This Article is written by Amra Naushad Qazi and Khusbu Pasbola.
Reservation in India means to reserve the seats in the government jobs, educational intuitions and even legislature for certain sections of the population which are SC, ST, OBC, and EWS. They are popularly known as the ‘depressed class’. This term is coined by the father of our constitution Dr B.R. Ambedkar who indefatigably work hard for their upliftment. The reservation quota in India for government jobs and higher education institutions is 7.5% for ST, 15% for SC, 27% for OBC and 10% for EWS.
The Manu smriti lays down the various forms in which the society is divided on the basis of occupation which slowly emerged as the caste system. Since time immemorial, discrimination is practised in societies. To overcome this, Morley-Minto reforms came with the concept of ‘communal Award’ that is to separate electorates for different sections such as Hindu, Muslims, Anglo-Indians etc. Later on, Poona Pact was signed between Dr BR Ambedkar and Mahatma Gandhiji to provide reservation. Part XVI in our constitution deals with SC and ST in central and state legislature. As time move forward the ambit of reservation expand and the ‘Mandal Commission’ headed by B.P Mandal in 1978 was set up. The report proposed the idea in which 27% of seats are reserved for OBC in government jobs and educational institutions.
Indra Sawhney Case introduced the concept of a ‘creamy layer’. The judgement stated that the reservation for backward class should be confined to initial appointment only and not extend to promotion.
The two mains aim to provide reservation as per the constitution of India are the advancement of SC, ST, OBC, and EWS are mentioned in article 15(4), 15(5) and 15(6) respectively and adequate representation of a backward class of in the service under the state article 16(4) and 16(6). The 103rd amendment of 2019 provided a 10% reservation for the ‘economically backward’ section of society. The 104th amendment extended the period of reservation up to 2030. The last amendment of 2021, restore the power of state and government to identify and specify socially and economically backward class. This led to the division of society into class and caste. Recently on 14 September 2021, the Supreme court of India said it would not reopen its decision on granting reservation on the promotional SC and ST. It was for the state to decide whom they want to implement it.
Why do we need reservation?
Does it is the only solution? Article 14 stated out that ‘equal treatment of law’ or ‘equality before the law’ is the clear contradiction of reservation? Why it is still there when it decided to end up with the time period of 10 years. The simple answer lies are that reservation is not harmful but its politicization results in different aspects of our society. It is harmful for metrication as the qualified people not being able to qualify because they have t compete with those competitors who don’t even lie in the competition.
At last, the conclusion is-