An Evaluationofthe Reservation Systemin India

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An Evaluation of the Reservation System in India
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International Journal of All Research Education and Scientific Methods (IJARESM), ISSN: 2455-6211
Volume 11, Issue 3, March-2023, Impact Factor: 7.429, Available online at: www.ijaresm.com
An Evaluation of the Reservation System in India

Dr. G. Yoganandham1, Mr. A. Abdul Kareem2, Mr. E. Mohammed Imran Khan3,
Mr. G. Elanchezhian4
1
Professor & Head, Department of Economics, Thiruvalluvar University (A State University), Serkkadu, Vellore District,
TamilNadu, India-632115
2,3,4
Ph.D., Research Scholar, Department of Economics, Thiruvalluvar University (A State University ) Serkkadu, Vellore
District, Tamil Nadu, India – 632 115
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ABSTRACT
In India, the reservation system was established to uplift the people and give them their rights; it has been
effective in promoting social equity and upward mobility. However, t hose from disadvantaged communities
still face barriers to social mobility. The scholarly community has not yet shown interest in studies on sub -
quota within quota. The opportunity to participate equitably and be represented in politics or the educational
system is provided by a reservation system. It was established as a consequence of the long -standing social
structure with the intention of advancing the people and securing their rights. It is specifically mentioned in
the Indian Constitution's Articles 15(4), 15(5), and 15(6). The history of India's reservation policy begins with
the exclusion of the untouchable Brahmin, Kshatriya, Vaishya, and Shudra classes from society. The Supreme
Court of India recently rejected the Maharashtra State Reservation for Socially and Educationally Backward
Classes (SEBC) Act, 2018. The current reservation scheme in India is covered in this article. Reservations
ought to be tailored to the requirements of various communities and only given to people who truly need
them.
The untouchable castes are the most oppressed due to unequal and hierarchical privileges in Indian society,
which is characterized by systemic inequality and discrimination. This research provides a well -organized
analysis of theories and points of view by conceptualizing, explaining, and simulating the interactions between
a subject and its environment. It reviews literature in the relevant areas and draws information from
secondary sources. In order to analyze the nature and dynamics of social and political mobilization as well as
the function of political parties, this paper looks at the present reservation system in India and Tamil Nadu.
The Theme of the Article

A reservation system gives those who are less fortunate the chance to participate equally and be represented in
politics or the educational system. In English, it refers to granting underprivileged individuals access to educational
schools, governmental positions, or the legislative branch. Affirmative action strategy is another name for it. A
reservation system gives those who are less fortunate the chance to participate equally and be represented in politics
or the educational system. In plain English, it refers to granting underprivileged individuals access to educational
schools, governmental positions, or the legislative branch. Affirmative action strategy is another name for it. The
reservation system in our nation was founded as a result of the long -standing social system. The system's primary
goal is to elevate the populace and grant them their rights. This system's goal is to provide reservation for the
development of Scheduled Castes (SC) and Scheduled Tribes (ST), as well as for any socially or educationally
underprivileged classes or Economically Weaker Sections (EWS) of our country. Articles 15(4), 15(5), and 15(6) of
the Indian Constitution explicitly mention it. Additionally, Articles 16(4) and 16(6) of the Indian Constitution
mention the need to give the economically disadvantaged or members of the lower classes sufficient represen tation,
as well as the need to give everyone a level playing field regardless of caste.
Statement of the Problem

India's reservation strategy dates back many years. The origins can be found in prehistoric India. The caste system, which
included the untouchable Brahmin, Kshatriya, Vaishya, and Shudra groups, used to separate society. The Shudras belonged
to the lowest caste, while the Brahmins adhered to the highest. They were handled horribly and were viewed as polluted
and unclean. The Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018,
which grants the Maratha Community reservation in public jobs and education, was recently overturned by the Supreme
Court of India.
IJARESM Publication, India >>>> www.ijaresm.com Page 218

They had to reside outside the village because they were rejected by society. They possessed no privileges, as well. They
were deemed impure even in their own shade. Ancient Indians were living in this circumstance. To grant these people
rights, the Reservation policy was thus established. The Preamble of the Indian Constitution makes equality for all very
obvious. In order to better the lives of the Shudras and provide them with equitable rights, opportunities, and treatment with
everyone else, India's reservation system was established. This article will discuss India's present reservation system.
The reservation system in our nation was founded as a result of the long-standing social system. The system's primary goal
is to elevate the populace and grant them their rights. This system's goal is to provide reservation for the development of
Scheduled Castes (SC) and Scheduled Tribes (ST), as well as for any socially or educationally underprivileged classes or
Economically Weaker Sections (EWS) of our nation. Although some wealthy groups use the reservation strategy for
SCs/STs, it has been successful. Tamil Nadu passed legislation in 2009 establishing a separate 3% Arunthathiyar
reservation for admission to educational schools and government jobs. Poorer segments of the populace have benefited
from social justice and upward mobility thanks to the SC/ST reservation policy. Although the Indian Constitution
guarantees all citizens equal rights and chances, there are still obstacles to social mobility for those from disadvantaged
groups. The implementation of government policies and programs is intended to improve the upward mobility of
underprivileged populations.
The current researcher learned from the examination of the literature that studies on sub-quota within quota have not yet
attracted the interest of the academic community. Analysis of the reservation system's effects on Tamil Nadu's population
growth is thus required. Considering the foregoing, the primary objective of this work is to provide a theoretical evaluation
of the process of reservation system in India and Tamil Nadu with reference to population growth, unemployment,
resource scarcity, inequality, and poverty in order to promote human growth in the globalised world with the help of
secondary sources of information and statistical data. The study paper raises a significant, urgent, and timely issue that is
relevant from a social, political, and economic viewpoint. The research article's topic is immediately clear from the title
alone and is taken seriously.
Objectives of the Article

