Rashtrasant Tukadoji Maharaj Nagpur

University

Constitution and supreme court on reservation

DEPARTMENT OF POLITICAL SCIENCE

M.A. 1ST SEMISTER

SUBMITED BY

SHUBHAM BHOJRAJ GOWARDHAN

MENTOR

AKHANDE SIR

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 CERTIFICATE

THIS IS TO CERTIFY THE PROJECT ENTITLED IS SUCCESSFULLY DONE BY

SHUBHAM BHOJRAJ GOWARDHAN STUDY IN MA POLITICAL SCIENCE
IN FIRST SEMESTER AT RASHTRASANT TUKDOJI MAHARAJ NAGPUR
UNIVERSCITY

Student mentor principal

Date
place

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 Acknowledgement

Many people assisted me in successfully finishing this project. I

want to thank everyone involved in this initiative. I’d like to thank my
Principal and akhande sir, who helped me learn a lot about this project.
His ideas and comments aided in the completion of this project.

I am grateful to the college administration for providing me with such a

significant chance. I believe I will participate in more such activities in
the future. I guarantee that this project was created entirely by me and is
not a forgery. Finally, I’d like to express my gratitude to my parents and
friends for their excellent comments and guidance during the
completion of this project.

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 INDEX OF CONTENT

Sr no content page
1 introduction 4

2 objective 7
3 All reservation policy 8
4 Commety and 9
commission
5 Special provisions 13
6 Reservation around the 23
world
7 Court cases 24

8 conclusion 28
9 recomendatiom 29

10 referance 30

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Introduction

Is Asystem Of Affirmative Action In That Provides Historically

Disadvantaged Group Representation In
Educational ,Implaoyment ,Government
Schemes ,Health,Insurance,Banking, Foreign Higher Education . Base On
Provisions In The Indian Constitution It Allows The Union Government And
State Government To Reserve Quotas Or Seats , Which Lower The
Qualification Needed In Eam Job Opening University
Admission ,Scholersheep,Loan Etc. For Socially Educationally Backward
Citizens

Historically In India The Caste Base Discrimination Occurs Some

Class Treates As Upper And Some Are Lowers . The Upper Class People
Dominate Over The Lower Class So That The Difference Between Upper
And Lower Class Increases Upper Class Reach Day Bay Day But Lower
Classes Poor Day Bay Dayns This Form Of Discrimination Occurs Due To
Upper Class Was A Owner Class .In Indian Subcontinent Main Source Of
Income Is Farming And Aal Over The India All Lands Belongs To Upper
Class Family And Lower Classes Like ‘Dalits ‘And ‘Barabalutedars’they Are
Helpers Or Working Class In Farms So That The Working Class In India
Consider As The Dalits And Some Group Nof People Live Forest Life
Called Him As A Tribes .

In India Four Types Of Varnas Found

1. Brahmins

2. Shatriy

,3. Vaishy,

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4. Shudhra

On This Varnas Indian Society Divided Highrarchy Decreases From

Top To Bottom Sothat The Most Upper Class Treats Lower Class Or
Shudhras Like A Unkown Person , They Cant Talk With Them And Practice
Of Untouchability Privilant All The Lower Classes Like Sudhras Live
Outside The Village And The. Shudhras Face Many Type Of Discrimination
After Under The Rule Of East India Company The Position Of Lower Class
Is Better Than The Midival Period Of Time . At That Time The Lower Class
Revolution Started And And The Main Lider Of This Revolution Is ‘Dr. B.R.
Ambedkar ‘ They Give The Term “Dalits” Or Broken Man For Those Peples
Called As Lower Class . In Round Teble Conference Dr. B.R. Ambedkar
Place The Situation Of Dalits And His Point Of View After That The
Complitition Of Round Tebal Conference Comitte Dicides That The Dalits
Or Dipress Class Have Teir Sepret Electorate And Dalits Gives Votes In
Other Constituencies . On That Reacton Mahatma Gandhi Fasted In
Protest Against It And After “Poona Packt”Sighn Between Gandhi And
Ambedkar And Decides Give” Reservation Instead Of Sepret Electorets “

The Constitution Assembly Adopted The A Constitutional Policy Of

Delibretly Preferential Treatment Of Historically Disadvantageous People
First Untouchability Was Abolish In Article 17.Constitution Give The Legal
Sanction To The Temples And Other Types Of Public Places Open For All
The Peoples Of India Vithaout Any Discrimination Parliament And State
Legislatute Through Ordinary Blaw To The Advancement Of Schedule Cast
, Schedule Tribe And Other Backword Classes Constitution Prescribe
Agency For Upliftment Of Schedule Cast And Schedule Tribe . Parliament
Of India In 2019 Give A Reservation To The Economical Weker Section Of
The Society

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Objectives

In todays society the importanceof the reaervation increases day bay

day and more than half of the population uses the reservation in social ,
economical aspect . so that to see the reservation how to help the peoples
and how the reservation evolved to that we study the constitution of india
because constitution is the fundamental low of the land
The jujments of the supreme coart is also as importance as the
constitution of the india . in manay cases supeream court try to evolve the

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All reservation policys

1902: Shahu, the Maharaja of the princely state of Kolhapur, introduces

reservation in favour of non-Brahmin and backward classes in education.

