lm 2 repaired)

8/4/2019 Lm 2 Repaired)

1/21

[1]

RESERVATIONS IN INDIA

RITWIZ RISHABH

2010-2015

B.A.LL.B

02316503810

UNIVERSITY SCHOOL OF LAW AND LEAGAL STUDIES

GURU GOVIND SINGH INDRAPRASTHA UNIVERSITY

DELHI-110403


2/21


3/21

[3]

INDEX

1. INTRODUCTION 4 - 5

2. HISTORY 6

3. TIMELINE 7 9

4. JUDGEMENTS RELATED TO RESERVARTION 10 13

5. TYPES OF RESERVATION 13 16

6. RELAXATIONS 17

7. ARGUMENTS AND SUGGESTIONS 18 - 21


4/21

[4]

INTRODUCTION

Reservation means the act of reserving; a keeping back or withholding or something that is kept back or

withheld or a limiting qualification, condition, or exception.

Since the time before the independence of India, there were many small classes or groups in country,

who were badly oppressed by the upper classes or the rulers of colonial India. This oppression forced

these minority classes to remain in status quo, resulting in there backwardness due to no social and

educational growth. Most of these groups were result of the wrong interpretation of Indias Ancient Caste

System or the Varna System. These groups were mainly of lower castes people and people of backward

communities, now known as SC, ST and OBCs.

After the independence of India, Indian Government now provides for a quota system whereby a

percentage of posts are reserved in employment in Government and in the public sector units, and in all

public and private educational institutions, except in the religious/ linguistic minority educationalinstitutions, in order to mitigate backwardness of the socially and educationally backward

communities and lower classes, who do not have adequate representation in these services and

institutions or the society. The reservation policy is also extended to the Scheduled Castes and

Scheduled Tribes for representation in the Parliament of India, as without the political involvement they

cant totally come out of there backwardness.

The central government of India reserves 27% of the seats in the higher educational institution for the

SC, ST and OBCs. Apart from this individual State Governments may increase the reservation

percentage further in there respective states. Reservation cannot be exceeded 50%, as per the rulings

given by the Supreme Court, but certain Indian states like Rajasthan have proposed a 68 % reservation

which includes a 14% reservation for forward castes.

Reservations are intended to increase the social diversity in campuses and workplaces by lowering the

entry criteria for certain identifiable groups that are grossly under-represented in proportion to their

numbers in the general population. Caste is the most used criteria to identify under-represented groups.

However there are other identifiable criteria for under-representationgender (women are under

represented), state of domicile (North Eastern States, as Bihar and Uttar Pradesh are under-

represented), rural people, etc. -- as revealed by the Government of India sponsored National Family

Health and National Sample surveys.

The underlying theory is that the under-representation of the identifiable groups is a legacy of the Indian

caste system. After India gained independence, the Constitution of India listed some erstwhile groups

as Scheduled Castes (SC) and Scheduled Tribes (ST). The framers of the Constitution believed that, due

to the caste system, SCs and the STs were historically oppressed and denied respect and equal
http://en.wikipedia.org/wiki/Backward_classhttp://en.wikipedia.org/wiki/Backward_classhttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Rajasthanhttp://en.wikipedia.org/wiki/Indian_caste_systemhttp://en.wikipedia.org/wiki/Indian_caste_systemhttp://en.wikipedia.org/wiki/Constitution_of_Indiahttp://en.wikipedia.org/wiki/Scheduled_Casteshttp://en.wikipedia.org/wiki/Scheduled_Tribeshttp://en.wikipedia.org/wiki/Scheduled_Tribeshttp://en.wikipedia.org/wiki/Scheduled_Casteshttp://en.wikipedia.org/wiki/Constitution_of_Indiahttp://en.wikipedia.org/wiki/Indian_caste_systemhttp://en.wikipedia.org/wiki/Indian_caste_systemhttp://en.wikipedia.org/wiki/Rajasthanhttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Backward_classhttp://en.wikipedia.org/wiki/Backward_class


5/21

[5]

opportunity in Indian society and were thus under-represented in nation-building activities. The

Constitution laid down 15% and 7.5% of vacancies to government aided educational institutes and for

jobs in the government/public sector, as reserved quota for the SC and ST candidates respectively for a

period of five years, after which the situation was to be reviewed. This period was routinely extended by

the succeeding governments.

Later, reservations were introduced for other sections as well. The Supreme Court ruling that reservations

cannot exceed 50% (which it judged would violate equal access guaranteed by the Constitution) has put

a cap on reservations. However, there are states laws that exceed this 50% limit and these are under

litigation in the Supreme Court. For example, the caste-based reservation fraction stands at 69% and is

applicable to about 87% of the population in the state of Tamil Nadu and the 68% purposed by the state

of Rajasthan (mentioned above) .


