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RESERVATION POLICY IN INDIA

PAYAL SINGH BASERA

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The Indian Constitution provides a quota system whereby a certain number of posts in the Government/public sector units, in all public and private educational institutions, (except in the religious/ linguistic minority educational institutions) in order to mitigate backwardness of the socially and educationally backward communities and the Scheduled Castes and Tribes.

INTRODUCTION:

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History of reservation:

2. 1882 - Hunter Commission was appointed. Mahatma Jyotirao Phule made a demand of free and compulsory education for all along with proportionate representation in government jobs.

1. Reservations for the most depressed groups have existed in some form since the days of British rule. These groups are collectively referred to as Dalits, or untouchables ,and Adivassi, or tribal groups, though they are actually composed of hundreds of distinct groups.

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First king in India - implemented Reservation Policy ( Provided 50% Reservation in his state, on 26 July 1902) Revolutionary Legal Reforms.

Greatest supporter and sympathizer of Dr. Ambedkar movement. The Pillar of Social Democracy - (Dr. Ambedkar) Chatrapati Sahuji Maharaj

3. 1902 - Maharaja of Kolhapur in Maharashtra , Chatrapati Sahuji Maharaj introduced reservation in support of backward classes to wipe out poor quality of their life by providing them opportunity in the state government.

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4. The announcement of 1902 formed 50% reservation in services for backward classes in the State of Kolhapur.

5. Because of caste system millions of families in India got ill treatment and no opportunities to rise in society.

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6. 1908-Reservations were introduced in goodwill of a number of castes and communities that had little share in the administration by the British.

7. 1909- Morley- Minto Reforms :Requirements were made in the Government of India Act 1909.

Lord Minto

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In 1906, Lord Morley, the Secretary of State for Indian Affairs, announced in the British parliament that his government wanted to introduce new reforms for India, in which the locals were to be given more powers in legislative affairs.

The following were the main features of the Act of 1909:

A) The number of the members of the Legislative Council at the Center was increased from 16 to 60.

B) The number of the members of the Provincial Legislatives was also increased. It was fixed as 50 in the provinces of Bengal, Madras and Bombay, and for the rest of the provinces it was 30.

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C) The member of the Legislative Councils, both at the Center and in the provinces, were to be of four categories i.e. ex-officio members (Governor General and the members of their Executive Councils), nominated official members (those nominated by the Governor General and were government officials), nominated non-official members (nominated by the Governor General but were not government officials) and elected members (elected by different categories of Indian people).

D) Right of separate electorate was given to the Muslims.

E) At the Center, official members were to form the majority but in provinces non-official members would be in majority.

F) The members of the Legislative Councils were permitted to discuss the budgets, suggest the amendments and even to vote on them; excluding those items that were included as non-vote items. They were also entitled to ask supplementary questions during the legislative proceedings.

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G) The Secretary of State for India was empowered to increase the number of the Executive Councils of Madras and Bombay from two to four.

H) Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.

I) The Governor General was empowered to nominate one Indian member to his Executive Council.

Lord Morley

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8. 1919 - Provisions were made in the Government of India Act 1919.

9. 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.

10. 1935-Indian national congress passes resolution called Poona Pact to allocate separate electoral constituencies for depressed classes. The resolution confirmed -" henceforth, amongst Hindus no one shall be regarded as an untouchable by reason of his birth and they will have the same rights in all the social institutions as the other Hindus have".

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12. 1947-India obtained Independence. Dr. Ambedkar was appointed chairman of the drafting committee for Indian Constitution.

13. 26 th Jan 1950-The Constitution of India came in force.

14. 1951 - In the case of State of Madras Vs. Smt. Champakam Dorairanjan AIR 1951 SC 226 Court has pronounced that caste based reservations as per Communal Award violates Article 15(1).

15. 1st constitutional amendment (Art. 15 (4)) introduced to make judgment invalid.

Dr. B.R Ambedkar

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16. 1953-Kalelkar Commission was established to assess the situation of the socially and educationally backward class.

KAKASAHEB KALELKAR, CHAIRMAN, First Backward Classes Commission, (January 29, 1953)

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.

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17. 1963 - Court has put 50% cap on reservations in the case of M R Balaji v Mysore AIR 1963 SC 649.

18. Tamil Nadu (69%, under 9th schedule) and Rajasthan 68% exceeded this limit.

19. 1979-Mandal Commission was recognized 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%.

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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.

20. 1990-Mandal commission recommendations were implemented by Vishwanath Pratap Singh that a fixed quota of all jobs in the public sector be reserved for the historically disadvantaged classes of the society — provoked nationwide public wrath in 1990.

Vishwanath Pratap Singh

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Rajiv Goswami was a former commerce student at the Deshbandhu College, Delhi University student who had attempted self-immolation to protest against V.P. Singh's implementation of the Mandal Commission recommendations.

RAJEEV GOSWAMI, A Delhi student, immolating himself during anti-Mandal demonstrations in 1990.

He died at age 33 in a hospital in New Delhi on February 24, 2004. His death was due to complications due to his self immolation 14 years earlier.

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Surinder Singh Chauhan was the first student to perform self-immolation while an evening student of Deshbandhu College (Delhi University) on September 24, 1990 to protest against implementation of the Mandal Commission recommendation for reservation to candidates based on birth. He left a suicide note stating that "The responsibility for my death lies with those people who consider reservation a vote bank…..”

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23. 1995-Parliament by 77th Constitutional amendment inserted Art 16(4) (A) permitting reservation in promotions to the Schedule Castes and Schedule Tribes.

21. 1991-Narasimha Rao Government introduced 10% separate reservation for Poor among Forward Castes.

Pamulaparti Venkata Narasimha Rao

22. 1994 Supreme court advised Tamilnadu to follow 50% limit.

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24. 2005 August 12 - The Supreme Court delivered a unanimous judgment by 7 judges on August 12, 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. 2005-93rd Constitutional amendment brought for ensuring reservations

25. To other backward classes and Scheduled castes and Tribes in Private Educational institutions. This effectively reversed the 2005 August Supreme Court judgment.

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26. 9th March 2010 - Women Reservation Bill or the Constitution (108th Amendment) Billpassed in the Upper house, Rajya Sabha.

Women get 33 percent reservation in gram panchayat (meaning village assembly, which is a form of local village government) and municipal elections.

Men consider this preferential treatment of women in India as discrimination against them in admissions to schools, colleges, and universities.

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Failings in the reasons publicized by the government for implementing reservation:

The government has rooted its decision in a survey conducted by the Britishers prior to Independence, on the percentage of the OBCs in the population.

The reserved category candidates occupy nearly 52% of the government jobs today. Then what is the immediate need to increase the quotas?

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FACTS: Reservation in India is given on the basis of caste, sub caste and religion, and political parties are using this method to get the votes.

Reservation policy creates viciousincentives that strengthen traditional caste boundaries and encourage backwardness.

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A competent Brahmin today finds himself or herself handicapped because of the community to which he/she belongs was regarded once as over-represented in the echelons of power. Is there not an injustice here?

Is India really independent?

Right to equality is our fundamental right but I think this is just a written one sentence in the constitution because nobody knows what the meaning of equality is.

General category students is always struggled to get admission in a good college or get a government job but to the reserve students it served by keeping it on a plate.

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WHAT CAN BE DONE???

Indians should learn to ask the political parties and as well as tell them we want reservation in everywhere only based on the collective income of the family not caste or religion.

The poor and needy should be given Reservation Benefits irrespective of caste or religion.

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THANKS FOR LISTENING