CRITICAL ANALYSIS

ON RESERVATION
POLICY IN INDIA
SUBMITTED TO
KARAMALA AREESH KUMAR

APARNA
S

19PLS64025
Introduction
The provisions existing in the Constitution of India , grounded on that tips connecting to
reservations in services for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward
Classes (OBCs) have been issued by “Department of Personnel & Training and Ministries of
Social Justice of Government of India”. The provisions formulated in the “Articles 16, 335, 338,
340, 341 & 342 of the Constitution relate to reservation, protection and safeguards, in public
employment in respect of the persons belonging to the SCs/STs
(https://dopt.gov.in/Constitutional provisions)“Article 16 permits the ‘State’ to formulate
provisions for reservation of appointments or posts in favour of SCs, STs and OBCs”. However,
the exhaustive provisions concerning the necessary and therefore the pertinence of reservation in
appointment or posts are governed by the orders issued from time to time by the “Department of
Personnel &Training, Ministry of Personnel, Public Grievances and Pension, Government of
India”. The pertinence of reservation directives is depends on the method of recruitment. Not
only the percentage of reservation but also the method of the application of reservation will hang
on and differ according to the process of recruitment.
The job reservation policy has significant faults. First, it has a "discriminatory bias against
Muslims who do not benefit from such policies". Second, “it stresses caste or tribe moderately
then income or wealth”. The objective of reservation in India has stood to pave the way for
enhancement to economically and socially depressed classes. On the other hand, to decide who
should be eligible for reservation, here an individual’s caste is the central criteria than his
economic back ground. Accordingly, groups which come under “Article 115 of the Indian
Constitution calls “socially and educationally backward classes” have benefited from the
reservation policy though, the fact the some of the groups aren’t considered as “backward”.
Mostly the benefits of this reservation policy have been utilized by the wealthy groups whereas
the poorer section have been denied the benefit.

Objective
 To study the implementation of reservation policy.
 To find out the actual need of the reservation policy.

Scope Of The Study

The study mainly focuses on the judicial standpoints in the selection of SC & ST in
numerous jobs at public and private zone. Attempted to analyse the topic by referring to
various “authors, experts, cases of The Indian Apex Court and High courts, articles, etc.”
The study is strictly bound to the References’ of Indian experts and cases.

Welfare Schemes
The schedule caste and schedule tribes within the country which has experienced extreme
backwardness in Social, Economic and Educational sector for the upliftment of SC and ST
 government has taken certain welfare measures and schemes in order to safeguard their interest
and paves the way for the Socio-Economic development.

Ministry of Social Justice and Empowerment

The Ministry of Social Justice and Empowerment is the pathway (network line) Ministry to
oversee the welfare of the Scheduled castes. Though the key accountability for advancement of
the scheduled castes rests with the government of their locality, The ministry balances their
determinations through precisely personalised schemes. The Scheduled Castes Development
(SCD) Bureau of the ministries objective is to encourage the welfare of scheduled castes by
providing them better off educational, economic and social empowerment.
Economic Empowerment Social Empowerment Educational Empowerment Other Schemes

1.National Scheduled Castes Finance and
Development Corporation (NSFDC)
2. National Safai Karamcharis Finance and
Development Corporation (NSKFDC)
3. Special Central Assistance (SCA) to
Scheduled Castes Sub-Plan (SCSP)
4. Scheme of Assistance to Scheduled
Castes Development Corporations (SCDCs)
5. Credit Enhancement Guarantee Scheme
for Scheduled Castes
6. Venture Capital Fund for Scheduled
Castes
1. The Protection of Civil Rights
Act, 1955
2. Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities)
Act, 1989
3.The ‘Prohibition of Employment
as Manual Scavengers and their
Rehabilitation Act, 2013’ (MS Act,
2013)
*Enactment of “Employment of
Manual Scavengers and
Construction of Dry Latrines
(Prohibition) Act, 1993(1993 Act);”
*Integrated Low Cost Sanitation
(ILCS) Scheme for conversion of
dry latrines into sanitary latrines in
urban areas; and
*Pre-Matric Scholarship to SC
Student.
* Pre-Matric Scholarship to the
children of those engaged in
occupations involving cleaning
and prone
*Post-Matric scholarship.
*Scholarships for obtaining
Higher Education and Coaching
Scheme
1.National Fellowship
2. National Overseas Scholarship
3. Free Coaching for SC and OBC
Students
1.Pradhan Mantri Adarsh Gram
Yojana (PMAGY)
2.Upgradation of Merit of SC Students
3.Babu Jagjivan Ram Chhatrawas
Yojna
4.Dr. Ambedkar Foundation
5.Dr. Ambedkar International Centre
at Janpath, New Delhi
6.Dr. Ambedkar National Memorial at
26, Alipur Road, Delhi
7.Babu Jagjivan Ram National
Foundation