The primary objective of this paper is to examine the current reservation system in India and Tamil Nadu. The specific
objectives are,
 To analyse the nature and dynamics of social and political mobilisation among the disadvantaged, as well as the
role political parties play in community political organising in Tamil Nadu, and study the rationale for distinct
reservations.
 To assess the pros and cons of reservation policies for SCs/STs, Arunthathiyars, Vanniars, Muslims, and
Christians in Tamil Nadu.
Methodology
Indian society was divided into castes with unequal and hierarchical privileges under brahminical Hinduism, with the
untouchables experiencing the worst oppression. Because of Brahminical Hinduism, Indian society is defined by structural
inequality and discrimination, with the untouchable castes being the most oppressed. Due to unequal and hierarchical rights,
untouchable castes, also known as Scheduled Castes, are the most oppressed in Indian culture. In the past, untouchable
castes were denied access to fundamental liberties and experienced exclusion and residential segregation. The separate
reservation for Arunthathiyar, Vanniars, Muslims, and Christians under the unique reservation policy aims to increase the
representation of SCs in educational institutions, the workforce, and government agencies to promote social equality.
This study is both observational and theoretical in nature. This study provides a well-structured analysis of theories and viewpoints.
Conceptualizing and elaborating on how a topic and its surroundings function, as well as looking into or simulating the effects of
those requirements, are all part of this type of research. It only draws information from secondary sources that are pertinent to the
issue under investigation. Theoretically speaking, it is a descriptive and diagnostic architecture.
The compilation of secondary data involves using a variety of reports, both published and unpublished. In addition, a thorough
review of the literature in the pertinent fields was carried out with the aid of the libraries of the University of Madras, Madras
Institute of Development Studies, Connemara Public Library, Higher Education Department of India and Tamil Nadu, Directorate
of Census Operations, Vellore Central Library, and Thiruvalluvar University Library.
Areas in Indian reservations

Reservations are permitted in areas such as educational institutions, teaching establishments, government
employment, and legislative bodies. By giving them reservations in legislatures, government jobs, pro motions, and

educational scholarships, the Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and
Economically Backward Classes are given chances. In higher education schools, the percentage of reservations is
49.5%. In India, reservation is permitted in government employment (per Articles 16(4) and 334), government
educational schools (per Articles 15(4), (5), and (6)), and legislatures (both the Parliament and the State
Legislature). The Constitution (77th Amendment) Act of 1995 changed the Constitution, adding a new provision
(4A) to Article 16 that allows the government to offer reservations for promotions. Reservation in promotion by
non-selection is open to SCs and STs in all service groups, namely A, B, C, and D, at a rate of 15% and 7.5%,
respectively. Reservations are offered up to the lowest rung of Group "A" at the same rates in the event of
promotion by selection method.
Since its establishment in 2006, the Coordination Committee on Affirmative Action for Scheduled Castes/ Scheduled
Tribes in the Private Sector has conducted nine meetings. Representatives from the business community are eager to
work with government officials and nonprofit organisations to improve and broaden the existing hiring practises for
the underrepresented groups, particularly the SC and ST, and to promote skill-building and training. For their
member companies, the Apex Industry Associations have developed a Voluntary Code of Conduct (VCC) to
promote inclusion through merit scholarships, career guidance programmes, village adoption, entrepreneurship
programmes and coaching, participation in the national Apprenticeship Promotion Scheme, and other means. They
also have to hire at least 25% of their apprentices from SC/ST communities.
The majority of Indians (68%) identify as belonging to a lower group, including 34% of those who belong to either
Scheduled Castes (SCs) or Scheduled Tribes (STs) and 35% of those who belong to Other Backward Classes (OBCs)
or Most Backward Classes. Originally, Article 334 of the Constitution mandated that the reservation of elected seats
terminate in 1960; however, the 8th Amendment extended this deadline to 1970. The 23rd, 45th, 62nd, and 79th
Amendments, consecutively, increased the duration of reservation to 1980, 1990, 20 00, and 2010 respectively.
India has been a pioneer in providing exemptions to underprivileged groups. A key part of Indian articulation has been the
concept of reservations, and, more crucially, the concept of proportional representation of communities. The demands for
quotas made by the backward non-Brahmin groups have culminated in the category known as the Other Backward Classes,
which has been a significant development in the political history of the country. In India, Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs) receive reservation at rates of 15%, 7.5%, and 27%,
respectively, for direct employment through open competition throughout the country.
The Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, which gave the
Maratha Community reservations in jobs and public education, was recently overturned by India's Supreme Court. This
article will go over India's present reservation system and its historical foundations.
Indian reservations' historical context

The ancient caste system practises that were common in ancient India are where the reservation system got its start. The
higher caste took advantage of the lower caste members. They were denied their fundamental rights and excluded from
civilization. The reservation system was implemented in order to address this issue and provide the lower caste population
with sufficient representation. The system of educational reservation for non-Brahmins and members of the lower social
groups was established by ShahuMaharaj of Kolhapur. The Communal Award of 1933, which was passed decades later,
established distinct electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits.
The Poona Pact was subsequently ratified by B.R. Ambedkar and Mahatma Gandhi, which reserved some seats for the
weaker castes of Hindu electors. After freedom, beginning in 1980, significant initiatives for SCs, STs, and Other
Backward Castes (OBC) were put into place. The Indian government established up a Mandal Commission in 1979. This
commission's primary goal was to identify the socially or educationally underprivileged classes and suggest ways to
advance them. According to the Mandal Commission, 27% of government employment in India should be set aside for
OBCs because they make up about 52% of the population. The SC/ST reservation was initially granted for a term of 10
years. Later on, however, it became clear that the reservation system was still necessary in order to address the issue of
social discrimination.
Indian reservations
Reservation is an affirmative action programme in India that gives traditionally underrepresented groups representation in
government programmes, scholarships, and politics. According to provisions in the Indian Constitution, it is permissible for
the Union Government and the States and Territories of India to designate quotas or seats, at a specific percentage, in

educational admissions, employments, political bodies, promotions, etc., for "socially and educationally backward citizens.
The following table – 1, provides information on the reservations made for applicants to positions in government or
educational institutions.
Table – 1
Information on the Reservations Made For Applicants to Positions
in Government and Educational Institutions
Reservation in
S.No. Category
Percentage (%)
1. Scheduled Caste (SCs) 15%
2. Scheduled Tribe(STs) 7.5%

