Professional Documents
Culture Documents
Sangeetha P S : 190021020233
2022
MAHATMA GANDHI UNIVERSITY
KOTTAYAM
PROJECT WORK
ON
ECONOMIC RESERVATION IN INDIA: A PANACEA OR MIRAGE
Submitted for the partial fulfillment of the award of B.A Degree in Political Science ( CBCS ) by the
following students.
Sangeetha P S : 190021020233
CERTIFICATE
This is to certify that the project work entitled ECONOMIC RESERVATION IN INDIA :
A PANACEA OR MIRAGE is a bonafied record submitted by Ansu Abraham, Afiya Nizar,
Sangeetha P S , Vinaya Murali for the partial fulfilment of the award of B.A Degree ( CBCS )
in Political Science under the supervision of CYRIL SIMON.
Place : Aruvithura
Date :
ST. GEORGE'S COLLEGE ARUVITHURA
DECLARATION
We, the following students do hereby declare that the project work entitled ECONOMIC
RESERVATION IN INDIA: A PANACEA OR MIRAGE is an original work carried out by us for the
partial fulfillment of B.A Degree ( CBCS ) in Political Science under Mahatma Gandhi University ,
Kottayam.
Sangeetha P S : 190021020233
Place: Aruvithura
Date:
ACKNOWLEDGEMENT
For the completion of this dissertation work, We have received valuable assistance from various
sources.
We humbly acknowledge Our deep debt of gratitude to Dr. Baby Sebastian, Our research
guide for taking enormous pain and spending his precious time in supervising and providing with
valuable suggestions for the completion of this project work.
We would like to make this opportunity to express our gratitude to Dr. Reji Varghese,
Principal of St. George's College, Aruvithura.
We have greatly indebted to Dr. Baby Sebastian, Head of the department of Political
Science for his thought-provoking advice and recommendations.
We sincerely express our gratitude to our parents, friends, teachers and others who helped
us to fulfill this project work.
Our sincere thanks to God almighty for having showered all choicest blessing to complete
this work.
With regards,
Sangeetha P S : 190021020233
Place : Aruvithura
Date:
INDEX
Chapter 1
INTRODUCTION 1-5
Chapter 2
Chapter 3
Chapter 4
Chapter 5
CONCLUSION 42 - 46
BIBLIOGRAPHY
CHAPTER 1
1.1 INTRODUCTION
India is the world’s largest democracy, but it has been Subjected to a Collection of controversies
owing to the caste system. The caste system is a fundamental part of Indian culture, but this
system led to the subjugation of the ' lower castes' by the' higher castes. Thus, to improve the
situation of the lower castes, the government of India Introduced caste-based reservation in
government that provides equal opportunity to socially and economically backward citizens. In
reservation was only given to SCs and STs but was later extended to OBCs in 1987 after the
implementation of the Mandal Commission report. 1979. The Mandal Commission was
established by the Janata Party government with a Mandate to identify the socially or
eliminate the Practice of untouchability. January 9,2019 the parliament passes article 15
Amendment bill allowing 10% quota for poor in higher education and jobs. Reservation on
economic grounds will help in removing the disparities among various castes and creeds. The
Mandal Commission has developed eleven indicators of social, educational and economic
rd
backwardness. The Constitutional act of (103 Amendment) 2019 has Provided 10% reservation
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in govt jobs and educational Institutions for the "economically backward in the unreserved
Category. But caste-based reservation policy fails to recognize social backwardness as a fluid and
involving category, with involving globalization and urbanization Caseate royalties are
weakening and hence, new parameters to define social backwardness need to be identified.
afford and access his education and job for him or his family easily, he does not need the
protection offered by the reservation Policy. But in today's world the economically backward
people and lower caste may not be strong as wealthy people, so it is the poor who need such
protection. Irrespective of their caste. Reservation meant to prevent caste supremacy from out
light denying the less privileged from the backward classes and economically weaker sections of
the Society their right to learn and work together. A distinctive system which was conceived as a
temporary measure to bring all the community on one stand. With the passage of time, this
concept has become highly critical due to appeasement politics inherent in a country like India.
percentage of seats reserved for Scheduled Tribes (ST), Scheduled Caste (SC) Other Backward
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Classes (OBC) in education and employment. But this caste reservation encourages the caste
divisions among the communities. Its propagating the nation of caste-based society instead of
eliminating it. It gives a chance of creating more castes in the society. Poor people from the
forward castes still don't have any social or economic advantage over the rich people from the
backward castes. The marginalized section remains Marginalized. Then the point of the
reservation is against the idea of secularism and also violates the right to equality and other many
rights. The economically weaker sections of the society will be getting in jobs and higher
education. From a third person perspective.Reservation will no doubt benefit the needy
butcritically it also violates certain norms set by theapex court. It can be hoped that the apex
judiciary ccomes up with a rationale which best fits the currentneeds of the society.Spreading the
benefits of reservations as widely as possible: within the existing fframework and ensure that
individuals use their reserved category status Onlyonce in their lifetime.Focusing on basic skills:
It is important to recognize that future economic growth in India is goingto come from the private
Book by K S Chalom. It was originally published in 2007. This book provides a comprehensive
assessment of the impact of Caste-based reservation on human development in India, taking into
consideration the time series data. Caste based reservations and human development in India also
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analysis the impact of caste-based reservation on the target groups.
Book by Dhananjay Keer. It high light The importance of the role played by Ambedkar in
improving the conditions of untouchables. Ambedkar's Literature and more specifically his
thoughts on the constitution of India with reference to the clauses related to social reservations.