1921: Mysore initiates reservation for backward castes after a decade long

social justice movement against the repression of non-Brahmin castes.

1932: Communal Award by British government grants separate electorates

in India for Muslims, Buddhists, Sikhs, Christians, Anglo-Indians,
Europeans and Depressed Classes (then untouchables). Later, Poona Pact
between M K Gandhi and B R Ambedkar reserves seats for depressed
castes within Hindu electorates

1942: Viceroy's Executive Council recommends 8.5 per cent reservation for

Scheduled Castes in civil services. B R Ambedkar was a member of the
council

1950: Indian Constitution commits to reservations for Scheduled Castes

and Tribes. A Government Order excluded converts (except four Sikh Dalit
castes) but by 1990s, Sikh and Buddhist castes were included, but
Christian and Muslim Dalits remain excluded.

1951: First amendment in Constitution to legalise caste-based reservation

in face of court cases against quota.

1990: Mandal Commission report recommending 27 per cent reservation to

OBCs is implemented by Prime Minister V P Singh

1992: Supreme Court orders 50 per cent cap on caste-based reservation.

Also strikes down Narasimha Rao government’s move to reserve 10%
government jobs for poor among Upper Castes. "Economic condition not a
criteria for reservation."

2019: Parliament passes Article 15 amendment bill allowing 10 per cent

quota for poor in higher education and jobs. Bill challenged in Supreme
Court.

2020: Reservation in legislature was only till 1960 but it has been extended
every 10 years. Latest extension was made in 2010 and is valid up to 26

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January 2020. There was never a deadline for reservation in education and
jobs.

Committees And Commissions On The Issue Of Reservation:

A. 1882 – Hunter Commission Was Appointed. Mahatma Jyotirao Phule

Made A Demand Of .
B. 1953-Kalelkar Commission Was Established 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 OBC’s Were Rejected.

C. 1979-Mandal Commission Was Established 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 (OBC), And Used The 1930 Census Data, Further
Classifying 1,257 Communities As Backward, To Estimate The OBC
Population At 52%.Ln 1980, The Commission Submitted A Report,
And Recommended Changes To The Existing Quotas, Increasing
Them From 22% To 49.5%.Ln 1990, The Mandal Commission
Recommendations Were Implemented In Government Jobs By
Vishwanath Pratap Singh. Student Organisations Launched
Nationwide Agitations. Rajiv Goswami, A Delhi University Student
Attempted Self-Immolation. Many Students Followed Suit.

D. 2003- The Sachar Committee Headed By Justice Rajinder Sachar,

And Including Sayyid Hamid, Dr. T.K. Ooman, M.A. Basith, Dr.Akhtar
Majeed, Dr.Abu Saleh Shariff And Dr.Rakesh Basant Was Appointed
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 Duty To The Committee. The Committee
Submitted Its Report In The Year 2006

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 Constitutional and Legal Provisions 1.1 Objective of providing
reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs) and
Other Backward Classes (OBCs) in services is not only to give jobs to
some persons belonging to these communities. It basically aims at
empowering them and ensuring their participation in the decision making
process of the State. Justice B.P. Jeevan Reddy, while delivering the
majority judgement in the matter of Indra Sawhney & Ors Vs. UOI & Ors,
observed that public employment gives a certain status and power, besides
the means of livelihood. The Constitution has, therefore, taken special care
to declare equality of opportunity in the matter of public employment.
Keeping the broader concept of equality in view, Clauses (4) and (4A) of
Article 16 of the Constitution declare that nothing in the said Article shall
prevent the State from making any provision for reservation of
appointments or posts in favour of backward class of citizens which in the
opinion of the State is not adequately represented in the services under the
State.

Article 16 of the Constitution and also Article 335 which have direct bearing
on reservation in services are reproduced below:

16 (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 (4) Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favor of any

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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
favor 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. (5) Nothing in this article shall affect the
operation of any law which provides that the incumbent of an office in
connection with the affairs of any religious or denominational institution or
any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination. 335. The
claims of the member of the Scheduled Castes and the Scheduled Tribes
shall be taken into consideration, consistently, with the maintenance of
efficiency of administration in the making of appointments to services and
posts in connection with the affairs of the Union or of a State. Provided that
nothing in this article shall prevent in making of any provision in favor 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.