*Launching of National Scheme for

Liberation and Rehabilitation

Source: Schemes and Programmes : Ministry of Social Justice and Empowerment - Government of
India (http://socialjustice.nic.in/SchemeList/index?mid=24541)
 Constitutional Mechanism for the Upliftment SC and ST.

PROVISIONS RELATING TO SCs

A - Definition and Specification of SCs

XVI. Special 341. Scheduled Castes –

Provisions (1) The President may with respect to any State or Union Territory, and where it is a State,
relating to after consultation with the Governor thereof, by public notification, specify the castes, races
certain classes or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this
Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as
the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled
Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or
group within any caste, race or tribe, but save as aforesaid a notification issued under the said
clause shall not be varied by any subsequent notification.

XIX. 366. Definitions – In this Constitution, unless the context otherwise requires, the following
Miscellaneou expressions have the meanings hereby respectively assigned to them, that is to say –
s (24) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such
castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes
of this Constitution;

B - Social Safeguards

17. Abolition of Untouchability –

III.
Fundamenta "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any
l Rights disability arising out of "Untouchability" shall be an offence punishable in accordance with law.

25. Freedom of conscience and free profession, practice and propagation of religion –
(1) Subject to public order, morality and health and to the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess, practise
and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from
making any law –
(a)providing for social welfare and reform or the throwing open of Hindu religious institutions
of a public character to all classes and sections of Hindus.
 II.C - Educational, Economic and Public Employment-related Safeguards

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth –
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them,
be subject to any disability, liability, restriction or condition with regard to – (a) access to
shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells,
tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State
funds or dedicated to the use of general public.
(3) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any
special provision for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.
(4) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State
from making any special provision, by law, for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes
in so far as such special provisions relate to their admission to educational institutions including
private educational institutions, whether aided or unaided by the State, other than the minority
educational institutions referred to in clause (1) of article 30.

16. Equality of opportunity in matters of public employment –

(1) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of
birth, residence or any of them, be ineligible for, or discriminated against in respect
of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing,
in regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
(4) 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.
(4A) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion, with consequential seniority, to any class or
classes of posts in the services under the State in favour of the Scheduled Castes and
the Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the services under the State.
(4B) Nothing in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year in accordance
with any provision for reservation made under clause (4) or clause (4A) as a separate
class of vacancies to be filled up in any succeeding year or years and such class of
vacancies shall not be considered together with the vacancies of the year in which
they are being filled up for determining the ceiling of fifty per cent reservation on
total number of vacancies of that year.

IV. 46. Promotion of Educational and Economic interests of Scheduled Castes,

Directive Scheduled Tribes and other weaker sections – The State shall promote with special
IV.
Directive 46. Promotion of Educational and Economic interests of Scheduled Castes,
Principles of Scheduled Tribes and other weaker sections –
State Policy The State shall promote with special care the educational and economic interests of
the weaker sections of the people, and, in particular, of the Scheduled Castes and
the Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.

Chapter II. 320. Functions of Public Service Commission –

Public (1) It shall be the duty of the Union and the State Public Service Commission to
conduct examinations for appointments to the services of the Union and the
Service
services of the State respectively.
Commission (2) The Union Public Service Commission or the State Public Service
s Commission, as the case may be, shall be consulted –
 (a) on all matters relating to methods of recruitment to civil services and for civil
posts; (b) on the principles to be followed in making appointments to civil services
and posts and in making promotions and transfers from one service to another and
on the suitability of candidates for such appointments, promotions or transfers; (c)
on all disciplinary matters affecting a person serving under the Government of
India or the Government of a State in a civil capacity, including memorials or
petitions relating to such matters; (d) on any claim by or in respect of a person who
is serving or has served under the Government of India or the Government of a
State or under the Crown in India or under the Government of an Indian State, in a
civil capacity, that any costs incurred by him in defending legal proceedings
instituted against him in respect of acts done or purporting to be done in the
execution of his duty should be paid out of the Consolidated Fund of India, or, as
the case may be, out of the Consolidated Fund of the State; (e) on any claim for the
award of a pension in respect of injuries sustained by a person while serving under
the Government of India or the Government of a State or under the Crown in India
or under the Government of an Indian State, in a civil capacity, and any question as
to the amount of any such award, and it shall be the duty of a Public Service
Commission to advise on any matter so referred to them and on any other matter
which the President, or, as the case may be, the Governor of the State, may refer to
them:
Provided that the President as respects the all-India services and also as respects
other services and posts in connection with the affairs of the Union, and the
Governor, as respects other services and posts in connection with the affairs of a
State, may make regulations specifying the matters in which either generally, or in
any particular class of case or in any particular circumstances, it shall not be
necessary for a Public Service Commission to be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to be consulted
as respects the manner in which any provision referred to in clause (4) of article 16
may be made or as respects the manner in which effect may be given to the
provisions of article 335.

