Politics of Reservation

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POLITICAL SCIENCE 1 THE TAMIL NADU NATIONAL LAW SCHOOL POLITICAL SCIENCE PROJECT ON POLITICS OF RESERVATION SUBMITTED TO Prof. DR. SUBBA RAO VEDAVALLI.S SEMESTER 1 ROLL NO:BA0140073

Transcript of Politics of Reservation

POLITICAL SCIENCE

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THE TAMIL NADU NATIONAL LAW SCHOOL

POLITICAL SCIENCE PROJECT

ON

POLITICS OF RESERVATION

SUBMITTED TO

Prof. DR. SUBBA RAO

VEDAVALLI.S

SEMESTER 1

ROLL NO:BA0140073

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DECLARATION

I do hereby declare that the project entitled “POLITICS OF

RESERVATION” submitted to Tamil Nadu National Law

School in partial fulfilment of the requirement of the award of

the degree of BA.,LLB is a record of original work done by

me under the supervision and guidance of Prof. Dr.SUBBA

RAO (mentor) Political Science department of Tamil Nadu

National Law School, Trichy and that has not formed the basis

for the award of any degree or diploma or fellowship or any

other title to any candidate of any university.

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TABLE OF CONTENTS

Acknowledgements ………………4

Introduction ………………5

Meaning of Reservation ………………6

History of Reservation in India ……………….7

Mandal Commission ……………….8

Beneficiary groups of Reservation ……………….11

What the Constitution says ……………….14

Unfair, Unequal System ……………….15

Judicial Interpretation ……………….17

Vote Bank Politics ………………..19

Consequences of Reservation ………………..21

Can merit replace caste? ………………..23

Suggestions ………………..24

Conclusion ………………...26

Bibliography …………………27

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ACKNOWLEDGEMENTS

I would like to sincerely thank my Political Science teacher

Dr.Subba Rao for giving me this topic and guiding me through out

the project. Through this research project I have learned a lot about

the aforesaid topic and this in turn has helped me grow as a student .

I also thank my parents and friends for their precious inputs which

have been very helpful in the completion of this project.

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INTRODUCTION

India is a huge country with a massive population of over 1.2 billion people

residing in it. It comprises of people from different ethnicity and religion. There is also a

rigid caste system prevailing in the country. 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 developing nation is currently facing many challenges and the reservation

system being one of them. The biggest question that lies in front of us is whether

implementing this reservation system has really helped the downtrodden? The current

scenario clearly depicts that the ‘lower’ castes are still discriminated in their daily lives.

To uproot casteism it is important that we fight the reservation system which alone will

lead us to development, competency, equality and unity. Firstly we need to understand

that the reservation system only divides the society leading to discrimination and

conflicts between different sections. It is oppressive and does not find its basis in

casteism. It is actually the antithesis of a communal living.

The main objective of the Indian reservation system is to increase the opportunities for

enhanced social and educational status (in the sense better than the previous—until it

becomes equal to that enjoyed by an average member of other communities) of the

underprivileged communities and, thus, enable them to take their rightful place in

the mainstream of Indian society.

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MEANING OF RESERVATION

Reservation in India is a form of affirmative action designed to improve the well-being of

perceived backward and under-represented communities defined primarily by their 'caste'

(quota-system based on 'gender' or 'religion') is a phenomenon that commenced with the

coming into force of the Indian Constitution.

What is a “caste”?

"Caste" is the term used to describe the complex system of social divisions that pervades

life in India. Caste is an ancient hereditary system that developed alongside and became

intertwined with Hinduism. Caste determines whom a person can marry, specifies what

kind of work he can do, and even controls what he can eat or touch.

Since the great majority of Indians are Hindu, the caste system has played an enormous

role in the history of India, and it continues to exert tremendous influence on modern

Indian culture and politics.

The reservation system finds its origin in the age-old caste system of India. The caste

system at its birth was meant to divide people on the basis of their occupation like

teaching and preaching (Brahmins), kingship and war (Kshatriya) and lastly

business(vaish) etc. but soon it became an instrument to divide the society on caste-basis,

creating various walls between different sections of the society. Today we stand divided

widely into Hindu, Muslim, SC, ST & OBCs with newer reservations coming up for

other different sections of the society like Christians, Kashmiris, Jats, Kashmiri Pandits,

Tribals etc.

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HISTORY OF RESERVATION IN INDIA

The idea of caste based reservation system was envisioned by William Hunter

and Jyotirao Phule in various forms in 1882.The Hunter Commission was appointed.