The methodology used in this study is Historical analytical descriptive method. The
research was based Secondary data. Reservation is one of the most controversial issues in India.
What should be the basis of Reservation and the subject of the study is here is whether is it
possible
To Study about the existing reservation system and to analyze how economic reservation
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To analyze how economic reservation helps in reducing inequalities among backward
classes.
DATA COLLECTION
The present study is based on secondary data and the various sources include Newspaper.
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CHAPTER 2
The term "Reservation" refers to the act of keeping back, with holding or setting apart.
Reservation act of setting limited conditions or with holding from the complete exposition. The
Reservation Policy exists in India before independence for uplifting the backward society in the
country. Reservation is offered educational sector, during recruiting for government jobs and also
for seats state in union and state assembly. This policy reserves a certain Percentage of seats in
government, educational institutions, government Jobs, and assemblies for backward class people
such as scheduled caste or scheduled tribes, other backward classes (OBC), and it also includes
women.
In India reservation policy is an age-old policy which is exist for ages. in ancient
India, there was a Practice of " untouchability", in other words, the lower- class community was
ignored in the caste system. The caste systems is also known as the "Varna system" and It is
divided into four jatis or classes i.e. in Brahmin, kshatriya, Vaishya, and Shudra. The Brahmins
and kshatriya fall under upper jati or class, mostly they were priests or scholars and rulers or
warriors or administrators respectively. The Vaishya jati is lower than Brahmins and Kshatriya,
who involves business activities, or they are artisans, agriculturist etc. There was another class
known as "Shudhras" or "Avarnas", they are untouchable and considered as impure in the
society. They are mainly labourers and bottom-line service providers. This community resides
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outside the village and they had given no social rights and also and also they were not allowed to
establish their Connection with the upper class community they were deprived of entrance into
temples , even they where not allowed to use Common lakes or rivers and wells etc. In Indian
constitution, these are provisions of reservation policy that helps to uplift backward class
Communities, such as Scheduled caste or scheduled tribes, Other Backward Classes (OBC) and
it includes women also. This Policy is against equality before law. That is every individual is
equal in the eyes of law but reservation policy helps to uplift backward class to such extent that
1. Pre-Independence scenario
1. In the year 1882, the idea of reservation policy based on the caste system was
2. In the year 1931, the round table conference was organized in London and its
chairman was British Prime minister Ramsay MacDonald. In this round table
conference, there were many Indian delegates of Different interest groups were
present. In this conference, an appeal a separate electorate was made Dr. B.R.
Ambedkar and other minority groups, but it was strongly opposed by Mahatma
Gandhi.
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3. In the year 1932, the communal award,(it made Provision for separate electorates
4. The communal Award was criticized by Mahatma Gandhi but it was strongly
5. In the same year, after a long negotiation, in the Poona pact, 1932 came into force
and it was signed by mahatma Gandhi and Dr. B. R Ambedkar. Poona pact, 1932
brought a single general electorate for each seat in British India with certain
reservations.
we can say it become stronger than the pre-independence era. Dr. BR Ambedkar was the
Chairperson of the Drafting Committee of constituent Assembly. Initially, while framing the
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constitution India , a reservation Policy was not included. After the independence of India in
1947 there were some major initiatives in favor of the STs, SCs and after the 1980s in favor of
OBCs ( Other Backward Castes) and in 2019 for poor in the general category. The country's
affirmative action Program was launched in 1950 and is the oldest such program in the world. A
common form of Caste discrimination in India was the practice if untouchability, SCs were the
primary targets of the practice, which was outlawed by the new constitution of India.
reserved for the SCs and STs in educational institutions with a Provision to relax minimum
qualifying marks for admission by 5% wherever required In 1982, it was specified that 15% and
7.5% . of in vacancies in Public sector and government aided educational institutes should be
reserved for the SC and ST candidates, respectively. In the year 1951, under Article 15 of the ,
Indian constitution clause (4) was added as a result of the Constitution ( First amendment) Act,
1951, the Reservation Policy for scheduled castes (SC’s) and schedule tribes (ST’s) was
introduced. Article 46 of the constitution states that " 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”.
A significant change began in 1979 the Mandal Commission or the socially and Educationally
Backward classes (SEBC) 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% In
1980, the Commission's Report recommended that a reserved quota for OBCs of 22% should
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apply in respect of services and Public sector bodies operated by union government. It called for
a similar change to admission to institutes of higher education, except where states already hard
more generous requirements. It was not until the 1990s that the recommendations where
implemented in union government jobs. In 2019 the government announces the 10% reservation
(103rd Amendment) in educational institutions government jobs for economically weaker section
After gaining independence, the depressed classes were given reservation and political
representation in both education and public employment. For Political representation, the system
of joint electorates continued. That is why out of the 543 Lok Sabha seats, 84 seats have been
reserved for the Scheduled Castes and 47 have been reserved for the Scheduled Tribes. On 26th
January, 1950 Constitution of India got enforced and established reservations policy in Indian
legal system that reserved seats in the field of education and legislation, to Scheduled Castes
(SCS) and Scheduled Tribes (STs). In 1953, Under Kaka Kalelkar the Backward Classes
Commission was set up that identified Oppressed Backwards Classes (OBCs). After which in
1955 a report was released. In 1955, The Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1955 got enforced. In 1962, Supreme Court of
India capped maximum reservations up to 50% which was held in the case M. R. Balaji and
Others vs State of Mysore[9]. In 1978, Mandal Commission sets up to determine quota for
backward castes. They proposed reserving 27% for OBCs. The power conferred in Article 340 of
the constitution helped the president to appoint the backward class commission, in December
1978 under the chairmanship of B. P. Mandal. The establishment of this commission was to
determine the criteria upon which the socially and educationally backwardness will be defined,
which will in turn, is going to help in the advancement procedure of this category. In 1989, Prime
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Minister B P Singh begins educational institutions to 49.5%. In implementing recommendations
that he got from Mandal Commission. In 1992, Apex Court upholds 27% reservation for OBCs
despite backlash, and held that reservations cannot exceed 50%, in the case of Indra Sawhney &
raising reservation in educational institutions to 49.5%. In 2019, this reservation went one step
ahead and granted 10% reservation to Economically Weaker Sections (EWS) as per 103rd
Constitutional Amendment, 2019. This brought the total share of reservations to almost 60%.
