5 percent reservation has provided for backward communities.
But even after 69 years of Independent India still reservation policy has not implemented fully.
Ruler Governments have implemented only 8 per cent reservation for SCs, 2.5 for STs and 5
percent for other backward community. Totally 15.5 percent has implemented. Still 33.5 per cent
reservation has remained in government jobs.
Governments are not implementing reservation facilities provided in the Indian constitution.
 Reservation in Politics: The constitution empowers the state to take steps to provide due
representation to the scheduled caste and scheduled tribes. Various articles contain provision for
the reservation of seats for the scheduled caste and scheduled tribes in the nation’s legislative
assembly of the states. Article 332 in Municipalities Article 243 T in various panchayat (local
self government) level bodies, namely, village, taluk and district Article 243 D.

In the parliament caste and tribe based reservations are provided to make it more representative
today out of 543 seats in India’s parliament 84 (15.47%) are reserved for SC and 47 (8.66%) for
ST. Allocation of seats for scheduled caste and scheduled tribes in the Lok Sabha are made on
the basis of proportion of SC and STs in the State concerned to that of the total population. A
similar percentage of exclusive seats have been provided for members of designated SC and ST
in each state legislature. Local self government has SC, ST and gender based reservation system
in place.
 Reservation in Education: According to Article 21(A), every child should have free
education under the 14 years old. And In the case of education provision relates to non
discrimination in educational institutions, equal representations, and measures for educational
promotions. Article 15 (4) states that “Nothing in this article shall prevent the state from making
any special provision for the advancement of any socially and educationally backward classes for
the scheduled caste and the scheduled tribes”. Article 29 (2) provides protection for admission
and against discrimination in any educational institution maintained by the state or receiving aid
out of state funds on grounds only of religion, race, caste, language or any of them.
 Reservation in Employment: The constitution provides for both appointment and promotion
in the government service. Article 16 (4) empowers the state to make any provision for the
reservation in appointments, or posts in favour of any backward class of citizens. Article 16 (4A)
enables the state to make provision for reservation in matters of promotion to any group or
groups of posts in the services under the state in favour of the Scheduled caste and scheduled
tribes. Article 335 states the claims of the members of the Scheduled caste and scheduled tribes
shall be taken into consideration consistently with the maintenance of efficiency of
administration in the making of appointment of service and posts in connection with the affairs
of the union or of a state.

Constitutional Provisions
The exact necessities for the reservation in services in favor of the members of the SC/STs
have been made in the Constitution of India. They are as follows:
Article 15(4) and 16(4) of the Constitution enabled both the state and Central Governments
to reserve seats in public services for the members of the SC and ST, thereby, enshrining
impartiality of opportunity in matters of civic service.
Article 16(4 A): it makes provisions for reservation in the matter of promotion to any class
or classes of posts in the services under the State in favor of SCs and STs (Constitutional
77th Amendment, -Act, 1995).
Article 16 (4 B): It 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 (Constitutional 81st Amendment, - Act, 2000).
Article 330 and 332: It provides for specific representation through reservation of seats for
the SCs and the STs in the Parliament (Article 330) and in the State Legislative Assemblies
(Article 332), as well as, in Government and public sector jobs, in both the federal and state
Governments (Articles 16(4), 330(4) and 335).
Rationale:
The underlying theory for the provision of reservation by the state is the under-representation
of the identifiable groups as a legacy of the Indian caste system. After India gained
independence, the Constitution of India listed some erstwhile groups as Scheduled Castes
(SC) and Scheduled Tribes (ST).
The framers of the Constitution believed that, due to the caste system, SCs and the STs were
historically oppressed and denied respect and equal opportunity in Indian society and were
thus under-represented in nation-building activities.
Present Status:
After introducing the provision for reservation once, it got related to vote bank politics and
the following governments and the Indian Parliament routinely extended this period, without
any free and fair revisions. Later, reservations were introduced for other sections as well.
The Supreme Court ruling that reservations cannot exceed 50% (which it judged would
violate equal access guaranteed by the Constitution) has put a cap on reservations. The
central government of India reserves 27% of higher education for Other Backward Castes,
and individual states may legislate further reservations.
Reservation in most states is at 50%, but certain Indian states like Rajasthan have proposed a
68% reservation that includes a 14% reservation for forward castes in services and education.
However, there are states laws that exceed this 50% limit and these are under litigation in the
Supreme Court. For example, the caste-based reservation fraction stands at 69% and is
applicable to about 87% of the population in the state of Tamil Nadu.
Achievements of Reservation Policy
Reservations are a political necessity in India, for giving due representation to all sections.
Although Reservation schemes do undermine the quality of education but still 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 schemes are needed to provide social justice to the most marginalized and
underprivileged which is their human right.
Meritocracy is meaningless without equality. First all people must be brought to the same
level, whether it elevates a section or decelerates another, regardless of merit.
Reservations have only slowed down the process of “Forward becoming richer and backward
becoming poorer”.

