RESERVATION: IS IT MEETING THE ASPIRATIONS OF REAL STAKEHOLDERS?

This article was written by Prashant Yadav, a student of S.S. Jain Subodh Law College.

ABSTRACT

The Constitution guarantees equality to all citizens and establishes a rule of non discrimination by the state in any manner. It ensures the state to treat all citizens equally and allows equality of status and opportunity to all and specifically provides that discrimination on the basis of religion, sex, colour, caste or race are impermissible. The high goal was to change over a general public divided on the lines of religion, caste and economic status into a homogenous society.Reservation at the time of independence was meant to accomplish the ultimate goal of development.The essential document of reservation (as it is said) the upliftment of weaker segments in field of education, employment, etc. This article aims to discuss equality and reservation given to us by the constitution and also deals with Mandal Commission and how it influenced the reservation policies and also assesses the reservation policy in the light of Judicial pronouncements and also changing necessities of time and lastly makes an appeal that there is time to reconsider over the reservation approach in an unprejudiced and objective manner.

I.INTRODUCTION

“We came equals into this world, and equals shall we go out of it.”-George Mason

Reservation in India is the process of setting aside a certain percentage of seats (vacancies) in government institutions for members of backward and under-represented communities (defined primarily by caste and tribe). Reservation is a form of quota-based affirmative action. Reservation is administered by protected laws, statutory laws, and nearby standards and controls. Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) are the essential recipients of the reservation approaches under the Constitution – with the protest of guaranteeing a “level” playing field.

The reservation system discovers its root in the well established caste system of India. The caste framework at its introduction to the world was intended to isolate individuals based on their occupation like educating and lecturing (Brahmins), sovereignty and war (Kshatriya) and ultimately business(vaish) however soon it turned into an instrument to partition the general public on station premise, making different dividers between various areas of the general public. Today we stand isolated generally into Hindu, Muslim, SC, ST and OBCs with more current reservations coming up for other diverse segments of the general public like Christians, Kashmiris, Jats, Kashmiri Pandits, Tribals and so forth.

II.CONSTITUTIONAL PROVISONS FOR THE EMPOWERMENT OF DALITS

Reservation policies may prove to do the opposite effect of what it was made out to be, it promotes caste differentiation and special treatment and depriving other groups of equal opportunity. The main goal of the Constitution is to create a casteless society but determining backwardness on the basis of caste would reaffirm the caste system instead of making it wither away.

What the framers Provided:The basic approach was specified in Articles 14[1], 15(1)[2], 16(1)[3] and 16(2)[4].

MANDAL COMMISSION REPORT

The Mandal Commission was set up in India in 1979 by the Janata Party government under Prime Minister Morarji Desai with an order to “distinguish the socially or instructively in reverse. It was going by Indian parliamentarian Bindheshwari Prasad Mandal to consider the topic of seat reservations and standards for individuals to review position segregation, and utilized eleven social, financial, and instructive pointers to decide backwardness. In 1980, the commission’s report insisted the governmental policy regarding minorities in society hone under Indian law whereby individuals from bring down standings (known as Other Backward Classes (OBC) and Scheduled Castes and Tribes) were given selective access to a specific segment of government employments and spaces in state funded colleges, and prescribed changes to these standards, expanding them by 27% to 49.5%.

Suggestions given by Mandal Commission:

• Reservation of 27% jobs for backward classes.
• Socially advanced layer i.e. creamy layer from the said backward class is to be excluded.
• Reservations should confine to initial appointments and not to promotions.
• Total reservation shall not exceed 50%.

The 93rd Constitutional Amendment allows the government to make special provisions for “advancement of any socially and educationally backward classes of citizens”, including their admission in aided or unaided private educational institutions. Gradually this reservation policy is to be implemented in private institutions and companies as well. This move led to opposition from non-reserved category students, as the proposal reduced seats for the General (non-reserved) category from the existing 77.5% to less than 50.5% (since members of OBCs are also allowed to contest in the General category).

The Other Side:

The resort to the Mandal[5]strategy of reservations for the OBCs thus arises from the triple complexity of weak and elitist economic growth experience, reluctance to tackle social backwardness through public policy and the explosive possibilities of adult franchise which allows the numerically larger but socially deprived groups to demand redress.

The conflicting views of the Mandal commission are further aggravated by the legal judgments that have been corrupted by many reasons other than the two conditions discussed before. The example of which is the conflicting case of Meera Kanwaria v. Sunita[6] that supports the orthodox behavior against inter caste marriages by providing acceptance by families a ground of reservation. One more such famous case was the P. A. Inamdar v. State of Maharashtra[7]  that shows the power of reservation in the country which can lead to the addition of articles in the constitution.

III.RESERVATION: UNDERSTANDING THE PAST & PRESENT

We live in a free country and this freedom is a gift of democracy to us. Our constitution gives us the right to freedom and most importantly to exercise this freedom in an equitable manner. At the same time it is incumbent on the part of the state to ensure that equality prevails in all sections of the society.

However in today’s time one of the major roadblocks to this equality is the Reservation System.India being a creating country is as of now confronting numerous difficulties and the reservation framework being one of them. To evacuate casteism it is critical that we battle the reservation framework which alone will lead us to advancement, competency, correspondence and solidarity.

