Published on 11 Aug 2024
India's affirmative action policy, featuring a reservation system for historically marginalised communities in education and public employment, aims to promote social justice and equality. However, its effectiveness is debated, with discussions focusing on its success in social upliftment, impact on institutional efficiency, and ability to foster a meritocratic environment.
Types
Reservation percentages vary for different categories and across states.The concept of vertical reservations is enshrined in Article 16(4) of the Indian Constitution,while horizontal reservations are implemented through legislation and executive orders.
Vertical Reservation
Refers to quotas set aside for specific disadvantaged social groups in government jobs, educational institutions, and some elected bodies.
Aims to increase representation of historically marginalised communities like:
Scheduled Castes (SC): Formerly untouchables in the caste system.
Scheduled Tribes (ST): Indigenous communities.
Other Backward Classes (OBCs): Socially and educationally disadvantaged groups
Horizontal Reservation
Applies quotas across all social categories, including the general category
Targets specific disadvantaged groups within society, cutting through vertical categories like
Women
Ex-military personnel
Persons with disabilities (PWD)
Transgender individuals
Reservations for Muslims: Is it based on religion?
The socio-economic backwardness of Muslims, highlighted by the Justice Rajinder Sachar Committee (2006), justifies their inclusion in reservation policies, as they are found to be as backward as SCs and STs, and more so than non-Muslim OBCs.
Historical precedents, such as the introduction of communal reservation in 1952 in Travancore-Cochin state and subsequent sub-quota creation in Kerala, demonstrate that Muslims have been included in reservation quotas due to their socio-economic disadvantage rather than their religion.
Recommendations and actions by various commissions and governments, including the implementation of Muslim reservation within the OBC quota in Karnataka in 1995 and the creation of a 3.5% reservation sub-category in Tamil Nadu in 2007 excluding upper caste Muslims, are based on assessments of Muslim backwardness aiming to address their socio-economic challenges effectively.
Important Case laws
State of Madras v. Champakam Dorairajan (1951)
This landmark case challenged caste-based reservations in educational institutions.
The Supreme Court initially struck down reservations exceeding 50% of total seats. However, this decision was later overturned by the 27th Amendment to the Constitution.
M R Balaji vs State of Mysore (1963)
The court observed that “reservations for Muslims or sections/groups among them do not conflict with secularism, which is part of the Constitution's basic structure.” It also noted that Muslims, Christians, and Sikhs are not excluded from receiving benefits under Articles 15(4) or 16(4).
This case clarified that reservations can be applied to promotions within government services for Scheduled Castes (SCs) and Scheduled Tribes (STs).
State of Kerala vs N M Thomas (1975)
The Supreme Court clarified reservation is considered not an exception to the equality/ non-discrimination clauses of Articles 15(1) and 16(1), but as an extension of equality.
Indra Sawhney case (1992)
The Supreme Court upheld the 27% reservation for OBC, recognizing caste as a determinant of class in India and stating that backwardness cannot be based solely on economic criteria.
To maintain equality, the court fixed a cap of 50% for reservations, allowing exceptions only in extraordinary circumstances. This led to a total reservation of 49.5% which includes OBC (27%), SC (15%), and ST (7.5%).
The court mandated the exclusion of the creamy layer from OBC reservations, setting an income limit currently at ₹8 lakhs per annum.
Additionally, children of parents, either of whom are Group A/Class I officers or both of whom are Group B/Class II officers in government service, are excluded from OBC reservations.
Janhit Abhiyan case (2022)
The court by a majority of 3:2 upheld the constitutional validity of the EWS reservation. It held that economic criteria could be a basis for reservation.
Analysis of Reservation
Positive impacts
Increased Representation in Government Jobs: Reservation policies have led to a significant rise in the number of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in government jobs.
For instance, a 2018 report by the Ministry of Personnel, Public Grievances and Pensions showed that SC representation in government jobs rose from 11.8% in 1987 to 17.49% in 2017
Improved Socioeconomic Conditions:Reservation policies in educational institutions have increased enrollment of students from SC/ST communities.
In 2021-22, higher education enrollment increased to 66.22 lakh for SC students, 27.1 lakh for ST students, and 16.33 lakh for students in the OBC category.
Political Empowerment: Reservations in legislative bodies (Parliament and state assemblies) have provided a political voice to historically marginalised communities. and increased representation of their concerns
For example, the Panchayati Raj system mandates reservation for SCs, STs, and Other Backward Classes (OBCs), ensuring their participation in decision-making at the grassroots level.
Negative impacts
Persistence of Caste-Based Discrimination: Despite reservations, caste-based discrimination persists in workplaces and educational institutions.
Creamy Layer Effect: The concept of a "creamy layer" excludes better-off individuals within reserved categories. However, defining and identifying this layer can be challenging, potentially allowing some to exploit the system while those genuinely in need miss out.
Limited Economic Upliftment: While reservations have increased representation in government jobs, the overall economic disparity between castes hasn't significantly narrowed. Critics argue reservations haven't translated into widespread wealth creation or poverty reduction within these communities.
Quality Concerns in Merit-Based Systems: Reservations can lead to concerns about meritocracy in certain situations. If highly qualified non-reserved candidates are passed over for less qualified reserved candidates, it can raise questions about the quality and efficiency of the system.
Global Examples
In the U.S, Affirmative action includes government-approved and voluntary private programs that grant special consideration to racial minorities such as African-American and Latin-American groups.
In the Fair Admissions vs. Harvard case (2023), the U.S. Supreme Court ruled that race-based affirmative action programs in college admissions violate the equal protection clause of the U.S. Constitution.
In the U.K., the law allows voluntary ‘positive action’ enabling employers to address the under-representation of disadvantaged groups.
France does not implement affirmative action based on race or ethnicity but provides educational measures to increase opportunities for low-income students.
Way Forward
Addressing Historical Discrimination: Affirmative action should continue to focus on balancing the historical discrimination faced by OBC, SC, and ST communities.
Sub-categorisation within OBC: Implement the recommendations of the Rohini Commission, which was established to provide guidance on sub-categorisation among OBC castes. This aims to ensure fair distribution of reserved jobs and educational seats, addressing the current imbalance where 97% of benefits go to just 25% of OBC castes.
Central-Level Sub-categorisation: Although 11 states have implemented sub-categorisation within OBCs, this needs to be carried out at the central level to ensure uniformity and inclusivity.
Addressing SC/ST Benefit Concentration: Recognize and address the issue of concentration of reservation benefits within SC and ST categories. Consider the possibility of introducing measures similar to the ‘creamy layer’ exclusion used for OBCs to ensure more equitable distribution of opportunities.
Inclusion of Dalit Christians and Muslims: Acknowledge the significant discrimination and lack of opportunities faced by Dalit Christians and Muslims. The government should consider the findings of the commission headed by former CJI K. G. Balakrishnan, studying the extension of SC reservation to Dalits who have converted to religions other than Sikhism and Buddhism.
Transparent Reporting: Ensure that findings and reports, such as those by the Rohini Commission, are made public to facilitate informed decision-making and policy implementation.
Short Takes
Mandal Commission: Formed in 1979 ,also known as the Second Backward Classes Commission, it was to identify communities facing social and educational backwardness. The commission aimed to tackle caste-based discrimination by recommending quotas in government jobs and educational institutions for these disadvantaged groups.
Rohini Commission: Formed in 2017, aimed to create sub-categories within India's Other Backward Classes (OBCs) for a fairer distribution of reservation benefits among OBC castes. Led by Justice G. Rohini,it addressed concerns about some OBC groups benefiting more than others.
Polity
Reservation
Mandal Commission
Society