International Journal of Research (IJR)

e-ISSN: 2348-6848, p- ISSN: 2348-795X Volume 2, Issue 10, October 2015

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An Analysis of Reservation System in India

Mr. S. Yesu Suresh Raj & **Mr. P.Gokulraja
1
Research Scholar Dept. of Gandhian Thought and Peaces Science, Gandhigram Rural Institute-
Deemed University, Gandhigram 624 302 Dindigul. Tamil Nadu.
2
M.Phil Scholar Dept. of political science and Development Administration, Gandhigram Rural
Institute- Deemed University, Gandhigram 624 302 Dindigul. Tamil Nadu.
Abstract:
This article described history and present status of reservation system in India. In 1901,
reservations were introduced in Maharashtra (in the Princely State of Kolhapur) by Shahu
Maharaj. Chatrapati Sahuji Maharaj, He provided free education to everyone and opened several
hostels in Kolhapur to make it easier for everyone to receive the education. He also made sure
everyone got suitable employment no matter what social class they belonged. He also appealed for a
class-free India and the abolition of untouchability. The explicit purpose of the reservation policy was
and is to promote social, economic, and political equality for Scheduled caste, tribal peoples, and
other lower castes peoples, (i.e. OBCs (Other Backward Communities) through positive or
compensatory discrimination. By this policy, the leaders of independent India declared their
determination to eradicate inequalities. The Indian government has appointment various commissions
for measurement quota system. The researcher explained towards this study Indian constitutions
provision for reservation, merits and demerits and impact of reservation system in India. The
Constitution of India, adopted in 1950, defines the nation as a Democratic Republic which ensures
that All citizens are equal before law, free from discrimination on grounds of caste, creed, religion,
sex, place of birth, and equality of opportunity in education and public appointments. The Constitution
also specifically abolishes untouchability. This study the researcher collected secondary data from
different Journals, books, etc and give the details on references.

citizens are equal before law, free from

Introduction
The greatest of all revolution the French discrimination on grounds of caste, creed,
religion, sex, place of birth, and equality of
revolution of 1789 was based on three pillars,
opportunity in education and public
Equality, Fraternity and Liberty. In India to the
appointments. The Constitution also specifically
freedom fight led by M.K.Gandhi projected
abolishes untouchability. The Constitution lay
equality as one of the major themes for Indian
down special provisions for the reservation of
freedom fighting. But after 69 years of Indian
seats in educational institutions, government
Independence how far equality is being
service, PSU service, Parliament and state
practiced in society is a matter of major
legislature for Scheduled castes (SCs) and
concern. Reservation as a practice existed in the
Scheduled Tribes (STs). The same section also
society for more than 2000 years and
defines backward classes but neither gives a
transformed to the new contrary stature in the
satisfactory definition of them nor lays any
post independence period due to the tenacious
specific provisions on their behalf.
efforts of Dr. B.R. Ambedkar, MK Gandhi and
other great leaders. The Constitution of India, The explicit purpose of the reservation
adopted in 1950, defines the nation as a policy was and is to promote social, economic,
Democratic Republic which ensures that All and political equality for Scheduled caste, tribal

