ST.

GEORGE'S COLLEGE ARUVITHURA

DEPARTMENT OF POLITICAL SCIENCE

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.

Name Register No Signature

Ansu Abraham : 190021020230

Afiya Nizar : 190021020196

Sangeetha P S : 190021020233

Vinaya Murali : 190021020234

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.

Name Register No Signature

Ansu Abraham : 190021020230

Afiya Nizar : 190021020196

Sangeetha P S : 190021020233

Vinaya Murali : 190021020234

 ST. GEORGE'S COLLEGE ARUVITHURA
DEPARTMENT OF POLITICAL SCIENCE

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.

Cyril Simon Prof. Dr. Baby Sebastian

Supervising Teacher Head of the Department

Internal Examiner External Examiner

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.

Name Register No Signature

Ansu Abraham : 190021020230

Afiya Nizar : 190021020196

Sangeetha P S : 190021020233

Vinaya Murali : 190021020234

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,

Name Register No Signature

Ansu Abraham : 190021020230

Afiya Nizar : 190021020196

Sangeetha P S : 190021020233

Vinaya Murali : 190021020234

Place : Aruvithura
Date:
 INDEX

CONTENT PAGE NO.

Chapter 1

INTRODUCTION 1-5

Chapter 2

THE EXISTING RESERVATION POLICIES IN INDIA 6 - 17

Chapter 3

THE NEED OF CHANGING EXISTING

RESERVATION SYSTEM IN INDIA 18 - 24

Chapter 4

ECONOMIC RESERVATION: AN ALTERNATIVE

FOR REDUCING INEQUALITY 25 - 41

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

governmental jobs and educational Institutions, Reservation is a system established by

government that provides equal opportunity to socially and economically backward citizens. In

India, It is governed by government policies backed by the Indian constitution originally

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

economically backward classes of India.

After independence, the reservation Policy has helped the nation to

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.

Reservation should explicitly include economic criteria. A wealthy person can

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.

1.2 STATEMENT OF THE PROBLEM

Economic reservation in India: A Panacea or A Mirage

1.3 SIGNIFICANCE OF THE STUDY

At present in India there are reservations on Caste basis. There is a Particular

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

sector and entrepreneurship bringing reform and modification.

1.4 REVIEW OF LITERATURE

First work as per reservation in human development in India.

Caste based Reservation and Human Development in India

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

Page | 3
analysis the impact of caste-based reservation on the target groups.

Dr. Ambedkar: Life and Mission

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.

1.5 METHODOLOGY OF THE STUDY

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 replace Caste based reservation with economic-based reservation. If caste

discrimination is gradually eliminated, reservation on the basis of economic status will be

possible

1.4 HYPOTHESIS / OBJECTIVES

 To Study about the existing reservation system and to analyze how economic reservation

helps to make it an effective system.

 To study about the need of reservation in India.

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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.

Journals, Website, and Reports etc.

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 CHAPTER 2

2.1 THE EXISTING RESERVATION POLICIES IN INDIA

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

they become equal among others and treated equally .

2.1 HISTORY OF RESERVATION POLICY IN INDIA

1. Pre-Independence scenario

1. In the year 1882, the idea of reservation policy based on the caste system was

conceived by William Hunter and Jyoti Rao Phule.

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

for Hindu, Muslims Sikhs, Christians, Anglo-Indian’s, , Europeans, and Dalit

communities) was presented , by British Prime minister Ramsay MacDonald

4. The communal Award was criticized by Mahatma Gandhi but it was strongly

favored by Dr. B. R Ambedkar and other minority groups. As a result, Mahatma

Gandhi went on a Hunger strike against this award

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.

2. Post – Independence Scenario

After independence, the Scenario of reservation Policy was changed or

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.

In 1954, the ministry of Education suggested that 20 % of places should be

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

Page | 9
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

of the general category.Post-independence developments: The best way to understand the

postindependence development in the Reservation Policy is by using a chronological method.