3. Other Backward Class (OBCs) 27%
Economically Weaker Sections
4. 10%
(EWS)
Persons with Benchmark
5. 4%
Disabilities
6. BC (M) 3%
It is evident from the above table- 1 that various categories, including SCs, STs, OBCs, and EWS, receive 60% reservation
in regard to government employment and educational institutions. Additionally, reservations are given to disabled
individuals at 4%. This leaves 40% of the places open for applicants with merit. The reservation was initially offered on the
grounds of social and pedagogical depravity. However, following the 2019 103rd Constitutional Amendment, fiscal
backwardness was also taken into account for reservations.
Constitutional clauses relating to the reservation

Regarding reservations in India, the Indian Constitution contains the following clauses:
 Article 15(4) of the Indian Constitution states that the State has right to make special provision for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
 Article 15(5) of the Indian Constitution states provisions created for the reservation of SC, ST, Backward classes in
private educational institutions.
 According to Article 16(4) of the Indian Constitution, the State is entitled to implement reservations to ensure sufficient
representation of all castes in government employment.
 The Indian Constitution's Articles 330 and 332 guarantee specific participation by allocating seats to SCs and STs in the
Parliament and State Legislative Assemblies, respectively.
Legal Cases
 Indra Sawhney Vs. Union of India: 50% Caste-based Reservation Cap Issued.
The Supreme Court ruled in the case that beneficiaries' reservations should not surpass 50% of India's population. A cap on
caste-based reservations was established as a result of this lawsuit.
Protection of basic rights under Article 15(1) of the Indian Constitution: State of Madras Vs. Champakam
Dorairajan
In this instance, the Madras Government had set aside a certain number of seats in State Medical and Engineering Colleges
for various communities in varying percentages based on race, caste, and faith. As a result, the Supreme Court declared the
legislation unconstitutional because it discriminated against citizens on the basis of their caste and religion, regardless of
their academic ability, and it violated Article 15(1) of the Constitution.
India's Reservation System needs to be reformatted

Reservations in the Constitution were supposed to provide disadvantaged groups with equal opportunity and status, but they
have turned out to be used for other purposes. In India, reservation is a type of affirmative action that benefits the
community that is less developed socially and economically. Reservations in India diverge from their primary goal of
giving everyone in society an equal chance and status. Reservations in India stray from their intended use.

The Constitution's authors meant to include reservations, but their motivation has been called into question. Caste and
religious division in Indian society is largely a result of opposition to the country's quota policy. With reserved weaponry,
political parties are constructing voting banks and offering provisos to India's reservation policy. Seats in various
organizations, government agencies, and higher education institutions have reserved or exclusive access due to
governmental laws, regulations, and administrative measures.
According to Article 340, a commission is mandated to look into the circumstances of socially and educationally
marginalized groups in order to advance equality and opportunity while fostering fraternity, unity, and integrity. To ensure
that democracy is both meaningful and practical, the Constituent Assembly addressed the need to advance social and
economic equality. The laws support equality of opportunity and position in order to uphold the nation's integrity, unity,
and fraternity.
The Indian government has implemented a quota scheme for employment in public sector and government organizations,
but not in minority-run institutions. A quota scheme has been implemented by the Indian government for the
underprivileged. The majority of people in India belong to the backward class, which is behind in politics, schooling, and
other spheres of life. Schedule castes, tribes, and other Backward classes were included in the classification of the
Backward class. Scheduled castes and scheduled tribes will be included in the reservation policy for purposes of
participation in the Indian Parliament. Tribes and castes should be scheduled so that there is sufficient representation in the
government and educational systems.
Judicial Decision Regarding Reservation

According to the Madras State Vs. Champakam DoraiRajan ruling, certain communities were given seats based on their
caste, race, and faith. Article 15 (4) of the Indian Constitution encourages the advancement of socially and educationally
impoverished Backward classes, Schedule castes, and Schedule tribes. The First Constitutional Amendment Act of 1951
gained section (4) as a result of the Madras State Vs. Champakam DoraiRajan judgment.
The SC ruled that the technique of reserving seats based on race, religion, and caste was invalid because it contravened
Article 15 (1) of the Constitution. To foster social justice for all populations, the state upheld the legislation. Due to alleged
violations of Article 15 (1) of the Constitution, this was contested in court. Article 15(4) does not mandate special action,
but it permits the State to make special provisions for socially and educationally underprivileged groups. Clause (4) of
Article 15 has been introduced, enabling the state to make reserves as necessary.
Article 46 of the Indian Constitution describes a "backward class" as "weaker sections of the people" because of poverty
and disabilities, whereas the term is not explicitly defined in the Indian Constitution. Although Article 16 (4) does, the
Indian Constitution does not specify a "backward class" for reservation purposes. In 1992, the Supreme Court of India
declared that the percentage of reservations could not go above 50% because anything more would, in its opinion, violate
the Constitution's guarantee of equitable access.
The order's legality was contested, and the court determined that "backwardness" had to be societal as well as educational.
To identify socially and educationally deficient teachings and to offer assistance, research is crucial. The court ruled that
Article 15 no longer justifies the hierarchy between less developed and more developed countries. (4). Caste is no longer
used to categorize people as being a step behind because the legitimacy of order has been questioned. The Mandal
Commission case set the SC's stance on the subject of reservations for underprivileged groups, which the 9th Judge
contested. The Memorandum of Understanding was contested in court, and the 9th Judge looked over it. Reserving 27% of
government and service positions for members of socially and educationally disadvantaged groups.
India needs reservation even today – An Assessment