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 International Journal of Research (IJR)
e-ISSN: 2348-6848, p- ISSN: 2348-795X Volume 2, Issue 10, October 2015
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peoples, and other lower castes peoples, (i.e. The Award was highly controversial and
OBCs (Other Backward Communities) through opposed by Mahatma Gandhi, who fasted in
positive or compensatory discrimination. By this protest against it. Communal Award was
policy, the leaders of independent India declared supported by many among the minority
their determination to eradicate inequalities. The communities, most notably revolutionary Dr. B.
constitutional delegitimation of caste has had a R. Ambedkar. After lengthy negotiations,
significant impact at all levels of society. Gandhi reached an agreement with Dr.
Nevertheless, the policy has also contributed to Ambedkar (Initially opposed it) to have a single
the progressive strengthening of caste as a major Hindu electorate, with Scheduled caste having
political factor, so that sixty nine years after seats reserved within it. This is called the Poona
independence it still plays a key role in the Pact. Electorates for other religions
working of Indian democracy. like Muslim and Sikh remained separate.
Reservation in India is the process of Present reservation system has a long
setting aside a certain percentage of seats history and has been debated before and after
(vacancies) in government institutions for Indian independence from the British in 1947.
members of backward and under-represented Reservations in favour of Backward Classes
communities (defined primarily by caste and (BCs) were introduced long before
tribe). Reservation is a form of quota- independence in a large area, comprising the
based affirmative action. Reservation is Presidency areas and the Princely states south of
governed by constitutional laws, statutory laws, the Vindhyas. In 1882, Hunter Commission was
and local rules and regulations. Scheduled appointed. Mahatma Jyotirao Phule made a
Castes (SC), Scheduled Tribes (ST) and Other demand of free and compulsory education for
Backward Classes (OBC) (and in some states Smrti along with proportionate representation in
Backward Classes among Muslims under a government jobs. In 1891, there was a demand
category called BC(M) )are the primary for reservation of government jobs with an
beneficiaries of the reservation policies under agitation (in the princely State of Travancore)
the Constitution with the object of ensuring a against the recruitment of non-natives into
"level" playing field. public service overlooking
qualified native people. In 1901, reservations
were introduced in Maharashtra (in the Princely
History of the reservations system: State of Kolhapur) by Shahu
In August 1933, the then Prime Minister Maharaj. Chatrapati Sahuji Maharaj, Maharaja
of Britain, Ramsay Macdonald gave his 'award' of Kolhapur in Maharashtra introduced
known as the Communal Award. According to reservation in favour of non-Brahmin and
it, separate representation was to be provided for backward classes as early as 1902. He provided
the Muslims, Sikhs, Indian Christians, Anglo- free education to everyone and opened several
Indians, Europeans, Scheduled caste. The hostels in Kolhapur to make it easier for
depressed classes were assigned a number of everyone to receive the education. He also made
seats to be filled by election from special sure everyone got suitable employment no
constituencies in which voters belonging to the matter what social class they belonged. He also
depressed classes only could vote. appealed for a class-free India and the abolition
of untouchability. The notification of 1902
created 50% reservation in services for

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 International Journal of Research (IJR)
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backward classes/communities in the State A common form of past discrimination

of Kolhapur. This is the first official instance in India was the practice of untouchability.
(Government Order) providing for reservation Scheduled Castes (SCs) are the primary targets
for depressed classes in India. of the practice, which is outlawed by the
Constitution of India.
In 1908, reservations were introduced in
favour of a number of castes and communities The primary stated objective of the
that had little share in the administration by the Indian reservation system is to increase the
British. There were many other reforms in opportunities for enhanced social and
favour of and against reservations before the educational status of the underprivileged
Indian Independence itself. communities and thus uplift their lifestyle to
have their place in the mainstream of Indian
Even after the Indian Independence there were
society. The reservation system exists to provide
some major changes in favour of the STs, SCs
opportunities for the members of the Scheduled
and OBCs. One of the most important occurred
Castes and Scheduled Tribes to increase their
in 1979 when the Mandal Commission was
political representation in the State Legislatures,
established to assess the situation of the socially
the Executive Organ of the Union (Centre) and
and educationally backward classes. The
States, the labour force, schools, colleges, and
commission did not have exact figures for a sub-
other public institutions.
caste, known as the Other Backward Class
(OBC), and used the 1930. Census data, further The Constitution of India states in article
classifying 1,257 communities as backward, to 16(4): "Nothing in [article 16] or in clause (2) of
estimate the OBC population at 52%. In 1980 article 29 shall prevent the State from making
the commission submitted a report, and any special provision for the advancement of
recommended changes to the existing quotas, any socially and educationally backward classes
increasing them from 22% to 49.5%. As of of citizens or for the Scheduled Castes and the
2006 number of castes in backward class list Scheduled Tribes." Article 46 of the
went up to 2297 which is the increase of 60% Constitution states that "The State shall promote
from community list prepared by Mandal with special care the educational and economic
commission. But it wasn't until the 1990s that interests of the weaker sections of the people,
the recommendations of the Mandala and, in particular, of the Scheduled Castes and
Commission were implemented in Government the Scheduled Tribes, and shall protect them
Jobs by Vishwanath Pratap Singh. from social injustice and all forms
of exploitation."
The concept of untouchability was not
practised uniformly throughout the country; Today, out of 543 seats in India's
therefore the identification of oppressed parliament, 84 (15.47%) are reserved for
classes was difficult to carry out. Allegedly, the SC/Dalits and 47 (8.66%) for ST/Tribes.
practice of segregation and untouchability Allocation of seats for Scheduled Castes and
prevailed more in the southern parts of India as Tribes in the Lok Sabha are made on the basis
opposed to in Northern India. Furthermore, of proportion of Scheduled Castes and Tribes in
certain castes or communities, considered the State concerned to that of the total
"untouchable" in one province were not in other population, vide provision contained in Article
provinces. 330 of the Constitution of India read with
Section 3 of the R. P. Act, 1950.
Background of caste based reservation:

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In 1982, the Constitution specified 15% Right To Equality- The Article 14 of

and 7.5% of vacancies in public sector and the Constitution is one of the fundamental rights
government-aided educational institutes as a of the Constitution of India. Let us now know
quota reserved for the SC and ST candidates about this Article. Article 14 of
respectively for a period of five years, after the Constitution reads: The state shall not deny
which the quota system would be reviewed. to any person equality before the law or the
This period was routinely extended by the equal protection of the laws within the territory
succeeding governments. The Supreme Court of of India" What do the two phrases in
India ruled that reservations could not exceed this Article namely equality before the law
50% (which it judged would violate equal and equal protection of law mean? On the
access guaranteed by the Constitution) and put a face of it the two phrases may seem to be
cap on reservations. identical, but in fact, they mean different things.
While Equality before the law is
However, there are states laws that
negative concept; equal protection of laws is a
exceed this 50% limit and these are under
positive one. The former declares that everyone
litigation in the Supreme Court. For example,
is equal before law, that no one can claim
the caste-based reservation stands at 69% and
privileges and that all classes are equally subject
the same is applicable to about 87% of the
to the ordinary law of the land. Equal
population in the State of Tamil Nadu. In 1990,
protection of Law, on the other hand means
Prime Minister V. P. Singh announced that 27%
that among equals, the law should be equal and
of government positions would be set aside for
equally administered. That like should be
OBCs in addition to the 22.5% already set aside
treated as like. Or in other words, persons
for the SCs and STs.
differently circumstanced need not be treated in
Constitutional Provisions
the same manner. For example Equal
Every Constitution has philosophy of its
protection of Law does not mean that every
own. The Preamble of
person shall be taxed equally, but that persons
our Constitution proclaims the resolution of
under the same category should be taxed by the
people of India to constitute India into a
same standard. The guarantee of equal
Sovereign, Socialist, Secular and Democratic
protection thus is a guarantee of equal
Republic and to secure to all its citizens:
treatment of persons in equal circumstances
Justice, social, economic and political;
permitting differentiation in different
Liberty of thought, expression, belief, faith and
circumstances. If there were a reasonable basis
worship; Equality of status and opportunity; and
for classification, the legislature would be
to promote among them all ; Fraternity assuring
entitled to make different treatment. Thus, the
the dignity of the individual and the unity and
legislature may (i) exempt certain classes of
integrity of the Nation. The ward 'social justice'
property from taxation at all, such as charities,
in the Preamble implies recognition of greater
libraries etc; (ii) impose different specific taxes
good to a larger number without deprivation of
upon different trades and profession.
legal rights of anybody. The concept of equality,
The Constitution of India states in
enshrined in the Preamble has also found
Article 15(4): "All citizens shall have equal
expression as a fundamental right in Article 14
opportunities of receiving education. Nothing
to 16, which we shall discuss in the next section.
herein contained shall preclude the State from
providing special facilities for educationally