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

Page | 10
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 &

Others v. Union of India[10]. In 2006, Ministry of Human Resource Development proposes

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

law made by Parliament, by rule specify.

There are two types of reservation in our Indian Constitution:

1. Reservations in admissions to educational institutions.

2. A reservation in posts and appointments in government office

India's population was largely, economically, educationally, and politically

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

tribes, are underrepresented in government programs and educational institutions. Reservations

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

garner the most votes.

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.,

3. In the state of Kolhapur notification in 1903 established a 50 % reservation in

Services for backward citizens. This was India’s first notification establishing a

quota for the welfare of backward people.

4. Reservation was implemented in 1908 to benefit the castes and cultures that

played a role the administration under British rule.

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.

7. In 1921, the Madras presidency issued a government order granting on brahmins

44 percent.

8. Anglo Indian Christians have a 16 % quota, while scheduled caste have an 8 %

reservation

9. The Government of India act: 1935, included provisions for reservation in 1935.

10. Our Indian constitution went into effect on January 26,1950 .

11. Infringes On India’s Constitutions, Article 15 (1)

12. The first constitutional amendment was inacted to overturn the above-mentioned

decision and provision of Article 15.

13. The Kalelkar Commission was formed in 1953 to investigate the condition of the

socially and educationally disadvantaged .

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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 ,

Ethnicity and castes in this case.

This was challenged in court because it was found to be in violation of Article

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

basis of religion, race and caste to be null and void.

Two Points must be decided in order to make a reservation under Article 15 clause (4):

1. who are the socially and educationally backward classes?

2. what is the reservation limit?

The term backward classes is no specified in the Indian Constitution Article 46

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”.

The Commission for the backward classes was formed first:

Article 340, on the other hand gives the president the authority to

create a commission to investigate the circumstances of the economically and educationally

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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

following goals in mind:-

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

that exist between them.

3. For making recommendation to the union or any state about how to overcome

obstacles and improve economic conditions.

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 CHAPTER 3

3.1 THE NEED OF CHANGING EXISTING RESERVATION IN INDIA

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

environment, government provided them quota or reservation facilities specially in educational

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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,

state quota etc. in the Universities.

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

concept of social welfare and social justice system.

The amendment to Article 15 of the Constitution relates to advancement of

Page | 19
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

Article 16 relates to reservation of economically weaker sections in case of public employments.

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.

Scheduled Castes, Scheduled Tribes and Other Backward Classes).

3.2 IMPACT OF RESERVATION POLICY ON THE REPRESENTATION

OF LOWERCASTE COMMUNITIES IN VARIOUS SECTOR.

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

makers is not getting fully fulfilled in this Particular area.

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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

the system in a fundamental way.

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

create animosity between SC, ST, OBCs and upper Castes.

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.

5. Encouraging casteism:- It is Propagating notion of caste-based study instead of

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

percent. Another argument of challenging the constitutionality of the amendment is that of

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

ECONOMIC RESERVATION: AN ALTERNATIVE FOR

REDUCING INEQUALITY

4.1 RESERVATION IS ABOUT ADEQUATE

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

ability they are unable to gain the desired results.

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

classes on the same page.

4.2 NEW CLAUSES TO ARTICLE 15 AND ARTICLE 16

Article 15 (Prohibition of Discrimination) and Article 16 (equality of opportunity) was needed

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

Socially Educationally Backward Castes (SEDBCs).

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

in the initial appointment in government services

4.3 INITIATIVES IN THIS AREA: ECONOMICALLY BACKWARDNESS

I. Article 340 & Article 46 of the Constitution # Article 340mandated that the government

identify 'classes' which were socially and educationally backward and implement

measures to remove such difficulties so as to improve their conditions. # Also, Article

340(1) provided for the appointment of a Commission to investigate the condition of

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

sections of the society.