Article 46 provides that the State shall promote with special care the
educational and economic interests of the weaker sections of the people,

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and, in particular, the Scheduled Castes and Scheduled Tribes, and shall
protect them from social injustice and all forms of exploitation. 1.3

Articles 341 and 342 of the Constitution which define as to who would be
Scheduled Castes and Scheduled Tribes with respect to any State or Union
Territory are quoted below:

341. (1) The President may with respect to any State or Union territory,
and where it is a State after consultation with the Governor thereof, by
public notification, specify the castes, races 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.

342(1) The President may with respect to any State or Union Territory, and
where it is a State after consultation with the Governor thereof, 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 Scheduled Tribes 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 (I) any caste, race or
tribe or part 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. 1.4 The Constitution does not define Other
Backward Classes. However, in pursuance of the judgment of Supreme
Court in Indira Sawhney’s case, the Government enacted the National 6
Commission for Backward Classes (NCBC) Act in April, 1993. As per
Section 2 of the NCBC Act, “Backward classes” means such backward
classes of citizens, other than the Scheduled Castes and Scheduled
Tribes, as may be specified by the Central Government in the lists. For the

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above purpose, Section 2 also defines “lists” as lists prepared by the
Central Government for providing reservation in appointments to backward
classes of citizens, which, in its opinion are not adequately represented in
services, under the Government of India and any local or other authority.
The Ministry of Social Justice and Empowerment has notified the lists of
Castes / Communities which are treated as Other Backward Classes. 1.5 It
may be noted that the Constitution imposes inter-state area restrictions so
that the people belonging to the specific community residing in a specific
area, which has been assessed to qualify for the Scheduled Castes or
Scheduled Tribes status, only benefit from the facilities provided for them.
Similar restrictions are applicable to the OBCs also. Since the people
belonging to the same caste but living in different States / Union Territories
may not necessarily suffer from the same disabilities, it is possible that two
persons belonging to the same caste but residing in different States/ U.Ts
may not both be treated to belong to SC/ST/OBC. Thus the residence of a
person in a particular locality assumes a special significance. This
residence has not to be understood in the literal or ordinary sense of the
word. On the other hand it connotes the permanent residence of a person
on the date of the notification of the Presidential Order scheduling his
caste/tribe in relation to that locality. 1.6 The Constitution (Scheduled
Castes) Order, 1950 (as amended from time to time) states that no person
professing a religion different from Hindu or Sikh or Buddhist religion can
be deemed to be a member of a Scheduled Caste. There is, however, no
religious bar for being treated as Scheduled Tribe or Other Backward
Class.

SPECIAL PROVISION FOR THE ADVANCEMENT OF BACKWARD

CLASSES

Article 15 (4) of the constitution of India makes provision for the

advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and scheduled Tribes. This clause (4)
has been added by the 1st Constitutional Amendment Act, 1951 as a result
of the decision in the case of State of Madras v. Champakam Dorairajan8.

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In this case the Madras Government had reserved seats in State medical
and engineering colleges in different communities on the basis of religion,
race and castes. This was challenged before court as it violates Article 15
(1) of the Constitution. State defended the law on the ground that it was
enacted with a view to promote the social justice for all sections of the
community as required by Article 46 of the DPSP. The SC held the law
reserving the seats on the ground of religion, race and castes as void
because it classified the student on the ground of castes, religion etc. and
not on the merit basis. To modify the effect of the above ruling of the SC,
Article 15 was amended and clause (4) was added in it. By this clause the
STATE is empowered to make special provision for advancement of
socially and educationally backward classes of citizens or for the scheduled
castes and scheduled tribes. Article 15 (4) is only an enabling provision and
does not impose any obligation on the state to take any special action
under it. State has discretion to make reservation if necessary. For making
reservation under clause (4) of Article 15 two things are to be determined

1) Who are socially and educationally backward classes?

2) What is the limit of reservation?

The Constitution of India nowhere defined the ‘backward classes’. Article

46 uses another expression ‘the weaker sections of the people’ which has
been interpreted by the SC to include all sections of the people rendered
weaker due to reasons, including poverty and physical and natural
handicaps9. Further Article 16 (4) uses ‘backward class of citizen’ First
backward classes commission Article 340, however, empower the
President to appoint a Commission to investigate conditions of socially and
educationally backward classes. In pursuance of Article 340 of the
constitution, the President of India appointed the 1st Backward Classes
Commission in 1953 under the chairmanship of Kaka Kalelkar. The
commission may recommend the steps that should be taken by the central
and the state governments to remove the difficulties of the socially and
educationally backward classes people. It was created for the following
purposes-

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 For determining the criteria which shall be adopted in considering
whether any section of the people in India in addition to SC and ST as
socially and educationally backward classes.