Prime Minister Narendra Modi while announcing this decision said, “The youths of the
economically backward sections in the General category would get 10% reservation in education
and government services, which would boost the morale of the New India”. The number of
backward castes in Central list of OBCs has now increased to 5,013+ (without the figures for
most of the Union Territories) in 2006 as per National Commission for Backward Classes.[3] In
October 2015, National Commission for Backward Classes proposed that a person belonging to
OBC with an annual family income of up to ₹15 lakhs should be considered as minimum ceiling
for OBC. NCBC also recommended sub-division of OBCs into 'backward', 'more backward' and
'extremely backward' blocs and divide 27% quota amongst them in proportion to their population,
to ensure that stronger OBCs don't corner the quota benefits According to Article 338B(5)[11] It
shall be the duty of the Commission to investigate and monitor all matters relating to the
safeguards provided for the socially and educationally backward classes 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; to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the socially and educationally backward classes; to
participate and advise on the socio-economic development of the socially and educationally
backward classes and to evaluate the progress of their development under the Union and any
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State; to present to the President, annually and at such other times as the Commission may deem
fit, reports upon the working of those safeguards; to make in such reports the 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 socially and educationally backward classes; and to discharge such
other functions in relation to the protection, welfare and development and advancement of the
socially and educationally backward classes as the President may, subject to the provisions of any
back ward, Scheduled castes, scheduled Tribes and other Backward groups are the three
Categories of backward people. The government of India has established a quota, system in
which percentage of positions in government and public and private educational institution. but
not in minority - run educational institutions, are reserved for the backward classes.
This system was created to help people who are behind the times.
Socially and educationally disadvantaged groups, as well as Scheduled Castes and scheduled
are also made available to Scheduled Castes, Scheduled Tribes for inclusion in India's
parliament.
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2.2 INDIA'S RESERVATION POLICY IN HISTORICAL CONTEXT.
India has evolved into a permanent machine that provides reservation to its
Citizens based on castes and faith, as well as social and educational backwardness, in order to
There have been some significant historical incidents in India's reservation policy they are:
1. When the British controlled India, there was a system of reservations in place.
2. In 1882, the Hunter commission was created and mahatma Jyoti Rao Phule
demanded free and compulsory education for all citizens, as well as government
jobs.,
Services for backward citizens. This was India’s first notification establishing a
4. Reservation was implemented in 1908 to benefit the castes and cultures that
5. The govt of India act, 1909, also known as the Morley Minto reform, maid
provision in 1909.
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6. The government of India Act, 1919, included provision for reservation in 1919.
44 percent.
reservation
9. The Government of India act: 1935, included provisions for reservation in 1935.
12. The first constitutional amendment was inacted to overturn the above-mentioned
13. The Kalelkar Commission was formed in 1953 to investigate the condition of the
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By the first constitutional Amendment Act., 1951. The Madras government had
reserved seats in state medical and engineering colleges for different communities based on faith ,
15 (1) of the constitution. The state defended the legislation, claiming that it was passed to
encourage social justice for all members of society, as required by Article 16 of the Society, as
required by Article 46 of the DPSP. The Supreme court declared the law reserving seats on the
Two Points must be decided in order to make a reservation under Article 15 clause (4):
uses the phrase the weaker Sections of the population, which the supreme Court has defined to
mean "all sections of the people who are made weaker due to factors such as poverty. and
physical and natural handicaps". In addition, Article 16(4) uses the phrase "backward classes of
citizen”.
Article 340, on the other hand gives the president the authority to
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disadvantaged. In 1953, the president of India, constituted the first backward classes commission,
which was chaired by Kaka Kalelkar, in accordance with Article 340 of the constitution the
commission may make recommendations to the federal and state governments on how to alleviate
the problems that the socially and educationally disadvantaged face. it was made with the
1. For the purpose of deciding the criteria on to be used in determining whether any
segment of the India population, other than SC and ST, is socially and
educationally backward.
2. For the purpose of studying the working Conditions of such groups and the gaps
3. For making recommendation to the union or any state about how to overcome
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CHAPTER 3
Reservation as subject in the Indian society is not a new one. It was running even from the pre
independence times. The Britishers for their colonies initially used this concept in the name of
welfare purposes but the main aim behind this was to control the power by dividing the
individuals for the personal interest i.e. the policy of DIVIDE & RULE. By the Government of
India Act 1909 and 1919, the British Empire allotted some reservation or quota for Muslims and
other minority classes in the administration according to the proportion of their population. From
this historical backgrounds, this doesn't means that reservation or quota system is a vice for the
Indian society but the importance of reservation was considered in welfare prospective by the
framers of Indian Constitution. This was felt that it is important to make certain provisions which
deals in the upliftment of poor and depressed classes. So in the part IV of the Indian Constitution
i.e. Directive Principles of State some provisions were made which works as guidelines for good
governance.