Negative fall-outs of Reservation Policy

Reservation is similar to internal partition because in addition to being a form of ethnic
discrimination, it also builds walls against inter-caste and inter-faith marriages.
Reservations are the biggest enemy of meritocracy. By offering reservation through relaxed
entry criteria, we are fuelling inflation of moderate credentials as opposed to the promotion
of merit based education system, which is the foundation of many progressive countries.
Meritocracy should not be polluted by injecting relaxation of entry barriers, rather should be
encouraged by offering financial aids to the underprivileged although deserving candidates
only. Today the IITs and IIMs hold a high esteem in the global scenario due to their
conservation of merit.
Caste Based Reservation only perpetuates the notion of caste in society, rather than
weakening it as a factor of social consideration, as envisaged by the constitution. Reservation
is a tool to meet narrow political ends, by invoking class loyalties and primordial identities.
Affirmative Action can be provided at a more comprehensive level taking into account
various factors of exclusion such as caste, economic conditions, gender, kind of schooling
received etc. A comprehensive scheme of Affirmative Action would be more beneficial than
reservations in addressing concerns of social justice.
The benefits of reservation policy have largely been appropriated by the dominant class
within the backward castes, thereby the most marginalised within the backward castes have
remained marginalised. It has been observed that mostly the beneficiaries of reservation have
been the children of the highest paid professionals and high rank public officials.
Poor people from “forward castes” do not have any social or economic advantage over rich
people from backward caste. In such a case, discriminating against the “forward caste” goes
counter to the logic of reservation. It would create another “backward class” some years
down the line.
This ‘perceived’ injustice breads frustration and apathy in the society. The recent protests
demanding quotas by some of the forward castes, in Gujarat and Rajasthan, is the testimony
to this fact. For example, in Tamil Nadu, forward castes were able to secure only 3% of total
seats (and 9% in Open Competition) in professional institutions at Undergraduate level as
against their population percentage of 13%. This is a clear case of reverse discrimination.

Supreme Court Judgments

In a case Balaji v/s State of Mysore (AIR 1963 SC649) it was held that ‘caste of a person
cannot be the sole criteria for ascertaining whether a particular caste is backward or not.
Determinants such as poverty, occupation, place of habitation may all be relevant factors to
be taken into consideration. The court further held that it does not mean that if once a caste is
considered to be backward it will continue to be backward for all other times.
The government should review the test and if a class reaches the state of progress where
reservation is not necessary it should delete that class from the list of backward classes.’
What is surprising is that our constitution clearly is a reservation-friendly constitution but
nowhere in the constitution is the term ‘backward classes defined. What actually constitutes a
backward class? What are the determinants of a backward class? These questions remain
unanswered and it is only with the help of judicial pronouncements that they have been given
some meaning. Question arises how can reservations be made for something that has not
been defined?
Recently, while quashing the previous government’s decision to include Jats in the OBC
category, Supreme Court said: “An affirmative action policy that keeps in mind only
historical injustice would certainly result in under protection of the most deserving backward
class of citizens, which is constitutionally mandated. It is the identification of these new
emerging groups that must engage the attention of the state.”

Possible Way Forward

Opportunities for all disadvantaged children, equity, fairness and common sense should be
the guiding principles in evolving a more rational model of reservations. What can be done
towards this end?
De-reservation Policy: While caste may continue to be the mainstay of reservation policies,
the benefits should flow to the vast majority of underprivileged children from deprived
castes; not to a few privileged children with a caste tag. Families of public officials of a
certain rank certain high income professionals and others above a certain income should be
de-reserved.
In other words, once they have received a significant advantage of reservations, they should
be able to ensure opportunities for their children and vacate the space for the truly
disadvantaged children in their own caste groups.

Affirmative steps: We have to address the anger and aspirations of poor families among
unreserved communities. With the Supreme Court ruling of 50 per cent ceiling on reservation
quotas, no further reservation is possible. But intelligent, creative, fair and practical ways of
giving the poorer children among OBCs a helping hand are possible and necessary. For
instance, parental education and the school the child attended, are two sure indicators of
poverty and the backwardness of a family. If parents have not had education beyond school,
and if the child goes to a government school or a low-end, ramshackle private school, it is a
sure sign of a lack of adequate opportunity. Make education mandatory and free for all till
age of 17. Instead of introducing reservations for these backward classes what is required is
to bring about revolutionary changes in our education system at the grass-root level. When
proper education is not provided to children belonging to such categories during the primary
stage itself then on what basis are the reservations provided at a subsequent stage.
 Reservations on the basis of caste and not on the basis of other conditions are unacceptable.
Fair and just reservations to uplift the people with poor conditions of life, those who don’t
have meals to eat, clothes to wear and no home to live in. They shall be made on the basis of
factors such as gender as women are more disadvantaged than men since primitive times,
domicile, family education, family, employment, family property, family income and if any
disabilities and traumas. The process of reservation should be such that it filters the truly
economically deprived individuals and bring them all to justice.

Conclusion
The issue of reservation has remained a cause of disagreement between the reserved and the
non- reserved sections of the society. While the unreserved segments, keep on opposing the
provision, the neediest sections from within the reserved segments are hardly aware about
how to get benefited from the provision or even whether there are such provisions.
On the contrary, the creamy layer among the same segment is enjoying special privileges in
the name of reservation and political factions are supporting them for vote banks.
Reservation is no doubt good, as far as it is a method of appropriate positive discrimination
for the benefit of the downtrodden and economically backward Sections of the society but
when it tends to harm the society and ensures privileges for some at the cost of others for
narrow political ends, as it is in the present form, it should be done away with, as soon
possible. It is time we address the challenge of reservations honestly, openly, fairly and
innovatively. We cannot bury our heads in the sand forever like an ostrich.

The aim of the article is to create sense of awareness of implemented and none implemented
Percentage of reservation policies in the all section. Because of we are living in the largest
democratic system of India. The principle of democracy people should have equal
representation in the all sections of the nation. But still we are living in a life of
contradictions. In politics, we have equality and inequality in social and economic life. In
politics, we must recognize the principle of “One man one vote and one vote one value”. In
our social and economic life, we have been continuously denied the principle of one man one
value. Even after 69 years of Independent still Ruling Governments are not implementing
fully reservation facilities provided in the Indian constitution. Now we need equal
representations in the all section. So there is need for implementation fully percentage of
reservation provided by the Indian constitution for deprived communities by the politicians
and ruling governments.