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 International Journal of Research (IJR)
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backward sections (not "communities") of the class of vacancies shall not be considered
population. Emphasis and parentheses added. It together with the vacancies of the year in which
also states that The State shall promote with they are being filled up for determining the
special care the educational and economic ceiling of fifty percent reservation on total
interests of the weaker sections of society (in number of vacancies of that year
particular, of the scheduled castes and (Constitutional 81st Amendment, - Act, 2000).
aboriginal tribes), and shall protect them from The Constitution prohibits discrimination
social ''injustice'' and all forms of exploitation." (Article 15) of any citizen on grounds of
The Article further states that nothing in Article religion, race, caste, etc.; untouchability (Article
15(4) will prevent the nation from helping SCs 17); and forced labour (Article 23). It provides
and STs for their betterment up to the level for specific representation through reservation
enjoyed by the average member of other of seats for the SCs and the STs in the
communities. ( Laskar, Mehbubul Hassan 2011) Parliament (Article 330) and in the State
In 1982, the Constitution specified 15% and Legislative Assemblies (Article 332), as well as,
7.5% of vacancies in public sector and in Government and public sector jobs, in both
government-aided educational institutes as a the federal and state Governments (Articles
quota reserved for the SC and ST candidates 16(4), 330(4) and 335). (Sukhadeo Thorat and
respectively for a period of five years, after Chittaranjan Senapati 2006).
which the quota system would be reviewed. The Present Status:
This period was routinely extended by the After introducing the provision for
succeeding governments. reservation once, it got related to vote bank
Article 15(4) states that: Nothing in this politics and the following governments and the
Article shall prevent the State from making any Indian Parliament routinely extended this
provision for the reservation of appointments or period, without any free and fair revisions.
posts in favour of any backward class or Later, reservations were introduced for other
citizens, which, in the opinion of the State, is sections as well. The Supreme Court ruling that
not adequately represented in the services under reservations cannot exceed 50% (which it
the State. Article 16(4 A) states that: Nothing judged would violate equal access guaranteed
in this article shall prevent the State from by the Constitution) has put a cap on
making any provisions for reservation in the reservations. The central government of India
matter of promotion to any class or classes of reserves 27% of higher education, and
posts in the services under the State in favour of individual states may legislate further
SCs and STs which in the opinion of the State reservations. Reservation in most states is at
are not adequately represented under the State 50%, but certain Indian states like Rajasthan
(Constitutional 77th Amendment, - Act, 1995). have proposed a 68% reservation that includes a
Article 16 (4 B) states that: Nothing in 14% reservation for forward castes in services
this article shall prevent the State from and education. However, there are states laws
considering any unfilled vacancies of a year that exceed this 50% limit and these are under
which are reserved for being filled up in that litigation in the Supreme Court. For example,
year in accordance with any provision for the caste-based reservation fraction stands at
reservation made under clause (4) or clause 69% and is applicable to about 87% of the
(4A) as a separate class of vacancies to be filled population in the state of Tamil Nadu.
up in any succeeding year or years and such

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Arguments Offered By Supporters of and social support they receive in pursuit of

Reservation: these aspirations. Second, there may be
Reservations are a political necessity in objectives difference in economic and other
India returns to education for different castes. For e.g.
Although Reservation schemes do an upper caste boy with good social connections
undermine the quality of education but often has a better chance of finding a well-paid
still Affirmative Action has helped many job than a low-caste boy with more or similar
if not everyone from under-privileged educational qualifications.
and/or under-represented communities to Third, children from disadvantaged
grow and occupy top positions in the castes are still discriminated against the
worlds leading industries. schooling system. Example: teachers refusing to
Although Reservation schemes do touch low-caste children, children from
undermine the quality, they are needed particular castes being special targets of verbal
to provide social justice to the most abuse and physical punishment by the teachers,
marginalized and underprivileged which and low-caste children being frequently beaten
is their human right. by higher-caste classmates. Fourth, in higher /
Meritocracy is meaningless without top undergraduate and graduate institutions in
equality. First all people must be brought India, such as the IIT, the IIM, that are among
to the same level, whether it elevates a the most selective in the world, it is not
section or decelerates another, regardless surprising that most reservation criteria are
of merit. applied at the stage of entrance examinations for
Reservations have only slowed down the these institutions. Some of the criteria are
process of Forward becoming richer relaxed for reserved categories, while others are
and backward becoming poorer. completely eliminated. Examples include: The
minimum high school marks criteria are relaxed
Impact of Reservation for reserved seats. For example, in IIT JEE,
From another perspective, the fact that reserved category candidates scoring about 65%
literacy rates among the disadvantaged castes of the last admitted general category candidate
(particularly the Scheduled Caste) are much are directly offered admission. Candidates not
lower than average is well-known. What is less meeting this cut off but scoring as low as half of
clear is why this contrast happens to be so sharp this are offered admission to a one year
and resilient, even when different castes share preparatory course. In AIIMS, for example
the same schooling facilities. Economic SC/ST students are eligible only if they score
deprivations among the disadvantaged castes 50%. But this 50% is not mandatory for the
helps to explain this pattern, but there is much institute quota, and on an occasion, the
evidence of a strong case basis in literacy rates Honourable High Court of Delhi had found that
even at a given level of income. This basis has "AIIMS students, who had secured as low as
several possible roots. First, the traditional 14% or 19% or 22% in the (all-India) entrance
upper caste view that education is not examination got admission to PG courses.
appropriate for the lower castes continues to It is important to note, however, that the
have some social influence. This view is bound criteria required to graduate from an institution
to reduce the educational aspirations of children are never relaxed; the thus admitted students
from the disadvantaged castes, and the parental finding it difficult to get pass marks to come out