The government's capacity to rule is threatened by the reservation policy's discriminatory treatment of people. If the
reservation strategy is abandoned, the government might no longer be able to rule. Under the new reservation strategy,
everyone has an equal chance. To guarantee equitable representation in services paid for by the federal government and the
states, India must lessen its 80% reliance on crude oil. To ensure a level playing field for all, India must reduce its 80%
reliance on crude oil. Imports have inflated India's trade deficit, which will make trading in India more challenging in 2023.
The global recession will make things more challenging for Indian traders in 2023. Due to competition for resources, the
reservation system intensified strife between nomadic tribes. The government's failure to keep its pledges led to the
reservation system's demise. Unprivileged individuals should have equal access to opportunities and status from the

government. Reservation is necessary for India to advance. Reservation is one solution, but coaching, funding, and
scholarships are also required to guarantee lower caste people equitable opportunity and status.
People from lower castes do not have comparable opportunities or status. Caste discrimination persists in rural regions,
rendering equality a distant dream. Although equality for all residents is stated in the Preamble of the Indian Constitution,
this ideal is still a long way off due to discrimination. Because of discrimination, equality for those from lower castes is still
a distant ideal. Despite freedom, discrimination against members of lower castes persists.
Reservation policy in Tamil Nadu

Tamil Nadu's reservation policy is a prime instance of a program based on affirmative action that gives historically
underrepresented groups representation in both schooling and employment. Reservations increased from 41% in the state in
1954 to 69% in 1990. Since before independence, Tamil Nadu has fought for equitable educational opportunities and
employment in the government. Reservation was seen as a particularly effective affirmative action strategy against
prejudice by the oppressed classes.
Reservation in Tamil Nadu Prior to Independence

Reservation was used for the first time in the British Raj by the Madras Presidency to guarantee justice for the oppressed.
Brahmin dominance in the government, where they outnumbered others and occupied key positions, was the subject of
complaints. The Brahmin hegemony in the government was a consequence of their superior caste status, which gave them
more access to better educational options. The South Indian Liberal Federation, also known as the Justice Party, was
founded in 1916 by P. Theagaraya Chetty and T.M. Nair to promote non-Brahmins working in the Madras Presidency's
administration. Akaram Subbaroyalu Reddy, the Chief Minister of the Madras Presidency, took action in 1921 by issuing a
government order establishing quotas.
The government order was immediately met with resistance and had to be suspended. When he was a member of Congress
at the time, the social reformer Periyar E. V. Ramasamy urged his party to support reservation. After the party refused, he
quit and held rallies across Tamil Nadu to rally support for the implementation of the government order. The 'Communal
Government Order' was only passed in 1927 by P. Subbaroyan, Chief Minister of Madras Presidency. Non-Brahmin Hindus
were to receive 44% of all posts, while Brahmins, Muslims, Christians, and Anglo-Indians were to receive 16% each, and
scheduled castes were to receive 8%. Although these figures did not accurately represent their population share, Periyar
referred to them as a "compromise" and accepted them. This ranking was based on English literacy, which was only about
7% at the time. The order remained in force until 1950, and it was used in employment and admissions to educational
institutions. The details of Madras presidency elections from 1920 to 1926 are stated in table-2.
Table- 2
Madras Presidency Elections, 1920-1926
Elections Non-Brahmin Brahmin Total Seats
1920 57 - 98
1923 61 13 98
1926 54 18 98
Source: Compiled and calculated from the from various documents

and reports of both Central and State Governments.
After independence, reservations were made in Tamil Nadu

India's Constitution entered into effect in 1950. The Madras High Court quickly annulled the Communal Governing Order
as illegal. The ruling was upheld by the Supreme Court. Periyar led a statewide protest against the judicial decision. The
reservations were also supported by the Congress. Chief Minister K. Kamaraj took the issue to Prime Minister Jawaharlal
Nehru, who helped amend Articles 15 and 16 of the Constitution, which allow states to have quotas in educational
institutions and public service for educationally and socially backward classes. The details of reservation between different
groups are given in table- 3.

Table – 3
Reservation between different Groups
S .No. Different Groups Population Reservation

(in percent) (in percent)
1. Backward Class 46.14 30
2. Most Backward Class 17.43

20
3. Denotified Communities 3.44
4. Scheduled Caste 19 18
5. Scheduled Tribes 1.04 1
6. Others 12.95 -
Total 100 69
Source: Compiled and Calculated from various documents and reports of both
Central and State Governments of India.
Present Reservation Scheme Details in Tamil Nadu