XVI. Special 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts –
Provisions The claims of the members of the Scheduled Castes and the Scheduled Tribes
shall be taken into consideration, consistently with the maintenance of efficiency
relating to
of administration, in the making of appointments to services and posts in
certain connection with the affairs of the Union or of a State:
classes Provided that nothing in this article shall prevent in making of any provision in
favour of the members of the Scheduled Castes and the Scheduled Tribes for
relaxation in qualifying marks in any examination or lowering the standards of
evaluation, for reservation in matters of promotion to any class or classes of
 services or posts in connection with the affairs of the Union or of a State.

D- Political Safeguard
XVI. 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of
Special the People -
(1) Seats shall be reserved in the House of the People for -
Provision
(a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in
s relating the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous
to certain districts of Assam.
classes (2) The number of seats reserved in any State or Union territory for the Scheduled
Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the
same proportion to the total number of seats allotted to that State or Union territory in
the House of the People as the population of the Scheduled Castes in the State or
Union territory or of the Scheduled Tribes in the State or Union territory or part of the
State or Union territory, as the case may be, in respect of which seats are so reserved,
bears to the total population of the State or Union territory.

332. Reservation of seats for Scheduled Castes and Scheduled Tribes

in the Legislative Assemblies of the States –
(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except
the Scheduled Tribes in the autonomous districts of Assam, in the Legislative
Assembly of every State.
(2) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in
the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be,
the same proportion to the total number of seats in the Assembly as the population of
the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the
State, as the case may be, in respect of which seats are so reserved bears to the total
population of the State.

334. Reservation of seats and special representation to cease after

sixty years – (a) the reservation of seats for the Scheduled Castes and the
Scheduled Tribes in the House of the People and in the Legislative Assemblies of the
States; and
(b) the representation of the Anglo-Indian community in the House of the People and
in the Legislative Assemblies of the States by nomination, shall cease to have effect
on the expiration of a period of sixty years from the commencement of this
Constitution: Provided that nothing in this article shall affect any representation in the
House of the People or in the Legislative Assembly of a State until the dissolution of
 the then existing House or Assembly, as the case may be.

IX. The Panchayats

243D. Reservation of seats –
(1) Seats shall be reserved for-
(a) the Scheduled Castes; and (b) the Scheduled Tribes,in every Panchayat and the
number of seats so reserved shall bear, as nearly as may be, the same proportion to the
total number of seats to be filled by direct election in that Panchayat as the population
of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that
Panchayat area bears to the total population of that area and such seats may be allotted
by rotation to different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall
be reserved for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Panchayat shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any other level
shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such
manner as the Legislature of a State may, by law, provide: Provided that the number
of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes
in the Panchayats at each level in any State shall bear, as nearly as may be, the same
proportion to the total number of such offices in the Panchayats at each level as the
population of the Scheduled Castes in the State or of the Scheduled Tribes in the State
bears to the total population of the State:
Provided further that not less than one-third of the total number of offices of
Chairpersons in the Panchayats at each level shall be reserved for women: Provided
also that the number of offices reserved under this clause shall be allotted by rotation
to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any
provision for reservation of seats in any Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward class of citizens.

IXA. The The Municipa- lities

Municipa
243T. Reservation of seats –
- lities
 (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every
Municipality and the number of seats so reserved shall bear, as nearly as may be, the
same proportion to the total number of seats to be filled by direct election in that
Municipality as the population of the Scheduled Castes in the Municipal area or of the
Scheduled Tribes in the Municipal area bears to the total population of that area and
such seats may be allotted by rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall
be reserved for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Municipality shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a
Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the
Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature
of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any
provision for reservation of seats in any Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens.