At the time of independence of India, the living conditions of backward classes specially of
SC's and ST's was so pathetic and in order to uplift them and help them to establish in the new
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institution and public jobs. But now after 59 years of independence ant reservation supporters feel
that now it is the right time to strike down the policy of reservation or at least lessens the
percentage especially in educational institution. Presently in almost all Universities and Colleges,
reservation is provided up to 50% and only 50% seats where left to the general category. With
backward classes, some more reservation given to the minority groups, women, handicapped,
This a very debatable issue that whether reservation should be provided in higher
educational institutes which produces the leaders and intellectuals who will governs the country.
Due to the quota system the reserved candidates preferred over the high merit candidates. In this
globalizing and technological period should these reservations be maintained as it is in the past?
On this issue different people have different opinion according to their individual interest. But
this thing was clear that with the time the reservation has been increasing. In the period of 60s
and 70s the reservations was only provided for SCs and STs but now after Mandal Commission
report the reservation percentage has increased.. By the Supreme Court Judgment in Indra
Sawhney's case, the creamy layer is excluded from the reservation but it doesn't work on SCs and
STs. To avoid the competition, the formula of forged documents for proving backward class
status is also prevailing. The State by its executive order provides reservation in the state
institutions as they want and also sometimes overturns the judicial decisions they repeatedly
make laws or amends the existing law as happened in the Tamil Nadu in 1994 by providing total
69% reservation and recently by UPA government by providing 27% reservation for OBC's in
Higher educations like IITs and IIMs. So in one line, from time to time the political party who are
in the power use reservation policy for their political interests. Also it is considered that the
higher institutions like IIMs, IITS produces the leaders who governs the country by their
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excellence and by reservation for backward classes in these types of institutions affects its
standards.
The reservation policy that we have been applying from past five decades
needs some changes. It is taken as a fact that these backward classes had exploited and
undermined from many thousand years and just 59 years of the independence is a very short
period to rehabilitate all the Backward classes but it doesn't means that those castes or
communities which gets the sufficient upliftment opportunities in various fields should be
favored for the reservation or quota especially in education prospective. From the 1st amendment
to till date no class or caste is considered to achieve the sufficient opportunities to survive but
with the time the list of Backward Classes is rising. Its sound so different that in one hand we talk
about the development of nation and on the other hand the list under reservation is rising day by
day.
There are many classes that really need the reservations in public jobs and
educations but in reality those people who attain the standard to live in a society mainly use
reservation policy. So the classification is based on the class legislation that primarily defeated
the object of reasonable classification. So the Concept of Equality and the Reasonable
Classification is not achieved properly. The classification must always rest upon some real and
substantial distinction bearing a just and reasonable relation to the object sought to be achieved
by the legislation. Now the time has arrived which calls to change the prospective of reservation
in the favor of really needed economic and poor backward classes by implementing the core
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economically weaker sections of the citizens and their reservation for admission to educational
institutions (including private institutions, aided or unaided by the State), whereas Clause 6 of
The explanation appended to the amended Article provides for the meaning of "economically
weaker sections" which shall be decided by the State from time to time on the basis of "family
income" and "other indicators of economic disadvantage". It is pertinent to note that the
reservations made for the economically weaker sections would be to a maximum limit of ten
percent, in addition to the existing reservations provided under the Articles and would exclude
the classes that have already benefited by way of the previous clauses of the Articles (i.e.
From 1970 to 1990s, the representation of SCs and STs has significantly increased. According to
the largest higher education Survey, this representation has further increased as well. However,
this increase can also be attributed to the good economic growth in India during the past few
decades . Despite the increase, it is important to note that the representation share of ST's is lower
than their seat reservation number. One of the most significant theory of criticism Petuning to the
aforementioned effect of reservation is that of the "Creamy Layer". According to this theory, the
SC's and ST's that do get reservation are better off in their own group, but their situation is not
better than that of general category people. Therefore, the ultimate aim of one constitution
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According to government data, there has been an increase in representation of
SC's and ST's in government administration . However, a fact to note here is that, SC's and ST's
do have representation but it is mostly in lower positions. Their actual representation is near their
representation quota only in group c and group d Category. Therefor, there is significant different
between the output and the outcome of this policy in this particular area. Low caste activism,
both have some basis in fact. Reservation has probably encouraged that tendency of Indian
Political debate to focus on the enlistment of groups rather than individuals, and on the
distribution of existing opportunities' rather than the creations of more opportunities. moreover,
the nearly exclusive focus on a single ascriptive trait , caste, necessarily creates situations where
the systems does not promote the broad Principle of fairness. There are many individuals from
non-listed groups who have access to only limited social educational opportunities, while there
are many others who are able to Produce caste and non creamy layer certificates despite having
access to very extensive social and educational opportunities. A few such "anomalies are
inevitable any system of social entitlements, but when they proliferate , threaten the legitimacy of
3.3 DISADVANTAGES;
1. Reservation can only benefit less than 1 percent SC's while creating and illusion that all
are benefited
2. Reservation are doing great Halm to the backward class for two reasons:
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a) They act as Psychological crutches to the backward class thus weakening then. In
other words , an impression is created among backward class youth that they need
not study and work hard because even without doing so they will get and admission
or a job
b) Reservations are reserving the policy of divide and rule of the political rulers, as they
3. Our politician use reservation for their vote bank Politics . So the real Purpose of
Reservation is not to benefit the SC's or OBCs but to benefit the Politicians.