Affirmative action is used in Tamil Nadu's reservation policy to give historically marginalized groups representation in both
schooling and the workforce. Reservations increased in the state from 41% in 1954 to 69% in 1990. The details of Present
Reservation Scheme in Tamil Nadu is given in table – 4.
Table – 4.
The specifics of Tamil Nadu's reservation policy
S. Major Category The subcategory Based on the Based on the Category based
No. based to the based to the Government of Government of to the Indian
Tamil Nadu Tamil Nadu Tamil Nadu, the Tamil Nadu, the Government
government government percentage of percentage of
reservations for each reservations for
subcategory each Major
Category
1. Backward Class BC - General 26.5% 30% Backward Class
(BC) BC - Muslims 3.5%
2. Most Backward Most Backward 13% 20%
Class (MBC) Communities
(MBC)
Denotified 7%
Community
(DNC)
3. Scheduled Castes Scheduled Castes 15% 18% Scheduled castes
(others) and scheduled
only for 3% tribes
(Arunthathiyar)
4. Scheduled Tribes 1% No Sub-Categories 1%
Total Reservation Percentage 69%
Reservation in Tamil Nadu between 1920 and 1979

Due to Periyar E. V. Ramasamy's endeavors, the Madras Presidency's Chief Minister implemented the Communal
Government Order in 1927. In the reservation, non-Brahmin Hindus received 44%, scheduled classes received 8%, and

Brahmins, Christians, and Muslims received 16%. Despite the fact that these figures did not properly reflect their
population share, Periyar referred to them as a "compromise" and accepted them. The Madras High Court declared the
quota unconstitutional in 1950, and the Supreme Court upheld their decision. As a result, the reservation was eliminated.
The underprivileged groups began receiving a 25% allocation in 1951. In 1970, the first Tamil Nadu Backward Classes
Commission, headed by A.N. Sattanathan and President M. Karunanidhi, argued in their report that the upper class of the
backward class, called the "creamy layer," misused the benefits of reservation and hindered the growth of the genuine
backward classes (BC).
The Commission recommended breaking up the "Most Backward Classes" (MBC) and raising limits in order to benefit
everyone. The Commission also suggested imposing some financial limitations to prevent the cream layer from completely
benefiting from reservations. The Commission recommended different boundaries of 16% and 17% for the MBC and BC.
There were 41% of all exemptions in Tamil Nadu. The BC quota was raised from 25% to 31% under the Dravida Munnetra
Kazhagam (DMK) administration in 1971, and the SC and ST reservations were raised from 16% to 18%. During the
DMK's reign from 1971 to 1976, Karunanidhi created a distinct Ministry for the Welfare of the Backward Classes, the first
one in the nation. A total of 49% of the territory was reserved. Based on the Sattanathan Commission's recommendations,
the All India Anna Dravida Munnetra Kazhagam, under the leadership of M.G. Ramachandran, chose to adopt the "creamy
layer" principle in 1979. Ramachandran established a 9,000 rupee yearly income cap as the minimum required for
reservation eligibility in 1979. This strategy was met with vocal political opposition.
Reservation in Tamil Nadu between 1980 – 1989

After the AIADMK narrowly lost the 1980 Tamil Nadu general election in India, M. G. Ramachandran, the party's leader,
decided to change his choice regarding economic criteria. He also increased the backward classes' allotment from 31% to
50%, bringing the overall reservation up to 68%. The Supreme Court was sued by the forward classes to stop this action.
The government was mandated by the Supreme Court to establish a committee to look into Tamil Nadu's actual backward
class situation. According to the findings of the Second Backward Classes Commission, which was appointed by the MGR
government and was headed by J.A. Ambasankar in 1982, approximately 11 castes, which account for approximately 34.8
percent of the backward classes, hold 62.7% of seats in professional courses, 53.4% of scholarships, and 50.7% of jobs in
the public service commission.
The Commission estimated that 67 percent of people were classified as backward and asked that 34 caste groups be
dropped and 17 new forward caste groups be introduced. The government maintained the 68 percent quota for SCs, STs,
and backward classes while also adding 29 new caste groups to the roster of those considered to be disadvantaged.
However, no caste groups were left out. In 1987, Vanniar Sangam, the parent body of Pattali Makkal Katchi, blocked state
roads, damaged public property, set fire to Dalit settlements, and cut down trees in order to obtain 20% reservations in the
state government and 2% reservations in the federal government for the Vanniyar Caste. In police shootings, 21 Vanniyars
were slain. The leaders of society met under the direction of MG Ramachandran. He fell sick shortly after and passed away
without making a choice. Following the Vanniyar protests in 1989, the DMK administration divided the 50% BC quota into
a 30% Other Backward Class (OBC) and a 20% MBC portion. The MBC quota entitled the Vanniyars to reservation along
with 106 other caste groups.
Since 1990, reservations have been made in Tamil Nadu

The DMK administration under Karunanidhi then divided SC and ST reservations based on the Madras High Court's ruling
in 1990. The 1% ST allotment raised the state's overall reservation percentage in Tamil Nadu to 69%. According to Article
16 of the Constitution, the Supreme Court declared in 1992 that the total number of reservations permitted should not
exceed 50%. Following the Supreme Court's ruling, the Madras High Court ruled that the state must cut it to 50% starting
with the 1994–1995 school year. The Tamil Nadu Backward Classes, Scheduled Castes, and Scheduled Tribes Bill, 1993,
was passed by the Assembly in 1993. (Act 45 of 1994). The measure needed to be approved by the president. The
AIADMK administration of J. Jayalalithaa led a cross-party committee of Tamil Nadu politicians to Delhi for consultations.
She also asked for the Constitution's Ninth Schedule to be added to the act that the Tamil Nadu government enacted,
making it impossible for it to be challenged in court. The president's thumbprint validated the 69 percent allotment to Tamil
Nadu. A lawyer named K. M. Vijayan was brutally attacked and permanently disfigured in 1994 while traveling to New
Delhi to file a case with the Supreme Court protesting the inclusion of a 69 percent reservation in the 9th Schedule. Later,
the 9th Schedule of the same year included the 69% reservation.
Constitutional Amendments Regarding Reservation in Promotions: A Brief Introduction The Supreme Court held
on April 27, 2012, that Section 3(7) of the Uttar Pradesh Civil Servants (Reservation of Seats for Scheduled Castes,
Scheduled Tribes, and Other Backward Classes) Act, 1994, and Rule 8(A) of the Uttar Pradesh Government Servants'