II.E - Agency for monitoring safeguards

XVI. 338. National Commission for Scheduled Castes –
Special (1) There shall be a Commission for the Scheduled Castes to be known as the
National Commission for the Scheduled Castes.
Provision
(2) Subject to the provisions of any law made in this behalf by Parliament, the
s relating Commission shall consist of a Chairperson, Vice-Chairperson and three other
to certain Members and the conditions of service and tenure of office of the Chairperson, Vice-
Classes Chairperson and other Members so appointed shall be such as the President may by
rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall
be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission -
(a) to investigate and monitor all matters relating to the safeguards provided for the
 Scheduled Castes under this 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; (b) to inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Castes; (c) to participate and advise on the
planning process of socio-economic development of the Scheduled Castes and to
evaluate the progress of their development under the Union and any State; (d) to
present to the President, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguards; (e) to make in such reports
recommendations as to the measures that should be taken by the Union or any State
for the effective implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the Scheduled Castes; and (f)
to discharge such other functions in relation to the protection, welfare and
development and advancement of the Scheduled Castes as the President may, subject
to the provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of
Parliament along with a memorandum explaining the action taken or proposed to be
taken on the recommendations relating to the Union and the reasons for the non-
acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which any
State Government is concerned, a copy of such report shall be forwarded to the
Governor of the State who shall cause it to be laid before the Legislature of the State
along with a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the State and the reasons for the non-acceptance, if any,
of any of such recommendations.

Source : Constitutional Provisions : Ministry of Social Justice and

Empowerment - Government of India
(http://socialjustice.nic.in/ViewData/Details?mid=76656&catID=67)

The Present Status

Post-Independence period the reservation policy was started with the aim of upliftment of the
downtrodden communities, but in later years it slowly got connected with the politics and
presently have become the poll agenda for the political parties. Because of which the policy is
been routinely extended without any free and fair revisions. “The Supreme Court of India states
that the reservation policy cannot exceed 50% this is to put a hold on the policy.” In case if any
state exceeds this 50% the state will be brought under litigation by the Supreme Court. Some of
the states under litigation are “Rajasthan have proposed a 68% reservation that includes a 14%
reservation for forward castes in services and education, In Tamilnadu the caste-based
reservation fraction stands at 69% and is applicable up to 87% of the population.
(blog.forumias,2019).
Reservations in service for SC and ST
The provisions existing in the Constitution of India , grounded on which guidelines connecting to
reservations in ser vices for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward Classes
(OBCs) have been issued by “Department of Personnel & Training and Ministries of Social Justice of
Government of India”. The provisions made in the “Articles 16, 335, 338, 340, 341 & 342 of the
Constitution relate to reservation, protection and safeguards, in public employment in respect of the
persons belonging to the SCs/STs and other backward classes”.

Percentage of reservation in promotion and direct recruitment method.

SC(15%)
ST(7.5%)
OBC(27%)

Reservations in Direct Recruitment

“The three categories of direct recruitment viz. (i) All India basis by open competition
(ii) All India basis otherwise than open competition and
(iii) recruitment to Group ‘C’ and ‘D’ posts normally attracting candidates from a locality or
region. Until September 1993, in the method of ‘Direct recruitment’, reservations of posts were
only for SCs and STs. From September 1993 reservation for OBCs has also been provided in the
case of direct recruitment. The percentage of reservation for SC, ST and OBC is different in each
of the three types of direct recruitment”(reservation in service|mandeep mukherjee, 2013) is
shown in Table no1
Table no 1:
 Sl.No Category Share of Entitlement

SC ST OBC

1. Direct recruitment on All-India 15 7.5 27

basis by open competition.

2. Direct recruitment on All-India 16 2/3 7.5 25.84

basis otherwise than by open
competition.

3. Direct recruitment to Group ‘C’& Generally in proportion to the population of SCs, STs and OBCs
‘D’ posts which normally attract in the respective states/union territory.
candidates from a locality or
region.

Source:Critical Analysis on Reservation Policy in India

http://www.legalservicesindia.com/article/1331/Critical-Analysis-on-
Reservation-Policy-in-India.html

Table no. 2
“The examination conducted by SSC(Staff Selection Commission) involves a mixture of
following two kinds of nomination: -
1. On the basis of a single common All India list and;
2. On the basis of zone-wise lists.”(sandeep mukherjee, 2013)

Recruitment made through SSC(Staff Selection Commission)

Sl.No Method Share of Entitlement

SC ST OBC

1. Organisation, which receive candidates from a single common 15 7.5 27

All-India, list.