4. Caste Reservation have further perpetuated the caste system, instead of helping in
destroying it.
eliminating it .
6. Chances of creating more castes in the society :- Poor people from the forward castes still
do not have social and economic advantage over the rich people from the backward castes
3.4 CHALLENGE
The Constitutional 103rd Amendment has been challenged by way of a petition filed in the
Supreme Court by a non-governmental organization named Youth for Equality and several
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others, on the ground that the amendment violates the basic structure of the Constitution and it
exceeds the capping of fifty percent as fixed for reservations by the Apex Court. It is argued that
the 103rd amendment is in violation of the basic structure because there is a contradiction in the
logic of the existing provisions of Article 15 and 16 and the amended provisions. Moreover, the
amendment provides for a ten percent economic reservation over and above the existing
reservations, which implies that the reservation would exceed the 50 percent capping as set up by
judicial precedents, because the present status of reservation quota has already reached 50
arbitrariness. The definition of "economically weaker sections" is arbitrary in the sense that it
does not specifically provide that of arbitrariness. The definition of "economically weaker
sections" is arbitrary in the sense that it does not specifically provide as to what constitutes 'other
indicators of economic disadvantage' and the definition is left to be determined by the state from
time to time.
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CHAPTER 4
REDUCING INEQUALITY
REPRESENTATION,NOTPOVERTY ERADICATION
Reservation policy has a long standing history in our country ever since the pre-independence era
and it was finally introduced in 1990 after going through the recommendations of the Mandal
Commission. The basis for bringing in such a policy was to ensure that the perceived backward
castes get equal opportunities for growth and development. And, since India was a country in
which social problems like 'untouchability' were deeply rooted, it was introduced to bring the
people belonging to backward castes into national picture by giving them ample opportunities, as
claimed by the government back then. As decades went by, this reservation policy was used by
political parties to appease minorities by giving them reservations which is quite evident by the
fact that, as of 2006 number of castes in backward castes have gone up to 2297 which is an
increase of 60% from the list originally drafted by the Mandal Commission.
There were quite a few decisions by courts which were overturned by the ruling government
through the amendment of laws and constitution in favor of a reservation system, which in turn
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paved the way for vote-bank politics. And, today if we say that Reservations scheme has worked
wonders for masses till now, it obviously means that they and their families do not need
reservation any more. And, if we say that our country is still poor in spite of reservations, then it
is very evident that the scheme has failed to achieve its purpose and needs to be reconsidered or
redesigned or scrapped. And to further analyze this scheme, it is questionable whether the people
who benefit from it actually deserve that position or a seat(s). In case of prestigious educational
institutes which require a certain degree of skill and excellence, these people just do not belong
there. This is why meritocracy should always be preferred over reservation. If people get what
they deserve then it is definitely a step in the right direction. Quotas and special scholarships in
education for backward groups have caused a lot of resentment amidst the а general applicants
who toil hard for extremely competitive spots in colleges cutting across different branches. This
has hampered the growth of our institutions and students because in spite of their talent and
India has lost its pace for development only because of the reservation policies as more
competent people were not offered the places which they deserved and many still feel that
reservation has divided people on caste lines Another flaw of this caste-based reservation is that it
will engender animosity toward backward groups as well as among the backward groups
themselves, whose main problem in some cases has been their own inadequacy combined with
their resentment of non-backward groups who without preferences, consistently outperform them.
In 2014, I feel there's no place for a caste-based reservation system. For a country which thrives
on its secular credentials, this system is an aberration to that widely accepted notion. The overall
benefits from this sort of an arrangement are probably limited and a very negligible minority has
benefited from it, according to a study of income data by caste in 2005-06. If a very small group
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succeeds within a predominantly disadvantaged group, should it continue to enjoy quotas from
the state? Rather than discussing the better implementation of the existing system, politicians
focus on extending this benefit to a new set of people thereby enhancing their vote bank
The fact is that India is a society in dynamic transition, where community identities are
blurring and individual consciousness is on the rise. And so, there is a need to either structurally
change or scrap this reservation policy. A reservation (if there's any) based on a financial position
of an individual is a better option than the prevailing one, especially when poverty has been an
issue for our country for the last many decades. Poverty is deeply infested in our country cutting
across all caste lines. It would benefit poor from the upper caste. This will make sure that all poor
people benefit, instead of people of just certain castes or religion or gender, some of whom might
actually be from a non-poor background. This scheme would eliminate almost all the limitations
of a caste-based reservation.
There is also a need to overhaul the existing education system, particularly in government
schools, where majority of classes belonging to reservation category are taught. If the quality of
education improves then there is no doubt that in future they (the reserved classes) will not
require any sort of a reservation quota because then they'll be able to compete with rest of the
to be amended. Article 15(4) empowers the state to make any provision for the advancement of
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any socially and educationally backward classes of citizens for the SC and ST tribe Article 16(4)
provides for the reservation of appointments of posts in favor of any backward class of citizens,
which in opinion of the State, is not adequately represented in the services under the state. The
term backward class of citizens has been generally understood to include the SCs and STs and
The new clause (6) to Article 16 allows the government to carve reservation for the
economically weaker sections of the society in higher educational institutions, including private
ones, whether they are added or not by the State. Minority educational institutions are exempted.