6/21

[6]

History

Reservations in favour of Backward Classes (BCs) were introduced long before Independence in a large

area, comprising the Presidency areas and the Princely States south of the Vindhyas. Chatrapati Sahuji

Maharaj, Maharaja of Kolhapur in Maharashtra introduced reservation in favour of backward classes asearly as 1902 to eradicate poverty from amongst them and to give them their due share in the State

administration. The notification of 1902 created 50% reservation in services for backward

classes/communities in the State of Kolhapur. This notification is the first Government Order providing for

reservation for the welfare of depressed classes in India.

The concept of untouchability was not practiced uniformly throughout the country; the identification of

oppressed classes was not an easy task. The practice of segregation and untouchability prevailed more

in the southern parts of India and was more diffused in Northern India. An additional complexity is that

there are certain castes/ communities, which are considered as untouchables in one province but not in

other provinces. Some castes, based on traditional occupations, find place in both Hindu and non-Hindu

communities. Listing of castes has had a long history, starting from the earliest period of our history with

Manu. Medieval chronicles contain description of communities located in various parts of the country.

During the British colonial period, l istings were undertaken after 1806, on an extensive scale. The process

gathered momentum in course of the censuses from 1881 to 1931.

The Backward Classes movement also first gathered momentum in South India particularly in Tamil

Nadu. The continuous efforts of some of the social reformers of the country like Jyotiba Phule and B.R.

Ambedkar, completely demolished the wall created by the upper classes between them and the

untouchables.

India is divided into many endogamous groups, or castes and sub-castes, as a result of centuries of

practicing a form of social hierarchy called the caste system. Proponents of reservation policy says that

the traditional caste system, as it is practised, leads to severe oppression and segregation of the lower

castes and limited their access to various freedoms, including education. Caste, according to ancient

scriptures such as "Manu Smriti", is "Varnasrama Dharma", which translates to "offices given according to

class or occupation". "Varna" in Varnasrama (Varna + Ashrama) is not to be confused with the same word

meaning 'colour'. The practice of caste in India followed this rule.
http://en.wikipedia.org/wiki/Endogamous_grouphttp://en.wikipedia.org/wiki/Casteshttp://en.wikipedia.org/wiki/Indian_caste_systemhttp://en.wikipedia.org/wiki/Oppressionhttp://en.wikipedia.org/wiki/Geographical_segregationhttp://en.wikipedia.org/wiki/Educationhttp://en.wikipedia.org/wiki/Manu_Smritihttp://en.wikipedia.org/wiki/Varnashttp://en.wikipedia.org/wiki/Varnashttp://en.wikipedia.org/wiki/Varnashttp://en.wikipedia.org/wiki/Varnashttp://en.wikipedia.org/wiki/Manu_Smritihttp://en.wikipedia.org/wiki/Educationhttp://en.wikipedia.org/wiki/Geographical_segregationhttp://en.wikipedia.org/wiki/Oppressionhttp://en.wikipedia.org/wiki/Indian_caste_systemhttp://en.wikipedia.org/wiki/Casteshttp://en.wikipedia.org/wiki/Endogamous_group


7/21

[7]

Time Line

1882 - Hunter Commissionappointed. Mahatma Jyotiba Phule made a demand of free and

compulsory education for all along with proportionate reservation/representation in government

jobs.

1891-The demand for reservation of government jobs was made as early as 1891 with an

agitation in the princely State of Travancore against the recruitment of non-natives into public

service overlooking qualified native people.

1901-Reservations were introduced in Maharashtra in the Princely State of Kolhapur by Shahu

Maharaj. Reservations in the princely states of Baroda and Mysore were already in force.

1908-Reservations were introduced in favour of a number of castes and communities that had

little share in the administration by the British.

1909- Provisions were made in the Government of India Act 1909. 1919- Montagu-Chelmsford Reforms introduced.

1919 - Provisions were made in the Government of India Act 1919.

1921-Madras Presidency introduces Communal G O in which reservation of 44 per cent for non-

Brahmins, 16 per cent for Brahmins, 16 per cent for Muslims, 16 per cent for Anglo-Indians/

Christians and eight per cent for Scheduled Castes.

1935-Indian national congress passes resolution called Poona Pact to allocate separate electoral

constituencies for depressed classes.

1935 - Provisions in Government of India Act 1935.

1942-B.R. Ambedkar established the All India Depressed Classes Federation to support the

advancement of the scheduled castes. He also demanded reservations for the Scheduled castes

in government services and education.

1946- 1946 Cabinet Mission to India proposes proportionate representation with several other

recommendations.

1947-India obtained Independence. Dr. Ambedkar was appointed chairman of the drafting

committee for Indian Constitution. The Indian constitution prohibits discrimination on the grounds

only of religion, race, caste, sex and place of birth. While providing equality of opportunity for all

citizens, the constitution contains special clauses "for the advancement of any socially and

educationally backward classes of citizens or for the Scheduled Castes and the Scheduled

Tribes". Separate constituencies allocated to Scheduled Castes and Tribes to ensure

their political representation for 10 years.(These were subsequently extended for every 10 years

through constitutionalamendments).