2. Organisation, which receive candidates from the list prepared by Proportion to the population
SSC on the basis of centre linked zonal basis. of SC/ST/OBC of state.

3. Organisation spreading into more than one state/union territory Roster to be drawn up in
consultation with DOPT
taking into consideration the
population of SC/ST/OBC in
 such areas.

Source:Critical Analysis on Reservation Policy in India

http://www.legalservicesindia.com/article/1331/Critical-Analysis-on
Reservation-Policy-in-India.html
Table no. 3

Promotion of reservation in promotion

Mode of promotion Reservation

Application

Yes No

Limited Department competitive Examination : Groups B,C & D. Yes

Seniority-Cum-Fitness. In all groups(Groups A,B,C & D ) Yes

Section Group C&D, Group C to Group B with in Group B, No

from Group B to lowest rank of Group A. Lowest rank
of Group A to Higher Group A posts.

Source:Critical Analysis on Reservation Policy in India

http://www.legalservicesindia.com/article/1331/Critical-Analysis-on-
Reservation-Policy-in-India.html

Critical view on Reservation Policy and Conclusion.

The government has presented numerous welfare schemes for the SC and ST in India. With
respect to all sectors live economic, social, educational and political for upliftment of the
downtrodden communities.

The reservation is mostly required in the educational sector because this is a web link if a quality
education is provided for the individual will help in improving his living standard will get a job
in public sector in the criteria of reservation and the individual will be economically well off. But
the government outlooks the reservation policy based on the caste or class which the hindrance
in the society the government has to really do away with caste based reservation and focus on the
economic background as the eligible criteria for the reservation the various sections in the
society.

Judiciary has played significant role in the reservation policy. The best example to state is “N
Nagrajan’s case, Ashok Kumar Thakor, and Indira Shawnay’s case. In this 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 of 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 we can notice that judiciary also has a
role to play for the proliferation of reservation designed for SC & ST.(Ashoka Kumar Thakur vs
Union Of India And Ors on 10 April, 2008)

The current situation in India is where politicians are performing a significant role in reservation
policy. The reservation policy was decided only for 10 years after the independence, for
enhancement of SC and ST but till date the policy has been extended in fact it is the vote bank
for the political parties, “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.” This is the key reason for
not stepping forward to modify the policy.(Equality and Sustainable Human Development - Issues and
Policy Implications - Dr.K Sivachithappa,2014).

When we look up to 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.” The reservation in the education sector
must be given in equal quality to all the individuals. By the equal quality of education given to
all the individuals may help the individual to have better off in his economy and living standards
this in turn would pave the way for the deliberate exclusion of reservation system in India.

I completely agree with the perspective of john rawles on reservation. This shows that there
should be revisions made in the reservation policy and match it to the present era in India.

References

 J.N. Pandey, The Constitutional Law of India, 46th Edition

(reprint),2009.
 Raju.C.B, Social Justice & The constitution of India (with reference to
SCs & STs).
 Ram Ahuja, Social Problems in India.
 Sandeep Mukherjee, Institute of Secretariat Training and Management.
 http://www.legalservivesindia.com
 https://ssc.nic.in
 http://Socialjustice.nic.in
 http://vikaspedia.in
 https://dopt.gov.in
 https://blog.forumias.com/article/answered-critically-examine-caste-
based-reservation-system-in-india-discuss-the-way-forward
 Constitutional Provisions : Ministry of Social Justice and
Empowerment - Government of India
(http://socialjustice.nic.in/ViewData/Details?mid=76656&catID=67)
 Schemes and Programmes : Ministry of Social Justice and Empowerment - Government of
India (http://socialjustice.nic.in/SchemeList/index?mid=24541)
 Reservation in Service | Government Of India | Social Inequality
https://www.scribd.com/document/62388575/Reservation-in-Service
 Ashoka Kumar Thakur vs Union Of India And Ors on 10 April, 2008
https://indiankanoon.org/doc/1219385/
 Equality and Sustainable Human Development - Issues and Policy
Implications - Dr.K Sivachithappa - Google Books
https://books.google.co.in/books
 https://dopt.gov.in/Constitutional provisions