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of the programs successfully. Generally, the specified in Article 30, should, in all
percentage of students passing from the top circumstances, be protected. This Article has a
institutions is 87% to 95 % (approx) and most of great historical necessity. Therefore, it cannot be
those who fail are from the reserved categories. deleted, he said.
When there are students in the same class of All over India, minorities do run a few
different intellectual levels (the student scoring exceptionally dedicated institutions, helping the
1st rank and the student scoring the lowest poor and bringing social justice, but most of
rank), it will be difficult for the professors to go them are profit-making machines. The cries to
ahead in the same pace and rhythm in the class. include minority institutions are raised loudly
The drop outs will be those from the backward because the private institutions are better
and weaker sections. managed than the government-owned
Merits institutions. But when we look at the minority
After the Bill 104, opinions are clearly institution statistics, the institutions owned by
divided between those who feel that the the SC/ST management are negligibly small and
reservations are nothing but a political gimmick those by the minority communities linguistically
and should be opposed at all cost, and those who are more. Then who is having the major chunk?
say the move will genuinely help lift the status Are these minority institutions really protecting
of backward classes. If it is true, why the state the rights of minorities? Are they upholding the
of Kerala was able to provide this nation with a noble cause of reservation?
President and a Supreme Court Chief Justice Conclusion
from the Scheduled Caste community? Why in Reservations are intended to increase the
the literacy situation in India, Kerala is distinct social diversity in campuses by lowering the
from others? Kerala is the place where the first entry criteria for certain identifiable groups that
Dalit School came up at Venganoor in are grossly under-represented in proportion to
Trivandrum district of Kerala. In 1904, Shri. their numbers in the general population. Caste is
Ayyankali started the school entry struggle the most used criteria to identify under-
which resulted in this. Other major development represented groups. However, there are other
in terms of the social status was due to the identifiable criteria for under-representation:
Temple entry proclamation done by the His gender (women), state of domicile (North
Highness Shri Chitira Thirunal Balarama Varma Eastern States, as Bihar and Uttar Pradesh),
in 1936. He abolished the ban on low caste rural people, etc. are under-represented, as
people or avarnas from entering Hindu temple revealed by the Government of India sponsored
in the state of Travancore (now a part of National Family Health and National Sample
Kerala). surveys.
Demerits The underlying theory is that the under-
Demerits are that the politicians are representation of the identifiable groups is a
manufacturing fertile ground to sow, nurture legacy of the Indian caste systems. After India
and harvest the evils of separatism, keep people gained independence, the Constitution of India
divided on religious grounds. The Human listed some erstwhile groups as Scheduled
Resource Development Minister, who moved Castes (SC) and Schdeuled Tribes (ST). The
the Bill 104, could not hide his glee when he framers of the Constitution believed that, due to
replied to the BJP on why minority institutions the caste system, SCs and the STs were
cannot be included. Minority rights, as historically oppressed and denied respect and

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equal opportunity in Indian society and were

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