Likewise, the new clause (6) to Article 16 provides for quota for economically deprived sections
I. Article 340 & Article 46 of the Constitution # Article 340mandated that the government
identify 'classes' which were socially and educationally backward and implement
backward classes # Article 46of the Constitution, a Directive Principle of State Policy
urges the government to protect the educational and economic interests of the weaker
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Kalekar and Mandal committee The first backward class committee was
to be felt today.
THE PROBLEM
Currently, the Supreme Court has put an upper limit of 50% on quota limit. The 10
per cent reservation for economically weaker upper castes will be over and above the existing 50
per cent reservation. Any reservation beyond the 50% limit would have required the government
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INDIRA SAHNEY CASE
A nine judge bench in the case of Indira Sahney v. Union of India [4] had struck
down a provision that embarked for 10% reservation for the economic reservation for the
economically backward on the ground that economic criteria cannot be the sole basis to
determine backwardness. Any attempt to amend the constitution to extend what is limited to the
The majority holds in para 799: "It follows from the discussion under Question No. 3 that a
backward class cannot be determined only and exclusively with reference to economic criterion.
It may be a consideration or basis along with and in addition to social backwardness, but it can
never be the sole criterion. This is the view uniformly taken by this Court and we respectfully
agree with the same." Such an Amendment is hence, vulnerable and ought to be struck down as
it merely negates a binding judgment. Continually, this Hon'ble Court has upheld the quality
code as one of the primary basic features of the Constitution. In some landmark cases like
Maneka Gandhiv. Union of India [5]; I.R.Coelho v. State of Tamil Nadu [6] and Shayara
Bano and others v. Union of India [7], the value of equality has been repeatedly emphasized to
ensure that equals are not treated unequally. By way of the present amendments, the exclusion of
the OBCs and the SCS/STs from the scope of the economic reservation essentially implies that
only those who are poor from the general categories would avail the benefits of the quotas. Taken
together with the fact that the high creamy layer limit of Rs.8 lakh per annum ensures that the
elite in the OBCs and SCS/STs capture the reservation benefits repeatedly, the poor sections of
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II. The 50% ceiling limit cannot be breached The Hon'ble Court, speaking through the
Constitution Bench in the case of M.Nagaraj Vs. Union of India &Ors.[8] upheld the
Constitutional validity of Article 16(4A) and the proviso to Article 335 in the following
words: “We reiterate that the ceiling-limit of 50%, the concept of creamy layer and the
administrative efficiency are all constitutional requirements without which the structure
Karnataka[10] and P.A. Inamdar v. State of Maharashtra[11] make it clear that the
they are not receiving any aid from the State, they can have their own admissions
Articles 19(1)(g) and 29(2), it remains completely silent on Article 14, which right
protects the citizens from manifestly arbitrary State action. The majority in Shayara Bano
has specifically held manifest arbitrariness as a facet of Article 14. Hence, the effective
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of Article 14 of the Constitution on plain terms and also of the basic features of
On these and other grounds, including the undefined "economically weaker sections" as
well as the ambiguous "State" that would define it, the impugned Amendment ought to
be quashed with the same being stayed pending the disposal of the present Petition.
POSITIVE ASPECTS
In light of this amendment. The economically weaker sections of the society will
be getting in jobs and higher education. From a third person perspective, reservation will no
doubt benefit the needy but critically it also violates certain norms set by the apex court. As of
now, two PILs have been filed in the Apex Court Regarding the violation of doctrine of basic
structure of the constitution with this amendment. The first hearing was on 28/03/19, 2ndon
8/04/19 and the date is now shifted for final hearing on 2/05/19.[12]it can be hoped that the apex
judiciary comes up with a rationale which best fits the current needs of the society.
framework and ensure that individuals use their reserved category status only once in their
lifetime. This would require that anyone using reservations to obtain a benefit such as
college admission must register his/her Aadhar Number and he/she would be ineligible to
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2. Focusing on basic skills: It is important to recognize that future economic growth in India
is going to come from the private sector and entrepreneurship. In order to ensure that all
Indians regardless of caste, class and religion are able to partake in economic growth we
must focus on basic skills. We need to focus on reducing inequalities where they first
3. Bringing reforms and modifications: Reservation system was developed in a different era
that we have not had the time or the inclination to think about its success or to examine
races and practice different beliefs. Dividing people on the basis of caste was embedded in our
culture from the time immemorial. The belief that a certain section of people will pursue a certain
standard of living has always bothered the educated minds of the nation. So, the caste based
system was devised as a means for affirmative action which would help people oppressed by
conventional caste system to break it's shackle by ensuring representation and positive
The Constitution of India hence pertaining to the said issue has provided
certain fundamental rights under Article 15 and Article 16 and Directive principles of State
policies under Article 46 for the protection of the socially principles of State policies under
Article 46 for the protection of the socially backward class (SC/ST/OBC) of people. Today
several educational institutions and jobs have reserved seats for the upliftment of these socially
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backward classes of people. But the main question which arises here is that whether these
reservations actually solve the purpose and develop the nation. Dr. B.R. Ambedkar gave up the
right to a separate electorate on condition that Dalits and Tribals would be offered full
citizenship. Reservation was only one of the policy instruments which was devised to aid them in
providing full citizenship. Considering the current scenario, we can analyse how far the Country
has moved in that front. It has been seen that it is not only the Backward class people but also
other general people who have trouble in getting the full citizenship. Thus, at many levels it
general people who have trouble in getting the full citizenship. Thus, at many levels it can be
concluded that it's ethical and intellectual basis flows from different politics than mere welfare-
ism. Hence keeping pace with the modern time it is not sensible to put the society in the same
POLICIES
Economic reservation might sound like a a good idea but what should be
highlighted in here is the purpose of reservation. Reservation is the extra effort the government
puts on some classes of people to make up for the deficiency of opportunities that they had faced
People need time for their development and it is the government's duty to take proper steps so
that the marginalized sections are not left behind while the entire nation moves ahead.
