Constitutional Law -Reservation in Educational Institution

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Transcript of Constitutional Law -Reservation in Educational Institution

RESERVATION IN EDUCATIONAL INSTITUTIONS

CHANAKYA NATIONAL LAW UNIVERSITYRESERVATION IN EDUCATIONAL INSTITUTIONSCONSTITUTIONAL LAW-I

SUBMITTED TO:SUBMITTED BY:

Dr. K.K DWIVEDIKUMAR SAURABHCONSTITUTIONAL LAW FACULTYROLL NO: 7549 (5th SEMESTER)

ACKNOWLEDGEMENTAny project completed or done in isolation is unthinkable. This project, although prepared by me, is a culmination of efforts of a lot of people.Firstly, I would like to thank our Constitutional Law Professor, Dr. Krishna Kant Dwivedi for his valuable suggestions towards the making of this project.Further to that, I would also like to express my gratitude towards our seniors who were a lot of help for the completion of this project.The contributions made by my family and classmates and friends are, definitely, worth mentioning.I would like to express my gratitude towards the library staff for their help also.And at last but not least I would like to thank the almighty God for his grace upon me and everybody.

.KUMAR SAURABHRoll No. 7549, 2011-2016

TABLE OF CONTENTSRESEARCH METHODOLOGY4INTRODUCTION5HISTORY6INDIAN POSITION8CONSTITUTIONAL PROVISONS10BASIC STRUCTURE OF INDIAN CONSTITUTION10ARTICLE 21A AND RESERVATION17CONCLUSION18BIBLIOGRAPHY19

RESEARCH METHODOLOGY

AIMS AND OBJECTIVES:The aim of the project is to present a brief study of Reservation in Educational Institutions in India. SCOPE AND LIMITATIONS:Though this is an immense project and pages can be written over the topic so the researcher has limited this research work Reservation in Educational Institutions and provisions of Constitution of India related to the topic.SOURCES OF DATA:The following secondary sources of data have been used in the project-1. Articles1. Internet1. Books1. Case LawsMETHOD OF WRITING:The method of writing followed in the course of this research paper is primarily analytical. The method of research is generally doctrinal, and a bit of empirical research is also done.MODE OF CITATION:The researcher has followed a uniform mode of citation throughout the course of this research paper.

INTRODUCTION

India is a country with a vast diversity in its demographic feature identifying the country as one of the peculiar in the world in policy making for various issues. Diversity of population, based on caste, community or religion has been disturbing the unity and peace of the country since early. The biasness of the rulers or the administrators has made this caste and religion based diversity into socio economic inequality. So through the reservation provision for the backward people, this inequality or gap has been trying to bridge up. But after passing through almost six decades of independence, the evaluation of this system of special provision has become necessary.Though it appears unfair to say, it must be admitted that reservation anywhere leads to sacrifice of the best choice. And thus, rationally, reservation in any where affects the pace of growth negatively. It also makes thinking against self respect. If one goes back to one century before India, he/she would have been feeling shame to be a person from a backward caste. But these days one wants to manage a certificate of backward caste by any means. Even a person belonging to general caste or higher caste community doesnt hesitate to introduce himself as a member of scheduled caste or backward class only to get some special provisions which are not available for a person belonging to general caste.This is how the mindset of the people has changed. From one side this bears a good sign while other point of view, this witnesses frustrated scenery of the society. The only good sign is that it indicates the welcomed eradication of the caste system. That is, today no one feels proud of being from Brahmin (higher caste) or in inferiority complex of being representing a doom (lower caste) group.But it is alarming that this vanish of caste system is not a straight-forward change of the mindset of the people, rather it is only to have the special provisions which have been awarded only to some specific category of people by the state or the nation. Religiously or communally the caste system has been well maintained in each and every social phenomenon.[footnoteRef:1] [1: "Rationality of Reservation System in India."Delivering News, Not Profit. N.p., n.d. Web. 21 Oct. 2013]