1947-1950- Debates of the Constituent Assembly.
http://en.wikipedia.org/w/index.php?title=Hunter_Commission&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Hunter_Commission&action=edit&redlink=1http://en.wikipedia.org/wiki/Mahatma_Jyotirao_Phulehttp://en.wikipedia.org/wiki/Shahu_Maharajhttp://en.wikipedia.org/wiki/Shahu_Maharajhttp://en.wikipedia.org/wiki/Shahu_Maharajhttp://en.wikipedia.org/wiki/Government_of_India_Act_1909http://en.wikipedia.org/wiki/Government_of_India_Act_1909http://en.wikipedia.org/wiki/Montagu-Chelmsford_Reformshttp://en.wikipedia.org/wiki/Government_of_India_Act_1919http://en.wikipedia.org/wiki/Government_of_India_Act_1919http://en.wikipedia.org/wiki/Madras_Presidencyhttp://en.wikipedia.org/wiki/Indian_National_Congresshttp://en.wikipedia.org/wiki/Poona_Pacthttp://en.wikipedia.org/wiki/Government_of_India_Act_1935http://en.wikipedia.org/wiki/B._R._Ambedkarhttp://en.wikipedia.org/wiki/1946_Cabinet_Mission_to_Indiahttp://en.wikipedia.org/wiki/Indian_Constitutionhttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Race_(classification_of_human_beings)http://en.wikipedia.org/wiki/Castehttp://en.wikipedia.org/wiki/Sexhttp://en.wikipedia.org/wiki/Equal_opportunityhttp://en.wikipedia.org/wiki/Scheduled_Castes_and_Tribeshttp://en.wikipedia.org/wiki/Representation_(politics)http://en.wikipedia.org/wiki/Constitutional_amendmenthttp://en.wikipedia.org/wiki/Constitutional_amendmenthttp://en.wikipedia.org/wiki/Constitutional_amendmenthttp://en.wikipedia.org/wiki/Constitutional_amendmenthttp://en.wikipedia.org/wiki/Representation_(politics)http://en.wikipedia.org/wiki/Scheduled_Castes_and_Tribeshttp://en.wikipedia.org/wiki/Equal_opportunityhttp://en.wikipedia.org/wiki/Sexhttp://en.wikipedia.org/wiki/Castehttp://en.wikipedia.org/wiki/Race_(classification_of_human_beings)http://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Indian_Constitutionhttp://en.wikipedia.org/wiki/1946_Cabinet_Mission_to_Indiahttp://en.wikipedia.org/wiki/B._R._Ambedkarhttp://en.wikipedia.org/wiki/Government_of_India_Act_1935http://en.wikipedia.org/wiki/Poona_Pacthttp://en.wikipedia.org/wiki/Indian_National_Congresshttp://en.wikipedia.org/wiki/Madras_Presidencyhttp://en.wikipedia.org/wiki/Government_of_India_Act_1919http://en.wikipedia.org/wiki/Montagu-Chelmsford_Reformshttp://en.wikipedia.org/wiki/Government_of_India_Act_1909http://en.wikipedia.org/wiki/Shahu_Maharajhttp://en.wikipedia.org/wiki/Shahu_Maharajhttp://en.wikipedia.org/wiki/Mahatma_Jyotirao_Phulehttp://en.wikipedia.org/w/index.php?title=Hunter_Commission&action=edit&redlink=1


8/21

[8]

26/01/1950-The Constitution of India came in force.

1953-Kalelkar Commission was established to assess the situation of the socially and

educationally backward class. The report was accepted as far as Scheduled Castes and

Scheduled Tribes were concerned. The recommendations for OBC's were rejected.

1956-Schedules amended as per Kaka Kalelkar report.

1976-Schedules amended.

1979-Mandal Commission was established to assess the situation of the socially and

educationally backward. The commission didn't have exact figures for a sub-caste, known as

the Other Backward Class(OBC), and used the 1930 census data, further classifying 1,257

communities as backward, to estimate the OBC population at 52%.

1980-the commission submitted a report, and recommended changes to the existing quotas,

increasing them from 22% to 49.5%.As of 2006 number of castes in Backward class list went up

to 2297 which is the increase of 60% from community list prepared by Mandal commission.

1990-Mandal commission recommendations were implemented in Government Jobs

by Vishwanath Pratap Singh. Student Organisations launched nationwide agitations. Rajiv

Goswami , a Delhi university student attempted self-immolation. Many students followed suit.

1991-Narasimha Rao Government introduced 10% separate reservation for Poor Among Forward

Castes.

1992-Supreme court upheld reservations to other backward classes in Indira Sawhney Case.

1995-Parliament by 77th Constitutional amendment inserted Art 16(4) (A) permitting reservation

in promotions to the Schedule Castes and Schedule Tribes. Later it was further amended toinclude consequential seniority by 85th amendment.