For investigating the conditions of such classes and the differences under
which they work. For making recommendations to the Union or any state
to take steps to remove the difficulties and to improve their economic
conditions The Commission adopted following criteria for identifying socially
and educationally backward classes: The social position of Hindu society in
the traditional caste.

1. The lower general educational advancement among the major section of

a caste or community.

2. Inadequacy of representation in government services.

3. Inadequacy of representation in the field of trade, commerce and

industry The Kaka Kalelkar commission submitted its report on March 30,
1955. It had made a list of some of the recommendation of the commission
were as follows: Undertaking caste-wise record of population in the
census of 1961.

 Treating all women as a class as ‘backward’.

 Reserving seats for backward classes @ 70% in all professional

institutions.

 Reservation of vacancies in all government services and local bodies for

OBC Mr. Kaka Kalelkar, the chairman was himself not satisfied with the
recommendation of the commission because the report was not free from
ambiguity. By writing a letter to the President he opposed the
recommendation of the commission. But the report of the commission was
not accepted by the Central government on the ground that it had not
applied any objective tests for identifying the Backward Class. In Balaji v.
State of Mysore, 10the Mysore Government issued an order under Article
15 (4) reserving seats in the Medical and Engineering colleges in the state
as follows: i. Backward and More backward classes 50% ii. Scheduled
castes 15%, and iii. Scheduled tribes 3%. Thus total 68% seats were
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reserved. The validity of order was challenged by the candidate not getting
admission. Court held that sub classification made by order between
backward and more backward was not justified under Article 15 (4). It was
also held that the ‘caste’ shall not be the sole basis for determining the
backwardness. ‘Backwardness’ must be social and educational and not
either social or educational. Thus, the government came to the conclusion
that further investigation was necessary with a view to device some
workable criteria to specify the socially and educationally backward classes
so as to give them assistance in all suitable way. Second Backward
Classes Commission In 1979, the Janata Party Government (Morarji Desai,
PM) decided to set up a second backward classes commission. The
commission was popularly known as Mandal Commission as its chairman
being Mr. B.P. Mandal. The Commission adopted the following criteria for
identifying the socially and educationally backward classes:

Social criteria,

Educational criteria, and

Economic criteria.

The commission submitted its report in December, 1980. It stated that

the OBC population was around 52% of total population of India including
Hindus and non- Hindus. 27% reservation for the OBC was recommended
by the commission. No action was taken on the basis of mandal report for
long after it was submitted. The commission by and large identified castes
with backward classes and more or less entirely ignored the economic
test11. After the report of backward class commission, the question of
characterizing backward classes again came before the SC in case of
Vasant Kumar12. All the judges of the SC agreed on the point that ‘caste’
shall not be the sole determinant of backwardness. Indira Sawhney v.
UOI13popularly known as Mandal Commission case, is the significant
pronouncement of the SC on the question of reservation of posts for the
backward classes. In 1990 the V.P. Singh government at centre issued an
official memorandum accepting the mandal commission recommendation
and announcing 27% reservation for the socially and educationally

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backward classes in vacancies in civil posts and the services under the
government of India.The memorandum was challenged before the SC and
it was considered by the 9 judges bench. The main positive aspect of the
SC can be highlighted here- Over all reservation is limited to a maximum
of 50% in a year.

Creamy layer should be excluded from the backward class. What are the
Scheduled Castes and Scheduled Tribes The Scheduled Castes and
Scheduled Tribes have been the considered the most underprivileged class
of the Indian society. The constitution of India, for compensating them,
provided special provision in their favour. There are special provisions for
SC/ST in services, legislative bodies and special favour is given to them for
preferential entry into the educational institution. Now the question is that
who comes under the SC/ST category. The constitution of India does not
define as to who are the persons who belong to SC and ST. Article 341 and
342, however empowers the President to draw up a list of these castes and
tribes. Under Article 341 the President after consultation with the Governor
with respect to the State, specify the castes, races or tribes or of groups
within castes, races or tribes for the purpose of their constitution. Any
inclusion or exclusion from the presidential notification of any caste, race or
tribes can be done by Parliament by law. RESERVATION IN ADMISSIONS
Under Article 15, reservation in educational institution can be made for
‘Women’ under article 15 (3), ‘Socially and educationally backward classes
and the Scheduled castes and the Scheduled Tribes’ under Article 15 (4),
and Other grounds not falling under Articles 15 (3) and 15 (4) . As a result
of the decision in State of Madras v. Champakam Dorairajan, 14 the 1st
Constitutional Amendment Act, 1951 was made by the Parliament to
remove the difficulties in the above case and clause (4) has been added in
Article 15. In the above case the State of Madras reserved the seats in the
educational institution on the basis of castes, religion race etc. which was
declared unconstitutional as it violated Article 15 (1). Now the new clause
(4) empowers the state to make special provisions for the socially and
educationally backward classes of people. Now the State is free to reserve
the seats in the educational institutes. Whether State can reserve seats in
privately run educational institutions