Seniority List Rules, 1991, as added by the 2007 Amendment Act, was invalid. The Supreme Court's quota for the
promotion of scheduled castes and tribes was widely believed to have been overturned after this decision was rendered,
leading to a great deal of misunderstanding and hypothetical thinking. In this case, the Supreme Court did not invalidate the
quota for scheduled castes and scheduled tribes' promotion.
Based on the opinions the Supreme Court voiced in its 2006 ruling in the Nagaraj case, certain specifics should be given in
this case. Because they lacked those details, the Supreme Court declared the Uttar Pradesh State Act and Rules to be void.
For the same reason, various high courts and supreme courts have rendered judgements identical to this one declaring
invalid the statutes and executive orders of various states that permit reservation in promotion. The custom of reserving
places for promotions was first implemented in 1955. In the Rangachari case of 1962 and the Akila Bharatiya Sosid
Karmachari Sangam case of 1986, the Supreme Court ruled that it was legally legitimate. The 1992 lawsuit of Indira
Chavanne against the Government of India became unresolved as a consequence of the Mandal case, which was regarded as
settled.
According to a section of the decision, the Supreme Court determined that Article 16(4) of the Constitution does not give
the State any authority to grant reservations for promotions. In reality, this issue has more to do with backward classes than
it does with scheduled castes or tribes. The petitioner did not request it in his appeal, but the court determined that there is
no statutory system for the reservation of seats for underprivileged people in promotions. Reservations in promotions at the
time only applied to scheduled castes and tribes. In the aforementioned instance, scheduled castes and tribes were not even
defendants. Five years of leniency were granted by the Mandal Commission's judgment.
The reservation will remain for already-promoted posts during that interim period. The decision has stoked unrest among
Dalit and tribal people, as well as among their advocates. How to obtain a reservation in promotion was the topic of
numerous discussions and seminars, and the government was informed of the circumstances. Three years after it had been
introduced in Parliament, the 77th Constitutional Amendment Act of 1995 was passed by the Central Government. As a
result, Article 16 was amended to include a new clause 4(A) that establishes a quota for scheduled caste communities in
promotions, reverting the situation to what it was prior to the Rangachari and Mandal cases.
Following the Supreme Court's judgements in the cases of Herbal Singh Chauhan, RK Sabharwal, Ajitsingh Januja, and
Ajitsingh (2), the 85th Constitution Amendment Act of 2001 was passed. It gave continuous seniority to scheduled castes
and tribes who were promoted through reservation. The Mandal Commission case resulted in the Supreme Court setting a
50% cap on seat reservations. The 81st Constitutional Amendment Act of 2000 included Clause 4(B) to prohibit the 50%
ceiling from filling open positions that have been unfilled for a long time. Article 335 of the Constitution received a new
clause at the same time that the 82nd Constitutional Amendment Act was presented. It gave the government the authority to
lower the passing score and relax other test requirements in order to reserve seats for the promotion of scheduled castes and
tribes.
Appeals have been made against the aforementioned constitutional changes. All the cases, including Nagaraj's lawsuit
against the Indian government, were heard by the Supreme Court. On October 19, 2006, the Supreme Court's Constitutional
Bench issued a decision in this matter. That is the subject of the so-called Nagaraj case (2006) 8 SCC 212 AIR 27 SC 71.
The Public Servants (Reservation of Seats for Scheduled Castes, Scheduled Tribes, and Backward Classes) Act of 1994 in
Uttar Pradesh was challenged, and on April 27, 2012, the Supreme Court rendered its decision based on this ruling. This
served as the foundation for rulings by the Supreme Court and various high courts that declared the legislation in some
states that reserved seats for scheduled castes and tribes in promotions unconstitutional.
The Supreme Court decided that the 77th Constitutional Amendment Act of 1995, which added additional clause 4 (A) to
Article 16 of the Constitution, would apply in the Nagaraj case. Furthermore, the court's decision made some additional
observations:
 According to Article 16(1) of the Constitution, everyone has a basic right to equality. However, the courts have
held that neither Article 4 nor Article 4(A) of the Constitution should be interpreted as granting the social groups
to whom reservation is given the status of fundamentally protected rights.
 The state's judgement is expressed in clause 4. This clause states that backward classes, scheduled castes, and
tribes cannot assert their right to reservations as a basic right. The government has the option to offer or not to
give. Similarly, Section 4(A) grants the state autonomy. Reservation in promotion cannot be regarded as a
fundamental privilege by the scheduled castes and tribes. It is a decision-making authority of the administration.