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  Kalekar and Mandal committee The first backward class committee was

appointed under Article 340(1) in 1953 under the Chairmanship of

Kaka Kaheb Kalekar. The commission was set up to determine the

criteria to identify people as socially and educationally backward

classes, and to recommend steps to improve their conditions. In its

report, he commission interpreted the term "socially and educationally

backward classes as relating primarily to social hierarchy based on

caste" Second backward committee was appointed in 1978 under BP

Mandalto review the state of backward classes. This report

recommended 27.5% reservation in government jobs for OBCs stirring

a hornet's nest in North Indian Politics, will ramifications that continue

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

to get a constitutional amendment passed in Parliament. Hence, articles 15 and 16 of the

Constitution are amended for implementation of the decision.

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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

socially and educationally backward to those economically weak is problematic.

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

these categories remain completely deprived.

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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

compelling reasons, namely, backwardness, inadequacy of representation and overall

administrative efficiency are all constitutional requirements without which the structure

of equality of opportunity in Article 16 would collapse." In Para 104, the Court

specifically states that "As stated above, be it reservation or evaluation, excessiveness in

either would result in violation of the constitutional mandate."

III. Imposing reservations on unaided institutions is manifestly arbitrary Both the

Constitution Bench judgements in T.M.A. Pai Foundation and Ors. V. State of

Karnataka[10] and P.A. Inamdar v. State of Maharashtra[11] make it clear that the

State's reservation policy cannot be imposed on unaided educational institutions, and as

they are not receiving any aid from the State, they can have their own admissions

provided they are fair, transparent, non-exploitative and based on merit.

While the impugned amendment attempts to overcome the applicability of

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

nationalization of unaided institutions to the extent of economic reservation is violative

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 of Article 14 of the Constitution on plain terms and also of the basic features of

autonomy and equity.

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.

Following are the available alternatives:

1. Spreading the benefits of reservations as widely as possible: Within the existing

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

use reservations for another benefit for instance job in future.

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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

emerge within primary schools.

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

possible modifications. The system economic thus deserves serious re-evaluation.

India is a country of diversity. People in this country come from different

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

discrimination in the then dominant public sector.

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

skeleton of reservation as it was sixty years back.

4.4 DISADVANTAGES OF CASTE CENTERED RESERVATION

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

for an extensive period.

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

as to why the policy should not exist at all.

 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

compensate for the lost chances.

 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

would be great but unfortunately, cannot be a reality.

 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.

4.5 WHY ECONOMIC RESERVATION SHOULD SOON TAKE UP THE

PLACE OF CASTE FOUNDED RESERVATION?

In order to understand the advantages of economic reservation it would be

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

difference between similar classes of people of two different communities. Students

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

which was a tool to oppress the majority of the population.

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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

the urban population will duly benefit from such a scheme.

 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

change the way reservation works.

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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.

 This policy of caste based reservation was supposed to be a temporary establishment

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

The system of reservation had always initiated a conflict between the

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

come up with the best possible outcome for this conflict.

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

considered constructive defensive discrimination introduced in the Constitution. However,

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

achieving equality within the country.

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

policy of reservations, which is considered as a positive or protective discrimination implemented

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

eradicate this form of discrimination as a means to achieving equality in the nation. If we go by

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

challenging on account of various constitutional and judicial grounds. It antagonistically

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

education institutions. The introduction of reservation was implemented as an instrument to

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,

that of revising the antagonistic impacts of the caste system.

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

1. Thomas Piketty, Consider Income-Based Reservations in India,2015.

2. Roshan Kishore, Quota for Economically Weak in General Category could Benefit 190

MN, Hindustan Times,2019.

3. M.P. Jain, Indian Constitutional Law,2016.

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.

6. India: Economic Reservations: Constitutional Challenged. (2019, Marc ). Mondaq by

Singh &Associates .

Website

 https://www.legalserviceindia.com
 https://qrius.com
 https://thewire.in
 https://www.epw.in

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