1998-Central Government conducted large nationwide survey for the first time to estimate

economical and educational status of various social groups. The National Sample Survey

Orgnisation puts the figure at 32%. There is substantial debate over the exact number of OBC's

in India, with census data compromised by partisan politics. It is generally estimated to be

sizable, but lower than the figures quoted by either the Mandal Commission or and national

Sample Survey. Mandal commission has been criticised of fabricating the data. National surveys

indicated that status of OBC is comparable to Forward castes in many areas.

12 August 2005 - The Supreme Court delivered a unanimous judgement by 7 judges on 12

August 2005 in the case of P.A. Inamdar & Ors. Vs. State of Maharashtra & Ors. Declaring that

the State can't impose its reservation policy on minority and non-minority unaided private

colleges, including professional colleges.
http://en.wikipedia.org/wiki/Kalelkar_Commissionhttp://en.wikipedia.org/wiki/Mandal_Commissionhttp://en.wikipedia.org/wiki/Other_Backward_Classhttp://en.wikipedia.org/wiki/Racial_quotahttp://en.wikipedia.org/wiki/Vishwanath_Pratap_Singhhttp://en.wikipedia.org/wiki/Rajiv_Goswamihttp://en.wikipedia.org/wiki/Rajiv_Goswamihttp://en.wikipedia.org/wiki/University_of_Delhihttp://en.wikipedia.org/wiki/Self-immolationhttp://en.wikipedia.org/wiki/P._V._Narasimha_Raohttp://en.wikipedia.org/wiki/Sampling_(statistics)http://en.wikipedia.org/wiki/Sampling_(statistics)http://en.wikipedia.org/wiki/P._V._Narasimha_Raohttp://en.wikipedia.org/wiki/Self-immolationhttp://en.wikipedia.org/wiki/University_of_Delhihttp://en.wikipedia.org/wiki/Rajiv_Goswamihttp://en.wikipedia.org/wiki/Rajiv_Goswamihttp://en.wikipedia.org/wiki/Vishwanath_Pratap_Singhhttp://en.wikipedia.org/wiki/Racial_quotahttp://en.wikipedia.org/wiki/Other_Backward_Classhttp://en.wikipedia.org/wiki/Mandal_Commissionhttp://en.wikipedia.org/wiki/Kalelkar_Commission


9/21

[9]

2005- 93rd Constitutional amendment brought for ensuring reservations to other backward

classes and Scheduled castes and Tribes in Private Educational institutions. This effectively

reversed the 2005 August Supreme Court judgement.

2006-Reservations introduced for other backward classes in Central Government Educational

Institutions. Total Reservation went up to 49.5%.

2007-Supreme Court gave stay order on OBC reservation in Central Government Educational

Institutions.

2008The Supreme Court of India on 10 April 2008, upheld the Government's move for initiating

27% OBC quotas in Government funded institutions. The Court has categorically reiterated its

prior stand that "Creamy Layer" should be excluded from the ambit of reservation policy. The

Supreme Court avoided answering the question whether reservations can be made in private

institutions, stating that the question will be decided only as and when a law is made making

reservations in private institutions. The verdict produced mixed reactions from supporting and

opposing quarters.

9th March 2010 - Women Reservation Bill passed in the Upper house, Rajya Sabha.

Several criteria to identify creamy layer has been recommended, which are as follows:

Those with family income above Rs 250,000 a year should be in creamy layer, and excluded from the

reservation quota. Also, children of doctors, engineers, chartered accountants, actors, consultants, media

professionals, writers, bureaucrats, defence officers of colonel and equivalent rank or higher, high court

and Supreme Court judges, all central and state government Class A and B officials. The court has

requested Parliament to exclude MPs and MLAs children, too be excluded from the benefits of

reservation policy.


10/21

[10]

Judgments related to Reservations

Indian Judiciary has delivered some Judgments upholding reservations and some judgments for its

proper implementations. Lot of judgments regarding reservations has been modified subsequently by

Indian parliament through constitutional amendments. Some judgments of Indian judiciary have been notsupported by state and central Governments as; they were against their policies of reservations. Some of

the major judgments given by Indian courts and its implementation details are given below.

Year Judgement Implementation Details

1951

Court has pronounced that caste based

reservations as per Communal Award

violates Article 15(1).

(State of Madras Vs. Smt. Champakam

DorairanjanAIR 1951 SC 226)

1st constitutional amendment (Art. 15 (4))

introduced to make judgement invalid.

1963Court has put 50% cap on reservations in

M R Balaji v Mysore AIR 1963 SC 649

Almost all states except Tamil Nadu (69%,

Under 9th schedule) and Rajasthan (68%

quota including 14% for forward castes,post gujjar violence 2008) has not

exceeded 50% limit. Tamil Nadu exceeded

limit in 1980. Andhra Pradesh tried to

exceed limit in 2005 which was again

stalled by high court.

1992

Supreme court in Indira Sawhney & Ors v.

Union of India. AIR 1993 SC 477: 1992Supp (3) SCC 217 upheld Implementation

of separate reservation for other backward

classes in central government jobs.