It is possible for the government to offer reservations in promotions if they are deemed essential. The government must
provide proof that each of the following criteria is satisfied before exercising arbitrary powers:
 Compelling reasons.
 Backwardness.
 Lack of adequate representation.
 Creamy layer segments should be excluded.
 Should not compromise the efficient administration required by Article 335.
 The 50 percent ceiling should not be exceeded.
 Reservations should not be extended indefinitely.
The Nagaraj case set forth the conditions of the constitutional amendment that guaranteed promotion reservations for
members of the scheduled castes and scheduled tribes. Since 1955, scheduled castes and scheduled tribes have been subject
to a reservation in promotion policy. It was deemed correct in the 1962 ruling in the Rangachari case. It had been approved
in many other cases prior to the 1992 Mandal case.
The conditions lay down by the Supreme Court in the Nagaraj case after accepting the constitutional amendments made for
this purpose, especially the 77th constitutional amendment, the 85th constitutional amendment, and the 81st and 82nd
constitutional amendments, are the conditions laid down by the Court. In the case of the Government of Uttar Pradesh, the
Supreme Court supported the practice of allocating positions in promotions to scheduled castes and tribes, and numerous
High Courts upheld it in cases involving other states. On the grounds that any legislative provisions in other states did not
meet the requirements established in Nagaraj's case, it also invalidated the laws and rules of Uttar Pradesh.
The Constitution still contains Article 16(4A), which permits reservations in promotion, and it has not been abolished.
However, it's a widespread misconception that the Supreme Court invalidated reservations for promotions in the Uttar
Pradesh case. In its ruling in the Nagaraj case, the Supreme Court had to call into question the first and second conditions
stated aforementioned. Their opinions and observations ought to be challenged. Article 16, Sections 4 and 4(A), and Article
15 are also fundamental rights. It is the opinion of many leaders that fundamental rights flow from the constitutional right to
equality. Reservation cannot be claimed as a fundamental right by scheduled castes, tribes, or backward social classes, and
it is not a fundamental right but a discretionary power of the state to grant or not grant it, should be questioned and
countered. Because the Mandal case, in which the Supreme Court's nine-member panel defined the word "Creamy layer" in
terms of socially affluent people or sections, made it abundantly clear that it did not apply to Scheduled Castes and Tribes.
DISCUSSION AND CONCLUDING COMMENTS
The government's policies have had a different effect on different beneficiaries, resulting in a different quota for Muslims,
Christians, Arunthathiyars, and Vanniars. Separate quotas were established for Arunthathiyars, Vanniars, Muslims, and
Christians as a consequence of the different impacts of government policies. The opinions of respondents regarding
government policies. The majority of respondents, according to the research, concur that dalit unity is unaffected by the
separate reservation for Arunthathiar. The research revealed a link between employment and knowledge of welfare policies,
but education access continues to be a significant obstacle. To ensure equitable access to education, reservation policies
should be applied in a logical and systematic way. Despite being conscious of reservation policy, access to education
remains a significant barrier.
The Reservation Policy ensures equal security for all communities, with special consideration given to SCs/STs. The
Reservation Policy, which was founded on two fundamental tenets of deprivation and systematic discrimination, was a
product of the Hindu social order. Deprivation and prejudice, as well as rectification, were two fundamental tenets of Pro-
Reservation. Deep socioeconomic roots of "untouchability" are addressed by implementing reservations in employment and
school settings. Equal rights and compensatory justice are achieved through government action in the form of reservations
for the less fortunate. However, it has not yet resulted in equal distribution among SCs/STs.
The Reservation Policy is an effective example of politics changing society. Due to its failure to meet the specific
educational requirements and provide health and nutritional measures for underprivileged groups, the State has extended
the Reservation Policy. SC communities have been disproportionately impacted by the Reservation Policy, with those with
dense populations reaping the majority of the advantages. Minor SCs have been disproportionately affected by the
reservation policy, which has led to a 3% reservation for Arunthathiyars in government jobs and school institutions. The
Reservation Policy has had a significantly negative impact on Minor SCs. Smaller SCs have made less progress than bigger
SCs. Given the unequal access to educational institutions, the government created a separate strategy for disadvantaged

individuals.
Through micro-level planning based on the requirements of the population, the State should take proactive measures to
reduce unequal uptake of state-based welfare. To decrease unequal access to state-based welfare, the State should increase
public knowledge of federal government resources. Due to ignorance, SCs lack access to state-based assistance. It is
important to start a public effort against untouchability in primary schools and expand it to other educational facilities,
religious and social organizations, and the workplace. In order to effectively combat poverty and illiteracy in Tamil Nadu, a
public campaign against untouchability needs to be supported by state law. To lower poverty and illiteracy among Tamil
Nadu's socially weaker sections, a public effort against untouchability is required.
The government would need to take a number of actions as part of a coordinated and targeted effort. The SC minority group
deserves improved services, particularly in the areas of literacy, health development, and poverty alleviation. The SC
minority group needs better services, especially in the areas of health improvement, literacy, and poverty reduction. owing
to illiteracy, lack of access to the public educational system. Of course, a number of factors contribute to this predicament.
One of these is the economic downturn that the minority communities in South Carolina are going through; it is advised
that in order to address this, these communities be given access to distinct development programs, granted their financial
challenges, these Communities should be granted their own growth plans.
Reservation Policy is insufficient to help minority SCs progress. The role of government should be to guarantee both
economic and social justice in every society within the country. Minor SCs should have separate welfare programs that are
executed with micro level planning, with special cells for them, and without the involvement of the State or Union Planning
Commissions. To assist minor SCs realize their potential, separate welfare programs should be implemented with micro
level planning. To realize their maximum potential, minor SCs need their own welfare programs. All minor SCs and STs
should be included in the 3% reservation policy, and there should be special initiatives in the areas of charity, health,
literacy, and poverty alleviation.
The House of Representatives, the State Legislative Assembly, and local authorities should all be granted reservations. In
order to combat prejudice and untouchability, Dalit political parties have arisen, calling for the abolition of caste and all
associated atrocities. Despite their protests and public agitations, mainstream political parties do not grant Dalit
communities complete political participation. Consequences follow from inadequate representation of SC/ST at upper
echelons of governance. The State should determine which SC/ST households are the most underprivileged, withhold quota
from those who are already receiving benefits from the Reservation Policy, and give it to the most disadvantaged. The State
should choose the SC/ST households with the lowest incomes and grant them the quota. Quotas for SC/ST communities
ought to be made available to the most disadvantaged.
In particular when there is a creamy layer of privilege, reservation should be founded on the economic standing of SC/ST
family units. Reservation Policy is not being used properly. Poor neighborhoods have made socioeconomic success, adding
a layer of privilege on top. To guarantee that only legitimate community members are admitted to educational schools and
government employment, the State should audit all community certificates. To make sure genuine members are not
admitted without justification, the State should examine community certificates. The State should establish a Department
for the Reservation to track down, analyze, and fix issues, and designate special officers and field personnel to assess the
Reservation Policy. To resolve the significant disparities in educational achievement, the State must implement a new
educational strategy for SCs and STs. The distribution of education among SCs is uneven, with some receiving only a
basic education while others have access to a complete formal education thanks to specialized government initiatives. The
distribution of education among SCs varies greatly, as does success. A new educational strategy for SCs and STs needs to
be implemented by the State, along with a program to combat illiteracy and an investigation into the reasons why students
leave school.
CONCLUSION
The purpose of India's reservation policy is to provide the underprivileged with equitable opportunity. The reservation
system should be improved to offer lower caste people a chance to prove themselves. Reservations ought to be adjusted to
meet the requirements of different communities. To address the outdated method, reservations should be fixed.
Reservations ought to be granted only to those who are in genuine need. Reservation would be unjust to other groups who
strive for excellence. Goals should be attained through merit, not through reluctance. Few individuals should be allowed to
make reservations.