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 In T. M. Pai Foundation case15, Islamic Academy case16, P. A. Inamdar
case17 the SC held that the State cannot make reservation of seats in
admissions in privately run educational institutions. To nullify the effect of
all the above cases the Parliament added a new clause18 (5) in Article 15
and thereby empowered the State to fix the reservation in privately run
educational institutions also. But this clause does not touch the institutions
run by minority under Article 30 (1) of the constitution of India. Now it has
been clear that the State is free to make reservation in private educational
institutions also. Now the question is that what would be limitation for the
reservation, it has been cleared by the SC in Balaji case19. In this case the
SC held that the state can make reservation up to 50% seats only.
RESERVATION IN SERVICES Article 16 (4) of the constitution of India
makes provision for the reservation of appointments or posts in favour of
any ‘backward classes’ of citizens which, in the opinion of the State, is not
adequately represented in the public services under the State. Here the
term ‘State’ includes Central as well as State Government and their
instrumentalities. Article 16 (4) is applied only if two conditions are fulfilled:
1. The class of citizens is backward, and 2. The said class is not
adequately represented in the services of the state. Explaining the nature
of Article 16 (4) the SC held20 that it is an enabling provision conferring a
discretionary power on the state for making any 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 of the
state. Article 16 (4) neither impose any constitutional duty nor confers any
fundamental rights on any one for claiming reservation.21 The scope of
Article 16 (4) wa considered by the SC in Devadasan v. UOI22. In this case
the constitutional validity of the ‘carry forward rule’ framed by the
government to regulate appointment of persons of backward classes in
government services was involved. This rule provided that if sufficient
number of candidates belonging to SC/ST were not available for the
appointment of reserved quota, the vacancies that remained unfilled would
be treated as unreserved and filled by the fresh available candidates, but a
corresponding number of posts would be reserved in the next year for
SC/ST in addition to their reserved quota of the next year. The court held
the ‘carry forward rule’ as unconstitutional. But in Mandal Commission
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case23 the SC overruled the Devadasan case and held that the ‘carry
forward rule’ is valid so long as it does not in a particular year exceeds 50%
of vacancies. In this case the SC gave the following judgmentsa) Creamy
layer must be excluded from the backward classes,

b) Unlike in Balaji case Classification of backward classes into backward

and more backward is permissible,

c) Reservation shall not exceed 50%

d) No reservation in promotion

To nullify the point ‘no reservation in promotion’ the government

enacted the Constitution 77th Amendment Act, 1995 and thereby new
clause (4A)24 has been added in Article 16. PROBLEMS 1) The
reservation policy in India shall never go. 2) The reservation in India is
generally bases on caste and religion25. 3) There is no data available to
identify who are getting the advantages of reservation. 4) The families who
become rich also getting the reservation benefits. 5) The real needy people
many times don’t know their right to get reservation benefit. 6) There is
division of Indian society on the basis of caste, religion and gender. 7) Well
qualified candidates are left from going to the important administration
places. 8) There is lot of corruption in the name of reservation policy. 9)
Reservation benefits are reached to the proper beneficiaries through the
mediator; the mediators are misusing the scheme of Government very
easily, it is not a best way. 10) There is no proper observation on the
reservation policy. 11) Reservation is given from the seats of general one
and not a new creation of seats for socially and educationally backward
classes of people.

SOLUTIONS

1) First of all a database must be maintained by the government that who

are the persons actually getting the benefits from reservation. Such
database should be accessible to the public generally.

2) Backlog provision must be deleted and the vacancies left must be

fulfilled by the qualified candidates in the same year.

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 3) Reservation shall not be based on castes basis. It must be on the
economic, social and physically handicap basis.

4) Yearly observation on the reservation policy must be done and

5) The Government should create special and separate post for the weaker
section of the society and not to interfere with the general seats. 6)
Reservation should be based on the collective salary of the family, i.e.
salary of the husband and wife and the income coming from all other
sources.

7) The reservation benefits to be given only a limited children in a family 8)

The reservation should not be in the matter of promotion, it should be one
time aid.

9) The creamy layer concept should be applied to SC/ST categories also.