Judgement implemented

Ordered to exclude Creamy layer of other

backward classes from enjoyingreservation facilities.

All states except Tamil Nadu implemented.

Recent Reservation bill for providing

reservations to other backward classes in

educational institutions also has notexcluded Creamy layer in some states.

(Still under the consideration of Standing

committee).

Ordered to restrict reservations within

50% limit.All states except Tamil Nadu followed.
http://en.wikipedia.org/wiki/Communal_Awardhttp://en.wikipedia.org/wiki/Communal_Awardhttp://en.wikipedia.org/wiki/State_of_Madras_Vs._Smt._Champakam_Dorairanjanhttp://en.wikipedia.org/wiki/State_of_Madras_Vs._Smt._Champakam_Dorairanjanhttp://en.wikipedia.org/wiki/State_of_Madras_Vs._Smt._Champakam_Dorairanjanhttp://en.wikipedia.org/wiki/Creamy_layerhttp://en.wikipedia.org/wiki/Creamy_layerhttp://en.wikipedia.org/wiki/State_of_Madras_Vs._Smt._Champakam_Dorairanjanhttp://en.wikipedia.org/wiki/State_of_Madras_Vs._Smt._Champakam_Dorairanjanhttp://en.wikipedia.org/wiki/Communal_Award


11/21

[11]

Declared separate reservations foreconomically poor among forward castes

as invalid.

Judgement implemented

1994Supreme court advised Tamil Nadu to

follow 50% limit

Tamil Nadu Reservations put under 9thSchedule of the constitution.

2005

In Unni Krishnan, J.P. & Ors. Vs. State of

Andhra

Pradesh & Ors. (1993 (1) SCC 645), it

was held that right to establish educational

institutions can neither be a trade or

business nor can it be a profession within

the meaning of Article 19(1)(g). This wasoverruled in T.M.A. Pai Foundation v.

State of Karnataka (2002) 8 SCC 481,

P.A.Inamdar v. State of Maharashtra 2005

AIR(SC) 3226 Supreme court ruled that

reservations cannot be enforced on Private

Unaided educational institutions.

93rd constitutional amendment introduced

Art 15(5).

Ashoka Kumar Thakur vs. Union of

India 1. The Constitution (Ninety-Third

Amendment) Act, 2005 does not violate

the "basic structure" of the Constitution so

far as it relates to the state maintained

institutions and aided educational

institutions. Question whether the

Constitution (Ninety-Third Amendment)

Act, 2005 would be constitutionally valid

or not so far as "private unaided"

educational institutions are concerned, is

left open to be decided in an appropriate

case. 2."Creamy layer" principle is one of

the parameters to identify backward

classes. Therefore, principally, the

"Creamy layer" principle cannot be applied

to STs and SCs, as SCs and STs are

separate classes by themselves. 3.

Preferably there should be a review after

ten years to take note of the change of

circumstances. 4. A mere graduation (not

technical graduation) or professional

deemed to be educationally forward. 5.

Principle of exclusion ofCreamy layer

applicable to OBC's. 6. The Central
http://en.wikipedia.org/wiki/Creamy_layerhttp://en.wikipedia.org/wiki/Creamy_layerhttp://en.wikipedia.org/wiki/Creamy_layerhttp://en.wikipedia.org/wiki/Creamy_layer


12/21

[12]

Government shall examine as to the

desirability of fixing a cut off marks in

respect of the candidates belonging to the

Other Backward Classes (OBCs) to

balance reservation with other societal

interests and to maintain standards of

excellence. This would ensure quality and

merit would not suffer. If any seats remain

vacant after adopting such norms they shall

be filled up by candidates from general

categories. 7. So far as determination of

backward classes is concerned, a

Notification should be issued by the Union

of India. This can be done only after

exclusion of the creamy layer for which

necessary data must be obtained by the

Central Government from the State

Governments and Union Territories. Such

Notification is open to challenge on the

ground of wrongful exclusion or inclusion.

Norms must be fixed keeping in view the

peculiar features in different States and

Union Territories. There has to be proper

identification of Other Backward Classes

(OBCs.). 8. The Parliament should fix a

deadline by which time free and

compulsory education will have reached

every child. This must be done within six

months, as the right to free and compulsory

education is perhaps the most important of

all the fundamental rights (Art.21 A). For

without education, it becomes extremely

difficult to exercise other fundamental

rights. 9. If material is shown to the Central

Government that the Institution deserves to


13/21

[13]

be included in the Schedule (institutes

which are excluded from reservations) of

The Central Educational Institutions

(Reservation in Admission) Act, 2006 (No.

5 of 2007), the Central Government must

take an appropriate decision on the basis of

materials placed and on examining the

concerned issues as to whether Institution

deserves to be included in the Schedule of

the said act as provided in Sec 4 of the said

act.