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Caste based reservation tries to uproot the long standing social stigma from the heart of
the society. These minorities had to face severe backlashes from the rest o the people and
this in turn had led to the economic shortcomings. The Indian society even in this present
era is heavily biased on the caste one is born into. From the very beginning the caste is
stamped and the minority groups are heavily discriminated against. Thus we can see a
clear connection between caste and the socially backwardness. Thus only the continuance
and effective implement of caste constructed reservation can render our society free from
such distinctions.
The present reservation policies try to strike both caste and economically weaker sections
and the creamy layer consists of a minuscule population. The constant argument of a
creamy layer taking away all sorts of unfair advantages is completely skewed. This is
because such a population can be very well neglected when we compare the entire
neglected when we compare the entire minority group lagging behind. Every policy no
matter what will have to deal with one or the other shortcomings. This is no valid reason
This also addresses the social inequalities that exist at the core of this society. Caste based
reservation is the answer to bringing the long repressed class into the mainstream. They
have been actively neglected and their needs and wants have been completely ignored for
a very long time. They have suffered generations after generations and the opportunity
that they need to stand at par with the rest of the society has to be guaranteed. A country
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cannot move forward when most of its tribal people are lagging behind. Thus is it not just
for the community but for the overall development of the country.
Social inclusion will come only if there is caste based reservation because empowering
the backward section of the society with proper education and jobs empowering the
backward section of the society with proper education and jobs will ensure a better
lifestyle. Betterment isn't the matter of a few years. The majority of our population needs
time to develop on their own. Poverty eradication will take some time and the patience of
our people should not dry away. They deserve such reservations in their favor to
People from marginalized classes may not have adequate educational qualification to even
apply for government jobs and it is a duly of the government to reserve some of its seats
for people of the deprived section of the society. We cannot expect the socially backward
classes to wake up one fine day and have an adequate educational base required for
applying on a post that requires some minimum qualification criteria. That definitely
Without ample financial aid in various manners, economic upliftment is difficult. Only if
the government ensures for the marginalized section of the society certain benefits, they
will be able to come at an equivalence with the mainstream. Benefits in the sectors of
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education, employment are some basic features that must be ensured for overcoming the
long ignored shortcomings. There ought not to be a question of merit because, we will
never know where the reserved category would have reached had they been given similar
prospects and reliefs that most member of the general category relishes.
fruitful to draw our attention to the fact as to why reservation should exist at all. It is to promote
the rapid growth and development of that section of the society that has been lagging behind as
compared to the majority of the population. The system as is followed today keeps caste i.e. a
birth of a person to a a specific caste, to be the sole criteria as to why there should exist positive
discrimination against them. Caste centric reservation destroys the importance of excellence.
Reservation ought to be for the poor and underprivileged and should not include within its
ambit the advantaged class of the minority communities. This generates a massive
sharing the same classroom, enjoying the same set of social functions and having similar
economic standards should share the same privileges and one shouldn't get an undue
advantage based on the caste he or she is born to. Caste is anyway a societal construct
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The gap between the rural and the urban sectors could be lessened and brought to a
uniformity if the poor section which in large numbers resides in our villages are given
appropriate chance to develop Even more prominently the economically weaker section of
People from developed financial group would stop getting the undue advantages that is so
prominent these days. There is absolutely no substance as to why a child of an IAS officer
should get the benefit of reservation. It is unjust to the youth of the nation at large.
The rush for the minority certificates to get the advantages is at a steep rise. Economic
reservation is the only possible way to curb it. So the bank accounts will speak and not the
piece of paper which stamps you as an appropriate candidate for the policy schemes.
Caste based reservation has anyway failed to bring the minorities into the position that
had been dreamt of by our forefathers at the introduction of the caste based positive
discrimination. There still exist in large numbers crimes against the minorities even after
so many years of independence. It proves that caste based reservation is of no good in the
progress of the socially backward class of the society. Thus there is an immediate need to
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Education will thus hold a rich position in the country rather than caste. With education a
lot of social stigmas will breakdown into pieces which in turn will help solve the caste
distinctions and the crimes that are committed in the name of caste.
which has now been stretched so far and the undue advantages are generated in the form
of vote banks and unfair advantages to an already developed class. Reservation for the
neglected was meant to be removed with proper development of that class of people but
its affectivity is so poor that development of these people are still a far-fetched idea.
Caste centric unrest in the society owes a great deal to such unjust reservation policies.
The poor people from the general category have started viewing themselves as the victim
of the system due to lack of seats in the government institutions; and the easiest targets
have been the poor deprived class who hardly ever had anything to say about the existing
system at all.
Even after so many policies at work, the discrimination and atrocities against the
minorities are at a rise. News reports are a witness to the failure of such existing policies.
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The deprived class of the society irrespective of the caste they belong to deserves to get
policies in their favor so as to bring them at par with the rest of the society. Economy
places a major role in the development of individual families as a unit of the society.
The creamy layer ought to be prevented from taking undue advantages generations after
generations.
A quick glimpse through the points tell us, that the economically weaker sections,
for the benefit of whom the reservation policy first came into picture will still derive the
assistance of the economic reservation. It is only the already advantaged class that is to be
removed from the getting its benefits. Now this approach mainly solves two major problems.