Now let us proceed from the second view point. Why today there is the trend that a person belonging to higher caste wants to be introduced himself as backward caste? The reason will be, most probably, that he feels lack of sufficiency which he/she should have as a member of advanced class and feels needs for provisions which are not available to him that are well available to a person belonging to backward classes. That is there is a mismatch between the systems of categorization of the people with the socio economic needs for special provisions from that categorization!Which indicators should be the basic factor to identify the most vulnerable groups or person is a big issue at present context of the social scenario and also this is the challenge for the policy makers from time to time. But before going into the contemporary policy making, we must have a look into the foundation of the system from beginning. Generations of a particular poor or backward family may not remain backward after six and half decades. Even the assumption that person belongs to shudra or the backward caste will be the economically poorest in the society may not hold good today.[footnoteRef:2] [2: Ibid 1.]

But how the propounder of Indian Constitution (at the time of constitution building) found the caste based reservation raj as rational is also a debatable matter. History witnesses that as a result of higher class exploitation on the lower class Hindu, Muslim aggressors took the advantage to convert the lower class Hindu to Muslim. But the Muslim did not succeed to improve the socio economic condition of life of this portion of population.HISTORY

In Indian society because of caste system, India has also followed one type of racism and because of this when Indian constitution was drafted the makers of Indian constitution introduced reservation for certain caste and people Scheduled Castes and Scheduled Tribes. If we will check the records in the year 1858 also British People knew how to divide and rule India, and with this policy very intelligently they kept dividing India on name of Religion and Caste and sub caste. But the tragedy of Mother India is that, when British People left they handed over the India to such people who changed nothing what was started by British and Indian leaders and politicians kept ruling India with the same rules and principals of British people.British people gave us few good things and few bad things. Those were bad things like quota system, division on the basis of caste and religion, British people introduced that to safeguard their rule on India, but our Indian rulers also adopted same policy and ideas to create their own family rule forever in India. Before Independence as well as after Independence also the sad story is that we never got any opposition party who wanted to change this and introduce reservation in everything in India on the basis of collective salary of family. All political parties know that divide and rule policy based on castes and religion will make them rich, will always help them hide their corruption and bad deeds and they are following it religiously.[footnoteRef:3] [3: "Reservation in India - It's Time for Evaluation."Indian Defence Forum RSS. N.p., n.d. Web. 21 Oct. 2013.]

The Hunter Commission (1882-83) was the first to recommend universal education in India. Thereafter, the Patel Bill, 1917 was the first compulsory education legislation. It proposed to make education compulsory from ages 6 to 11. The Government of India Act, 1935 provided that "education should be made free and compulsory for both boys and girls." Free and compulsory education got a further boost when the Zakir Hussain Commission recommended that the State should provide it. The 1944 Sargent Report strongly recommended free and compulsory education for children aged six to fourteen. By 1947, primary education had been made compulsory in 152 urban areas and 4995 rural areas.

INDIAN POSITION

The introduction of reservations in educational institutions in India was originally implemented to improve the well-being of backward and under-represented communities. These groups were defined on basis of their caste, and the positive discrimination was foremost designed for the Schedules Castes (SC) and Scheduled Tribes (ST) in the Constitution of India. The caste-based division has roots back from the British reign, when it was first introduced to give equal opportunities in education. It has since then been extended to other sectors. In 1984 a third group was included to the program; Other Backward Classes (OBC). Together these three groups make up around 85 % of the total Indian population. The law sets aside a percentage of vacancies in governmental jobs and educational institutes for these groups. In 1989 the government decided that 28 % of the governmental employments and university seats were to be reserved for OBC. The thought behind was to give everyone equal opportunities and reduce the gap between people caused by having different opportunities and responsibility in the society. This issue has been very much debated in India since it was implemented after Independence and remains a controversial topic even today.The reason for objections by many has been the criteria for inclusion being based on caste. This reinforces the importance of the caste-system in the society, which is initially the reason for the differences. The law enhances the identity-politics and makes castes and ethnicity more prominent in the Indian society. In a