14/21

[14]

Types of Reservation

Seats in educational institutions and jobs are reserved based on a variety of criteria. The quota

system sets aside a proportion of all possible positions for members of a specific group. Those not

belonging to the specific communities can compete only for the remaining positions, while members ofthe designated communities can compete for all positions (reserved and open). For example, when 2 out

of 10 clerical positions in railways are reserved for ex-servicemen, those who have served in the Army

can compete both in the General Category as well as in the specific quota.

Caste based

Seats are reserved for Schedules Castes, Scheduled Tribes, and Other Backward Castes (based chiefly

on caste at birth) in varying ratio by the central government and state government. This caste is decided

based on birth, and can never be changed. While a person can change his religion, and his economic

status can fluctuate, the caste is permanent. If a person from these communities wants to compete in the

general category, he/she can do so by not reveling his/her caste, but later that person can not get the

benefit of the reservation.

In central government funded higher education institutions, 22.5% of available seats are reserved for

Scheduled Caste (Dalit) and Scheduled Tribe (Adivasi) students (15% for SCs, 7.5% for STs). This

reservation percentage has been raised to 49.5%, by including an additional 27% reservation for OBCs.

This ratio is followed even in Parliament and all elections where a few constituencies are earmarked for

those from certain communities. In a few states like Tamil Nadu, the percentage of reservation is 18% forSCs and 1% for STs, being based on local demographics. In Andhra Pradesh, 25% of educational

institutes and government jobs for BCs, 15% for SCs, 6% for STs and 4% for Muslims.

Management quota

Most controversial quota is the Management quota according to the advocators of Pro-caste reservation

people. It is also been seriously criticised by leading educationalists as it is a quota based on economic

status irrespective of caste, race and religion as anybody who has money can buy his seat. It reserves

about 15 % seats in private colleges for the students who are decided by the college management's own

criteria, the percentage of reserved seats vary according to institutions. The criteria involves the collegesown entrance exam or minimum percentage of 10+2 legally. Some institutions also reserve seats under

sponsored category. In this fees of the institution were charged almost 50% more than the normal

charges. Legally it is a category for those students whose fees are paid by any company or registered

firm i.e. the student is getting sponsored.
http://en.wikipedia.org/wiki/Quota_Borda_systemhttp://en.wikipedia.org/wiki/Quota_Borda_systemhttp://en.wikipedia.org/wiki/Quota_Borda_systemhttp://en.wikipedia.org/wiki/Quota_Borda_system


15/21

[15]

Gender based

Women's reservations. Women get 33% reservation in gram panchayat (meaning village assembly, which

is a form of local village government) and municipal elections. There is a long-term plan to extend this

reservation to parliament and legislative assemblies. In addition, women in India get reservation or

preferential treatments in education and jobs. Certain men consider this preferential treatment of women

in India as discrimination against them in admissions to schools, colleges, and universities. For instance,

several law schools in India have a 30% reservation for females. Progressive political opinion in India is

strongly in favor of providing preferential treatment to women in order to create a level playing field for all

of its citizens.

The Women's reservation Bill was passed by the Rajya Sabha on 9 March 2010 by a majority vote of 186

members in favor and 1 against. It will now go to the Lok Sabha, and if passed there, would be

implemented.

Religion based

The Tamil Nadu government has allotted 3.5% of seats each to Muslims and Christians, thereby altering

the OBC reservation to 23% from 30% since it excludes persons belonging to Other Backward Castes

who are either Muslims or Christians. The government's argument is that this sub-quota is based on the

backwardness of the religious communities and not on the religions themselves.

Andhra Pradesh administration has introduced a law enabling 4% reservations for Muslims. This has

been contested in court. Kerala Public Service Commission has a quota of 12% for Muslims. Religious

minority status educational institutes also have 50% reservation for their particular religions. The Central

government has listed a number of Muslim communities as backward Muslims, making them eligible for

reservation.

State of domiciles

With few exceptions, all jobs under state government are reserved to those who are domiciles under that

government. In PEC Chandigarh, earlier 80% of seats were reserved for Chandigarh domiciles and now it

is 50%. Domiciles are now being used by certain institutions for higher education. Example of this

practice can be seen in the various National Law Schools across the country. Here person with state

domiciles were give privilege over others.
http://en.wikipedia.org/w/index.php?title=Women%27s_reservation_Bill&action=edit&redlink=1http://en.wikipedia.org/wiki/Tamil_Naduhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Kerala_Public_Service_Commissionhttp://en.wikipedia.org/wiki/Muslimhttp://en.wikipedia.org/wiki/List_of_Muslim_Other_Backward_Classes_communitieshttp://en.wikipedia.org/wiki/List_of_Muslim_Other_Backward_Classes_communitieshttp://en.wikipedia.org/wiki/Muslimhttp://en.wikipedia.org/wiki/Kerala_Public_Service_Commissionhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Tamil_Naduhttp://en.wikipedia.org/w/index.php?title=Women%27s_reservation_Bill&action=edit&redlink=1


16/21

[16]

Undergraduate colleges

Institutes like JIPMER have a policy of reserving postgraduate seats for those who completed their MBBS

in JIPMER. AIIMS used to reserve 33% of its 120 postgraduate seats for the 40 undergraduate students

meaning everyone who had completed MBBS in AIIMS was assured a postgraduate seat, which was

judged illegal by a Court. Another example is of Jamia University; here certain seats are reserved for the

students who complete there 10+2 from the schools run by Jamia. This is also known as internal

reservation.