Firstly, the poor who are in dire need of advancement and government resources will be the ones
who actually receive it and secondly, the undeserved class who has been filling their own pockets
through such schemes will be prohibited from continuing this any further.
This approach it seems is not taken into consideration because it isn't healthy for
the vote banks. The moment such a scheme is introduced a major part of the poor section will
start revolting even though their interests are not at stake, but the strong instigation from the rich
and powerful who would no longer derive unfair and undue advantages.
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CHAPTER 5
5.1 CONCLUSION
reserved and the unreserved categories of the citizens. The former supports the system while
latter criticizes it with logics of multiple amplitudes. Observing from a neutral perspective it can
be stated that although reservation is needed for the country but at the same time there is a need
to create a system which supports affirmative action more than appeasement politics. The
purpose should connect the needy to the mainstream. India is a rapidly growing economy; any
negative aspect of reservation should not serve as a hurdle for its development. As it is said that
the law is the public conscience, the faith of the people is upon the apex judiciary which will
The Indian Constitution's framers had taken into consideration the prevailing situation
that negatively impacted the country's equality at the time of drafting the Constitution. There
were a significant number of underprivileged groups of people who have encountered social
inequality in the garb of the caste system for many years, and members of those so-called lower
classes require appropriate social representation. Therefore, attempts were made to equalize these
disadvantaged sections with the other sections of the community by reservation policy, which is
poverty remains an obstacle to achieving equality and there is considerable inequality among
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citizens of different economic statuses. Therefore, through economic reservations, the
Government has taken a step forward in eradicating this form of discrimination a means of
The reservation scheme has also caused controversy between citizens in the reserved
and unreserved groups. The former supports the system while the latter criticizes it with multiple
logics. From a neutral viewpoint, it can be argued that while quotas are required for the region, at
the same time a program needs to be developed that promotes affirmative action rather than
appeasement policies. India is a fast-growing economy; any negative factor of the reservation
should not act as an obstacle to its growth. As it is said that the law is the public conscience, the
people's trust is on the top of the judiciary that will deliver the best possible outcome for this
dispute.Reservations often produce too much conflict but yield only marginal gain. The bill's
practical consequences would not be that important as it will make millions fight for those
hundred jobs that are just what is happening today. It is high time governments understood that
the solution to their depressed population is not a reservation but rather job creation.
The framers of the Indian Constitution, at the time of drafting the Constitution had
kept in mind the prevalent state of affairs that adversely affected the equality of the country.
There were a large number of under-privileged sections of people who experienced social
discrimination through centuries under the garb of caste system and the members of such so-
called lower classes required an adequate representation in the society. Efforts had, thus, been
made to bring these weaker sections at par with the other sections of the society through the
in the Constitution. With the changing times, caste no longer can be the sole criterion for
detecting socially backward classes because some of them have achieved economic status,
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thereby finding a social standing as well. However, even today poverty still remains a barrier to
attaining equality and there is a significant discrimination between the people of a different
economic status.
The Government has thus by means of economic reservations taken a step forward to
the objective with which this bill is passed strictly, then we find that it is a decision. Even though
social inequality is an affliction our society has been going through for many years now due to
the Long history of untouchability, its high time we economic inequality as a cause hurdles and
precariousness to a lot of . It's true that the economically backward sector will benefit from this
Legislation, however it can't be ignored that the act violates various norms set by the apex court.
There has been quite a lot of fiasco around the topic of reservations. There are people who
support it, and then there are some who do not. PIL has been filed in the Supreme Court
challenging the constitutionality of this act. Now it is to see how the Supreme Court inds a
balance between the goals that this act aims to achieve and the plethora of violations.
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 o, 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
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should be done away with, as soon possible.
After taking all the consideration into the account mentioned above, the
output comes even though the government introduced reservation for Economically Weaker
Sections to uplift the people who are economically poor, the legislation still remained to be
influences all the classifications with the exception of the Economically Weaker Sections by
contracting the serious pool available to them. Observationally, it doesn't appear to be legitimate
as applicants from Economically Weaker Sections are as of now all around spoken to in higher
ensure equality & justice and to eliminate discrimination. It is this political propensity that Dr.
B.R. Ambedkar cautioned earlier about the exploitation of the reservation policy. It would nullify
the first point of conceding reservation as imagined by the establishing fathers of our constitution,
The reservations based entirely on economic criteria is not a perfect solution but the
need of the hour is to fix a time period for scrapping the reservation system rather than extending
it to eternity. The concept of reservation on being upgraded and extended even though it has a
positive impact on the students belonging to EWS category it still negatively impacts the
meritorious students on their fair opportunities. Reservation benefits should also be regulated
maybe like restricting the benefits only to the first two children’s of the family without
considering the number of children they have or maybe restricting the reservations only till the
undergraduate program and further educations should be based on the merits and not based on the
reservations or at least there must be an way to identify the first generation learners and
extending up to two generations, The reservations should be regulated to make sure that
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opportunities are being fairly given to all the meritorious students despite their social/economic
conditions and by this way the quality of the students will be increasing.
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BIBLIOGRAPHY
Books
2. Roshan Kishore, Quota for Economically Weak in General Category could Benefit 190
4. 10 % quota for economically weak sections to bring social equality: Govt (2019, April 11).
5. Caste or Economic Status: What Should Base Reservations On? Economic & Political
Weekly.,2019.
Singh &Associates .
Website
https://www.legalserviceindia.com
https://qrius.com
https://thewire.in
https://www.epw.in
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