What is surprising is that our constitution clearly is a reservation-friendly constitution but nowhere in the constitution is the term ‘backward classes defined. What actually constitutes a backward class? What are the determinants of a backward class? These questions remain unanswered and it is only with the help of judicial pronouncements that they have been given some meaning.

      The term “backward classes” has not been defined anywhere in the Constitution. In the case of M.R Balaji v. State of Mysore,[8] the Court held that ‘caste’ may be a relevant factor but it should not be the only factor to determine a backward class.Today when a student applies for an admission in any university, the admission forms are filled with questions like ‘Are you SC/ST or OBC or General Category?’ How does it matter which category does he belong to, what matters is his merit. A category cannot decide whether he is eligible for admission or not. Reservation should be purely made on the basis of the economical conditions of the applicant and nothing else. The kind of reservation policy that our government currently follows does nothing but divide the society into different sections.

Is OBC Reservation a Political Gimmick? 

Obviously it is.The thought processes of the government officials in this amusement have been reliably unholy and propelled by an analytics of votes. Be that as it may, to point the finger at legislators for it resembles reprimanding a businessperson for needing to make benefit. This is the rationale of market/appointive majority rule government: the dread of losing clients/voters makes a businessperson/legislator serve the clients/natives. mous.

IV.TIME TO MAKE INDIA A NO RESERVATION COUNTRY

Reservation ought not be neglected in light of the fact that truth be told, everybody needs that society ought to create all in all and everybody ought to receive the rewards of improvement. While keeping aside the ravenousness of political mileage and ponder where things have turned out badly. It appears that no one truly thinks about the welfare of the underdog however needs to pick up a touch of the extensive piece of political lift for the following races. For example, it can be founded on financial status or whatever else that can work really for our general public and state.

For what reason not consider reservation in the Indian cricket group? Of each six batsmen, two ought to be from the saved classification and from the four bowlers, two should originate from the saved class, the wicket-guardian in each fourth amusement ought to be a SC/ST/OBC. Would this be able to be conceivable? Will it influence us to win the World Cups? As indicated by the general population – no; as indicated by government officials – yes.

Dr BR Ambedkar, Mayawati, Abhijeet Sawant, PT Usha, we all know these notable people of society. They are all known for their distinguished effort and hard work. But do their caste or social backwardness has to do anything with their work as they all belong to the weaker sections of society? Are they at their stature because their caste had a reservation? Indeed the answer to all these questions is ‘NO’.

Politicians will never understand will never comprehend what it is to get advanced education in India. Since their own kids go to the US,UK, Australia, Europe and other remote nations for education.

V.SUGGESTIONS

Reservations are nothing but means to prosper the vote banks of politicians. They are hindering the nation’s development, advancement and competency in all perspectives. On one hand the preamble[9]of our constitution states that we are a free, democratic and sovereign nation and on the other hand reservation system is chaining all these aspects into its clutches. It is making divergence and contrasts among the general population.

It was to be for a short period of time to correct a certain Evil which has taken place injustice and thought for a certain period of time and given certain segment of people extra advantage so that they can come level with the rest of the society but unfortunately we have not been able to fulfill this vision. Any kind of reservation if lasts for too long it will lead for more discriminatory process.Youth have a lot to play to solve this problem. It needs to be reviewed by society every few year but only on electoral basis whether we win election or not. A policyhave to come at National level that it is selective across the nation.It is high time that the judiciary should move to step further and say “no reservation” in higher education, which is so important for the greater progress of the nation.Let us make the peoples’ right to education and standard of education vibrant, striving toward “excellence so that the nation constantly rises to the highest levels of endeavor and achievement”.

VI.CONCLUSION

The way reservation has been executed every one of these years has developed and bothered the station refinements in the general public, underestimated poor people and the penniless and has profited just the highest layer of the alleged Backward classes. The advantage of reservation has neglected to stream down to the most reduced segment of the general public. In addition, it has executed the soul of fraternity and sound rivalry, the want to surge forward and to buckle down.Indian can take a lesson from the United States in this regard where they have abandoned the quota system for affirmative action. They have put in place a point system under which candidates from Blacks, backward regions, immigrants etc., are given a few extra point in admission and appointment procedures.

Let us believe in what Mahavira has said:

“If you want to cultivate a habit, do it without any reservation till it is firmly established.”

We have to recognize the ones who are extremely penniless, oppressed and under favored. Legitimacy ought to be the criteria in light of the fact that the nation needs the best of its kin keeping in mind the end goal to create and not the individuals who are outfitting the outlandish and undeserved advantages since they have a place with an area of society which has been fortunately set apart in the Constitution as immature.

John Rawls:“those who are at the same level of talent and ability and have the same willingness to use them should have the same prospects of success regardless of their initial place in the social system.”

[1] INDIA CONST. art. 14.

[2] INDIA CONST. art. 15, cl. 1.

[3] INDIA CONST. art. 16, cl. 1.

[4] INDIA CONST. art. 16, cl. 2.

[5] Mandal Commission was established in 1979 by the Janata Party government under Prime Minister Morarji Desai.

[6]Meera Kanwaria v. Sunita, AIR 2006 S.C .597(India).

[7] Appeal (civil) 5041 of 2005.

[8]M. R. Balaji and Others v. State of Mysore, AIR 1963 S.C. 649 (India).

[9] WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the 2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twentysixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.