Other criteria

Some reservations are also made for:

Sons/Daughters/Grandsons/Grand daughters of Freedom Fighters.

Physically handicapped.

Sports personalities.

Non-Resident Indians (NRIs) have a small fraction of reserved seats in educational institutions. They

have to pay more fees and pay in foreign currency (Note: NRI reservations were removed from IIT in

2003).

Candidates sponsored by various organizations.

Those who have served in the armed forces (ex-serviceman quota).

Dependants of armed forces personnel killed in action.

Those born from inter-caste marriages.

Reservation in special schools of Government Undertakings /PSUs meant for the children of their

employees (e.g. Army schools, PSU schools, etc.).

Paid pathway reservations in places of worship (e.g. Tirupathi Balaji Temple, Tiruthani Murugan

(Balaji) temple).

Seat reservation for Senior citizens/ PH in Public Bus transport.
http://en.wikipedia.org/wiki/Jawaharlal_Institute_of_Postgraduate_Medical_Education_%26_Researchhttp://en.wikipedia.org/wiki/Freedom_Fightershttp://en.wikipedia.org/wiki/Disabilityhttp://en.wikipedia.org/wiki/Non-resident_Indian_and_Person_of_Indian_Originhttp://en.wikipedia.org/wiki/Armed_forceshttp://en.wikipedia.org/wiki/Armed_forceshttp://en.wikipedia.org/wiki/Armed_forceshttp://en.wikipedia.org/wiki/Armed_forceshttp://en.wikipedia.org/wiki/Non-resident_Indian_and_Person_of_Indian_Originhttp://en.wikipedia.org/wiki/Disabilityhttp://en.wikipedia.org/wiki/Freedom_Fightershttp://en.wikipedia.org/wiki/Jawaharlal_Institute_of_Postgraduate_Medical_Education_%26_Research


17/21

[17]

Relaxations

In view of the fact that several of the top undergraduate and graduate institutions in India, such as

the IITs, the IIMs are among the most selective in the world, it is not surprising that most reservation

criteria are applied at the stage of entrance examinations for these institutions. Some of the criteria arerelaxed for reserved categories, while others are completely eliminated. Examples include:

1. The minimum high school marks criteria are relaxed for reserved seats.

2. Age

3. Fees, Hostel Room Rent etc.

It is important to note, however, that the criteria required to graduate from an institution are never relaxed,

although some institutions provide reduced load programs (such as the ones at IITs) to meet the special

needs of these students.
http://en.wikipedia.org/wiki/Indian_Institutes_of_Technologyhttp://en.wikipedia.org/wiki/IIMhttp://en.wikipedia.org/wiki/IIMhttp://en.wikipedia.org/wiki/Indian_Institutes_of_Technology


18/21

[18]

Arguments

There are several arguments provided both in support and in opposition to reservation. Some of the

arguments on either side are often disputed by the other, while others are agreed upon by both sides,

with a possible third solution proposed to accommodate both parties.

Pro- reservation

Reservations are a political necessity in India because vast influential sections of voting population

see reservations as beneficial to themselves. All governments have supported maintaining and/or

increasing reservations. Reservations are legal and binding. As shown by Gujjar agitations

(Rajasthan, 20072008), increasing reservations is also essential for peacekeeping in India.

Although Reservation schemes do undermine the quality of education but still affirmative Action

schemes are in place in many countries including USA, South Africa, Malaysia, Brazil etc. It was

researched in Harvard University that Affirmative Action programmes are beneficial to the under-

privileged. The studies said that Blacks who enter elite institutions with lower test scores and grades

than those of whites achieve notable success after graduation. They earn advanced degrees at rates

identical to those of their white classmates. They are even slightly more likely than whites from the

same institutions to obtain professional degrees in law, business and medicine. They become more

active than their white classmates in civic and community activities.

Although Reservation schemes do undermine the quality of education but still Affirmative Action has

helped many - if not everyone from under-privileged and/or under-represented communities to grow

and occupy top positions in the world's leading industries. Reservation in education is not THE

SOLUTION; it is just one of the many solutions. Reservations are a means to increase representation

of hitherto under-represented caste groups and thereby improve diversity on campus.