REFERENCES
[1] Raj, M. S. Y. S., & Gokulraja, M. P. (2015). An Analysis of Reservation System in India. International Journal of
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[3] Kumar, G. (2022). Reservation Policy in India: A Critical Analysis. Issue 3 Int'l JL Mgmt. & Human., 5, 507.
[4] Retna, S. K. (2012). The Reservation System in India-An evaluation of political reservation and poverty
reduction (Doctoral dissertation, Georgetown University).
[5] Sharma, O. P. (2011). Administrative Efficiency and Reservation Policy in India: An Impact Assessment. Indian JL
& Just., 2, 112.
[6] Basu, S. (2021). An Economic Analysis of the Reservation Policy in India. Pol'y Persp., 28, 1.
[7] Maheshwari, S. R. (1997). Reservation policy in India: Theory and practice. Indian Journal of Public
Administration, 43(3), 662-679.
[8] Pandey, R. K., & Pandey, M. (2022). Entropic Analysis of Reservation Policy of Government of India. arXiv
preprint arXiv:2201.10314.
[9] Galanter, M. (1984). Competing Equalities: Law and the Bacliward Classes in India.
[10] Karan, B. (2022). DALIT EMPOWERMENT AND THE RESERVATION SYSTEM IN INDIA: A CRITICAL
ANALYSIS.
[11] Haokip, S. (2022). Reservation Policy: An Analysis of Scheduled Tribes Reservation on Higher Education in
Manipur. Journal for Peace and Justice Studies, 31(1), 100-118.
[12] Sharma, A. (2022). Impact of Reservation Policy in Higher Education: An Investigation. International Journal of
Social Ecology and Sustainable Development (IJSESD), 13(6), 1-14.
[13] Cho, E. E. (2014). The Impact of Reservation Policy on Education in India: An Evaluation of Karnataka's Gram
Panchayat Presidency Reservation and Children's Education Attainment for Scheduled Caste and Scheduled Tribe
Households.
[14] Diwan, A., & Lal, A. (2020). Social Justice Programs in Higher Education: Affirmative Action in the USA and
Reservation System in India. Handbook on Promoting Social Justice in Education, 1253-1276.
[15] Kumar, V., & Singh, A. R. RESERVATION IN EDUCATION AND ITS FUTURE PERSPECTIVE: A REVIEW.
[16] Yoganandham. G (2016), “Constitutional Safeguards and status of Dalits in India – Issues and Challenges”.
Research Direction- International Recognition Interdisciplinary Research Journal, Vol.3, No.2, ISSN: 2321-5488.
[17] Yoganandham. G., (2022), “An Evaluation of Ambedkar as a Champion for Oppressed People in Education
Development”, GSI Science Journal, DOI:20.18001.GSJ.2022.V9I12.22.40488, Scopus Active Journal
(https://www.scopus.com / sourceid/2110036444), UGC-CARE GROUP – II Journal
(https://ugccare.unipune.ac,in/apps1/home/index), Scientific Journal Impact Factor - 6.1, Volume 9, Issue 12, ISSN:
1869-9391, Pp:1742-1757.
[18] Yoganandham. G.,A.Abdul Kareem & E. Mohammed Imran Khan (2023), “Reservation in India Concerning its
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An Evaluation of the Reservation System in India

Article · March 2023

Yoganandham Govindharaj Abdul Kareem

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An Evaluation of the Reservation System in India

The Theme of the Article

Statement of the Problem

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Objectives of the Article

Areas in Indian reservations

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Indian reservations' historical context

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1. Scheduled Caste (SCs) 15%

2. Scheduled Tribe(STs) 7.5%

Constitutional clauses relating to the reservation

India's Reservation System needs to be reformatted

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Judicial Decision Regarding Reservation

India needs reservation even today – An Assessment

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Reservation policy in Tamil Nadu

Reservation in Tamil Nadu Prior to Independence

Elections Non-Brahmin Brahmin Total Seats

Source: Compiled and calculated from the from various documents

After independence, reservations were made in Tamil Nadu

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S .No. Different Groups Population Reservation

1. Backward Class 46.14 30

2. Most Backward Class 17.43

5. Scheduled Tribes 1.04 1

Present Reservation Scheme Details in Tamil Nadu

Reservation in Tamil Nadu between 1920 and 1979

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Reservation in Tamil Nadu between 1980 – 1989

Since 1990, reservations have been made in Tamil Nadu

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DISCUSSION AND CONCLUDING COMMENTS

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