10) Some economic aid must be given first before giving the reservation to
the weaker section of the society.

Evolution of the Scheme of Reservation 1.7 On attainment of

Independence, instructions were issued on 21-9-47 providing for
reservation of 12 ½ per cent of vacancies for SCs in respect of recruitment
made by open competition. In case of recruitment otherwise than by open
competition this percentage was fixed at 16 2/3 per cent. Difference
between recruitment by open competition and otherwise then by open
competition has been explained in Chapter-II. After the Constitution was
promulgated, MUA, in its 7 Resolution of 13-9-50, provided 5 per cent
reservation for STs apart from the percentage fixed for SCs already in
force. The 1951 Census showed that the percentage of SCs in the total
population was 15.05 per cent and that of ST 6.31 per cent. The
percentages were not revised at the time as a comprehensive bill revising
the lists of SCs and STs was under consideration. The other reason for not
revising the percentage was that reservation had already been provided for
SCs in posts filled otherwise than by open competition to the extent of
16.66 per cent and instructions had also been issued for following a

20
regional and local percentage for Class III and Class IV posts attracting
candidates from a locality or a region. The 1961 Census revealed that the
SC and ST population in proportion to the Indian population stood at 14.64
per cent and 6.80 per cent respectively. Accordingly, the percentage of
reservation for SCs and STs was increased from 12 ½ and 5 per cent to 15
per cent and 7 ½ per cent respectively on 25-3-70. The 1971 Census did
not warrant any such review. The actual impact of 1981 Census figures on
all India percentages could not be known because the Census of 1981
could not be carried out in the State of Assam. The Government in 1993
introduced reservation for Other Backward Classes in direct recruitment
broadly at the rate of 27%. After introduction of reservation for OBCs, total
reservation for SCs, STs and OBCs comes to 49.5% in case of direct
recruitment on all India basis by open competition and 50% in case of
otherwise than by open competition. As per various judgments of the
Supreme Court, total reservation for these communities cannot exceed the
limit of 50%. 1.8 Reservation has been extended to different modes of
promotion in stages. In 1957, reservation was provided for SC & ST in
departmental competitive examinations. Reservation in promotion by
selection in Group C and Group D was provided in 1963 and in the same
year reservation in departmental competitive examination was limited to
Class III and Class IV only. The position was slightly changed in 1968 when
reservation in limited departmental examination to Class II, III and IV and
promotion by selection 'to Class III and IV was subjected to a condition that
element of direct recruitment should not exceed 50 per cent. Reservation in
promotion by 'seniority subject to fitness’, came in force in 1972 subject to
the condition that the element of direct recruitment does not exceed 50 per
cent. In 1974, reservation 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 subject to the condition that the element of direct recruitment, if
any, does not exceed 50 per cent. The limitation of the direct recruitment
not exceeding 50 per cent was raised to 66 2/ 3% per cent in 1976 and to
75% in 1989. 8 1.9 Reservation till 1.7.1997 was computed on the basis of
number of vacancies filled. The Supreme Court in the case of R.K.
Sabharwal Vs. State of Punjab held that the reservation should be
determined on the basis of number of posts in the cadre and not on the
21
basis of vacancies. Accordingly post based reservation was introduced
w.e.f. 2.7.1997. The basic principle of post based reservation is that the
number of posts filled by reservation by any category in a cadre should be
equal to the quota prescribed for that category. Prior to introduction of post
based reservation, there was a provision of exchange of reservation
between SCs and STs. After implementation of the post based reservation
such exchange is no more permissible. 1.10 Prior to 1975, scientific' and
technical posts required for conducting research or for organizing, guiding
and directing research were exempted from the purview of orders relating
to reservation for Scheduled Castes and Scheduled Tribes. In 1975
however, the above orders were modified and it was decided that the
scheme of reservations for Scheduled Castes and Scheduled Tribes should
also cover appointments made to scientific and technical posts up to and
including the lowest grade of Class I in the respective services wherever
they were exempt from the purview of the scheme of reservations. The
amended orders were however not made applicable to Department of
Space, Department of Electronics, and in regard to recruitment of trainees
to the training school of the Department of Atomic Energy. In the case of
these latter departments, the orders in force prior to 1975 continue to apply.
1.11 Various relaxations and concessions are given to SC/ST candidates
like relaxation in upper age limit, exemption from payment of
examination/application fees, relaxation in qualification of experience at the
discretion of the UPSC/competent authority, relaxations in standard of
suitability etc. Some relaxations like in upper age limit are also available to
OBCs. Institutional Safeguards 1.12 Each Ministry / Department is required
to nominate officers of the rank of Deputy Secretary or above to work as
Liaison Officer who take care of implementation of instructions relating to
special representation of SCs/STs/OBCs in their respective Ministries and attached
and subordinate offices. The system of nominating Liaison Officers has also
been extended to the offices under the Heads of Departments.
Ministries/Departments have been asked in 1969 to set up a small Cell 9
within each Ministry/Department under the direct control of Liaison Officer
to assist him to discharge his duties effectively. 1.13 The Constitution
provides for the National Commission for Scheduled Castes and the
National Commission for Scheduled Tribes which have wide ranging
22
powers and functions in regard to matters pertaining to Scheduled Castes
and Scheduled Tribes respectively. The Government has also set up the
National Commission for Other Backward Classes. Besides, there is a
Committee of Parliament on the Welfare of Scheduled Castes/Scheduled
Tribes. The Committee inter-alia examines the position regarding
representation of Scheduled Castes/Scheduled Tribes in the services
under the various Ministries and other Government organizations and
makes suitable recommendations for bringing about improvement therein
or removing bottlenecks detected by it during the course of a study. Impact
of Reservation 1.14 Representation of SCs/ STs has increased in all the
Groups viz. A, B, C and D during last six decades. At the dawn of
independence representation of SCs/STs in services was very little. As per
available information, representation of SCs in Groups A, B, C and D as on
1.1.1965 was 1.64%, 2.82%, 8.88% and 17.75% respectively which has
increased to 12.5%, 14.9%, 15.7% and 19.6% respectively as on 1.1.2008.
Likewise while representation of STs as on 1.1.1965 in Group A, B, C and
D was 0.27%, 0.34%, 1.14% & 3.39% respectively, it has increased to
4.9%, 5.7%, 7.0% and 6.9% respectively as on 1.1.2008. Total
representation of SCs and STs as on 1.1.1965 was 13.17% and 2.25%
respectively, which has increased to 17.51% and 6.82% respectively on
1.1.2008. Group-wise and total representation (in percentage) of SCs/STs
in different years is given in the following table:

Reservation around the world

Reservations aren’t just a thing in India. Reservation systems occur in

Nepal, Pakistan, Bangladesh, and Sri Lanka, to name a few. However,
while quotas are uncommon in countries, affirmative action is in use all
across the world. Affirmative Action is the name given to the reservation
system in the United States. In many places, racially discriminated groups
are given additional numbers to ensure equal representation.

 The United States has the policy of Affirmative action. 

 Brazil has the Vestibular policy. 
 The Equality Act 2010 was passed in the United Kingdom. 

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  Japan has policies in place to assist the Burakumin, who are
considered as Japan’s outcasts. 
 Employment equity (Canada) impacts aboriginals and minorities in
Canada. 
 Women and ethnic minorities are given priority in China. 
 Quotas for Swedish speakers exist in Finland. 
 Germany’s Gymnasium system has quotas. 
 Israel implements affirmative action policies. 
 Albanians have quotas in Macedonia. 
 Malaysia has a new economic policy called the Malaysian New
Economic Policy. 
 Affirmative action is in place in New Zealand for Maoris and
Polynesians. 
 Women must make up 40% of the PCL boards in Norway. 
 Romas in Romania are subject to quotas.
  Employment equity exists in South Africa. 
 South Korea maintains a policy of affirmative action for Chinese and
North Korean citizens. 
 Sweden has a broad affirmative action policy.

The reservation policy in Bangladesh was scrapped in the government

services after a huge protest march by thousands of students against
keeping certain jobs for special group of people. The Prime Minister Hasina
suggested this abolition as the students did not want the system. 

China’s success is owing to its emphasis on merit and a high-quality

education system, which has driven it to compete with Western countries
and produce world-class intellectual output. In 2016, China fell behind the
United States in terms of the quantity of scholarly papers published, while
the quality of the work published was not as high. China has a merit-based
‘Thousand Talents’ programme to attract top-quality out-of-country
academics with world-class amenities and wages

Court Cases Related To Reservation In India :-

The Indian Judiciary Has Made Jujmentes Related To The Reservation

System Of Affirmative Action That Provode For Disadvantegious Group

24
Many Of This Cases Challenge Under The Constitutional Law Amendment
And Challenges To The Legality Of Such Amendment

State Of Madras Vs Champakam Dorairajan 1951

Landmark Dicision Of Suprim Court This Jujment Lead To The First

Amendment In To The Constitution Of India It Was The First Major Jujment
Regarding Reservation In Republic Of India Supream Court Upheald The
Dicision Given Bay Madras High Court Madras Presidency Pass The In
1927 Cast Base Reservation In India In Government Job And College
Seats . Supream Court Jujment Was Providing This Type Of Reservation Is
Violetion Of Article 29(2)