Although Reservation schemes do undermine the quality of education but still they are needed to

provide social justice to the most marginalized and underprivileged; it is our duty and their human

right. Reservation will really help these marginalized people to lead successful lives, thus eliminatingcaste-based discrimination which is still widely prevalent in India especially in the rural areas. (about

60% of Indian population stays in Villages)
http://en.wikipedia.org/wiki/USAhttp://en.wikipedia.org/wiki/South_Africahttp://en.wikipedia.org/wiki/Malaysiahttp://en.wikipedia.org/wiki/Brazilhttp://en.wikipedia.org/wiki/Harvard_Universityhttp://en.wikipedia.org/wiki/Harvard_Universityhttp://en.wikipedia.org/wiki/Brazilhttp://en.wikipedia.org/wiki/Malaysiahttp://en.wikipedia.org/wiki/South_Africahttp://en.wikipedia.org/wiki/USA


19/21

[19]

Anti-reservationists have made a gross mix-up between brain-drain and reservation. *Brain-drain is

mainly attributed to the "want" to become rich very fast. Even if we assume that reservation could be

a fraction of the cause, one must understand that brain-drain is a concept which is meaningless

without nationalism, which is separatism from humankind as a whole. If people leave the country

complaining about reservation, they don't have enough nationalism and brain-drain does not apply to

them.

There concerns match with the anti-reservationists about meritocracy. But meritocracy is meaningless

without equality. First all people must be brought to the same level, whether it elevates a section or

de levels another, regardless of merit. After that, we can talk about merit. Forward people have never

known to go backward due to reservations or lack of "meritocracy". Reservations have only slowed

down the process of "Forward becoming richer and backward becoming poorer". In China, people are

equal by birth. In Japan, everyone is highly qualified, so a qualified man finishes his work fast and

comes for labour work for which one gets paid more. So it has been said that the forward people must

be at least happy with the fact that they are white-collared throughout their life.

*Brain drain is simply defined as the mass emigration of technically skilled people from one country to another.


20/21

[20]

Anti-reservation

Caste Based Reservation only preserves the notion of caste in society, rather than weakening it as a

factor of social consideration, as envisaged by the constitution. Reservation is a tool to meet narrow

political ends.

Allocating quotas is a form of discrimination which is contrary to the right to equality.

Reservations reduce elections to quid pro quos pitting castes against each other and fragmenting

Indian society. Granting reservations to groups to get elected because they see it as beneficial to

themselves and threaten to riot is corruption and lack of political resolve. It isn't an argument in favor

of reservations.

The policy of reservation has never been subject to a widespread social or political audit. Beforeextending reservation to more groups, the entire policy needs to be properly examined, and its

benefits over a span of nearly 60 years have to be gauged.

The 60% of India that is rural needs schools, health care and infrastructure in rural areas, not

reservation in urban institutions.

Poor people from "forward castes" do not have any social or economical advantage over rich people

from backward caste. In fact traditionally Brahmins have been poor.

Many cite the Mandal Commission report while supporting the idea of reservations. According to the

Mandal commission, 52% of the Indians belong to OBC category, while according to National Sample

Survey 1999-2000, this figure is only 36% (32% excluding Muslim OBCs).

This policy of the government has already caused increase in brain drain and may aggravate further.

Under graduates and graduates will start moving to universities for higher education.

Anti-reservationist argues that pro-reservation arguments based on US research are not relevant

since US affirmative action does not include quotas or reservations. Explicit quotas or reservations

are illegal in the USA. In fact, even a points system to favor certain candidates was ruled

unconstitutional. Further, affirmative action is essentially banned in the states of California,

Washington, Michigan, Nebraska and Connecticut. The use of the phrase "affirmative action" to

describe the Indian system hides the stark difference between the two systems.
http://en.wikipedia.org/wiki/Discriminationhttp://en.wikipedia.org/wiki/Social_equalityhttp://en.wikipedia.org/wiki/Muslimhttp://en.wikipedia.org/wiki/Brain_drainhttp://en.wikipedia.org/wiki/Brain_drainhttp://en.wikipedia.org/wiki/Muslimhttp://en.wikipedia.org/wiki/Social_equalityhttp://en.wikipedia.org/wiki/Discrimination


21/21

[21]

Most opportunity in modern Indian cities is in businesses that are owned by people who are not from

the highest castes. Being high caste in a city is no advantage.

Other notable suggestions

The following policy changes have been suggested in order to find a solution to the problem.

Suggestions by Sachar Committee

Sachar Committee which has studied the backwardness of Indian Muslims have recommended

following scheme for identifying real backward and needy people.

Marks based on Merit: 60

Marks based on Household Income (Irrespective of caste): 13

Marks based on District in which person studied (Rural/Urban & Region): 13

Marks based on Family occupation and caste: 14

Total Marks: 100

The Sachar Committee has also indicated that OBC Hindus presence in educational institutions is almost

equal to/close to their population. Indian Human Resources Minister has immediately appointed a

committee to study the Sachar Committee recommendations on Indian Muslims but did not offer any

comments regarding the other suggestions. The anomaly that has been detected in this formula is that

there can arise situations in which even the first ranker can be denied admission /appointment, which is

clearly against the principles of natural justice
http://en.wikipedia.org/wiki/Sachar_Committeehttp://en.wikipedia.org/wiki/Sachar_Committee

lm 2 repaired)

Documents