After This Jujment Of Supream Cour Parliament Of India Comes With The
First Amendment Act Of 1951 In This Act Parliament Of India Amendes
Article 14(4) And Give Constitutional Recognition To The Reservation

2 . M.R.BALAJI Vs STATE OF MYSORE 1963

In This Case Supream Court Limits The Reservation On Under The

50% In This Case State Of Mysore Gives 68% Reservation In College
Seats Or In Any Other Institutions Sc Court Give Directions . Almost All
States Except Tamil Nadu (69%, Under 9th Schedule) And Rajasthan (68%
Quota Including 14% For Forwarding Castes) Have Observed This 50%
Limit. Tamil Nadu Exceeded The Limit In 1980. Andhra Pradesh Tried To
Exceed The Limit In 2005, Which Was Postponed By The High Court

3.Syndicate Bank SC & ST Employees Association & Others V. Union

Of India 1990

Reaffirmed Bihar State Harijan Kalyan Parishad V. Union Of India In

That Reservation Policy Cannot Be Denied By Method Of Selection, And

25
Was Applicable To The Highest Level Of Promotion In This Case The
Supream Court Tells The

4. Indira Sawhney Vs Union Of India-

“ The Constitution Recognized Social And Educational Backwardness,

But Not Economic Backwardness. The Court Upheld Separate Reservation
For OBC In Central Government Jobs, But Excluded These To The
Creamylayer “

Sc Heald That The Government Given Reservation To The OBC

( Other Bacward Classes) Give 27% Reservation Is Valied Becous This
This Amendment Not Cross The Limit Given By Supream Court Beyond
50% And Nullified The EWS Reservation And Sayas That Reservation Not
Base On Economic Condition And Base On Caste Base Condition

5. General Manager Southern Railway V. Rangachari

“ A Divided Court Held That Reservations Could Be Made In

Promotions As Well As Appointments”

This Jujment Is Overruled The Indira Sawhney Jujment In Indira

Swahney Jujment Sc Give Jujment That The Uses Of Reservation Only In
Initial Lavel Of Recruitment After Promotion Not Given On Basis Of
Reservation

5. Akhil Bharatiya Soshit Karamchari Sangh (Railway) V. Union Of

India
(1981) 

“ Upheld The "Carry Forward Rule" Of The Railway Board In A Selection

Of Posts Above 50% Reservation, Allowing For "Some Excess" Which Held
That Reservations Cannot Be Applied In Promotions”

Article 16 (4A) Reservation In Employment And Promotions

6. Post-Graduate Institute Of Medical Education And Research,

Chandigarh V. Faculty Association
AIR 1998 

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“When Considering A Single Post, No Reservation Can Be Made (As It
Would Amount To 100% Reservation)”

7. Janhit Abhiyan Vs Union Of India

“ Upheld The 103rd Amendment Which Introduced 10% Reservation

For  (EWS) In Education And Public Employment.”

27
conclusion

reservation policy given bay the constitution of the india and after the
supreme court go through the policy of reservation in many cases like M.
R . Balaji v/s union of india give proper view of the constitution of the india .
reservation is the policy introduce for the upliftment of the lower class
people in the society .this policy of reservation improve the social,
economical and polical areas of life and help the people to live life with
dignity
in india the lower classes and the economically and educationaly
backwork peoples are improving their lifestayeil . and reservation policy of
india tryeing to uplifting the backword classes and trying to give all a same
lavel playing fuild

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recommendation

in Indian distribution of wealth is not in prper manear in ancient time the

uppear class hindu dominat on the wealth and lower classes doesn’t have
the wealth . after the reservation policy come in power lot of people use it
for upliftment of ourself bur lot of people don’t khow the upliftment program
conducted by the state
the criteria of reservation not properly tells who get benefit so that the
persons no neeed of reservation also uses it so that the able person cant
use it

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Refrances

 Https://En.Wikipedia.Org/Wiki/
Reservation_In_India,1/12/22,4.10pm.
 Https://Www.Studocu.Com/In/Document/Dr-Ram-
Manohar-Lohiya-National-Law-University/Affirmative-
Action/Project-On-Reservation/16372331,1/12/22,4.12pm
 Https://En.Wikipedia.Org/Wiki/
Court_Cases_Related_To_Reservation_In_India,1/12/22,
4.15pm
 https://www.academia.edu/46944577/
Caste_and_Reservation_in_India
 https://www.irjet.net/archives/V6/i4/IRJET-V6I4894.pdf
 Constitution of india
 https://persmin.gov.in/DOPT/
Brochure_Reservation_SCSTBackward/Ch-01_2014.pdf


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