Phule made a demand of free and compulsory education for all along with proportionate

representation in government jobs.The Hunter Commission was implemented by the

Maharaja of Kolhapur in Maharashtra , Chatrapati Sahuji Maharaj in 1902.He

introduced reservation in support of backward classes to wipe out poor quality of their

life by providing them opportunity in the state government.He was the first king in India

to implement Reservation Policy.

After India obtained Independence, Dr.Ambedkar was appointed chairman of the

drafting committee for Indian Constitution. The idea was that a vast majority of the poor

were from a very small caste group and they needed a social net so that they can be

accommodated into society as full fledged members. It is important to note that this part

of the reservation was for electoral rights first (to guarantee political representation -

Poona Act ‘35) and a education/job rights issue second. Also note that education was

made free in these early attempts so that poverty does not hinder their education by these

early efforts. If not for Dr.Ambedkar's efforts, even this would not have come through

during Independence. Ambedkar remains an icon for minority causes even today and is

revered because of this.

In 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. It provoked nationwide public wrath

in 1990.At present we have a reservation system with a percentage distribution of

Scheduled Castes – 15%

Scheduled Tribes – 7.5%

Other Backward Classes (OBC) – 27%

Total reservation – 49.5%

General (Open to all including SC/ST and OBC) – 50.5%

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MANDAL COMMISSION

The Mandal Commission was established in India in 1979 by the Janata Party

government under Prime Minister Morarji Desai with a mandate to "identify the socially

or educationally backward. It was headed by Indian parliamentarian B.P. Mandal to

consider the question of seat reservations and quotas for people to redress caste

discrimination, and used eleven social, economic, and educational indicators to determine

backwardness. In 1980, the commission's report affirmed the affirmative action practice

under Indian law whereby members of lower castes (known as Other Backward Classes

(OBC), Scheduled Castes (SC) and Scheduled Tribes (ST)) were given exclusive access

to a certain portion of government jobs and slots in public universities, and recommended

changes to these quotas, increasing them by 27% to 49.5%.

Setting up of Mandal Commission

The plan to set up another commission was taken by the Morarji Desai government in

1978 as per the mandate of the under article 340 for the purpose of Articles like 15 and

16. The decision was made official by the president on 1 January 1979. The commission

is popularly known as the Mandal Commission with its chairman being B.P. Mandal.

Observations and findings

The commission estimated that 54% of the total population (excluding SCs and STs),

belonging to 3,743 different castes and communities, were ‘backward’. Figures of caste-

wise population are not available beyond. So the commission used 1931 census data to

calculate the number of OBCs. The population of Hindu OBCs was derived by

subtracting from the total population of Hindus, the population of SC and ST and that of

forward Hindu castes and communities, and it worked out to be 52 per cent.Assuming

that roughly the proportion of OBCs amongst non-Hindus was of the same order as

amongst the Hindus, the population of non-Hindu OBCs was considered as 52 per cent.

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Assuming that a child from an advanced class family and that of a backward class family

had the same intelligence at the time of their birth, it is obvious that owing to vast

differences in social, cultural and environmental factors, the former will beat the latter by

lengths in any competitive field. Even if an advanced class child's intelligence quotient

was much lower compared to the child of backward class, chances are that the former

will still beat the latter in any competition where selection is made on the basis of 'merit'.

In fact, what we call 'merit' in an elitist society is an amalgam of native endowments and

environmental privileges. A child from an advanced class family and that of a backward

class family are not 'equals' in any fair sense of the term and it will be unfair to judge

them by the same yard-stick. The conscience of a civilised society and the dictates of

social justice demand that 'merit' and 'equality' are not turned into a fetish and the element

of privilege is duly recognised and discounted for when 'unequal' are made to run the

same race.

To place the amalgams of open caste conflicts in proper historical context, the study done

by Tata institute of Social Sciences Bombay observes. “The British rulers produced many

structural disturbances in the Hindu caste structure, and these were contradictory in

nature and impact …. Thus, the various impacts of the British rule on the Hindu caste

system, viz., near monopolisation of jobs, education and professions by the literati castes,

the Western concepts of equality and justice undermining the Hindu hierarchical

dispensation, the phenomenon of Sanskritization, gentle reform movement from above

and militant reform movements from below, emergence of the caste associations with a

new role set the stage for the caste conflicts in modern India. Two more ingredients

which were very weak in the British period, viz., politicisation of the masses and

universal adult franchise, became powerful moving forces after the Independence.

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The report of the commission was submitted in December 1980. The following are the

recommendations as stated in the report:

“It may appear the upliftment of Other Backward Classes is part of the larger national

problem of the removal of mass poverty. This is only partially correct. The deprivation of

OBCs is a very special case of the larger national issue: here the basic question is that of

social and educational backwardness and poverty is only a direct consequence of these

two crippling caste-based handicaps. As these handicaps are embedded in our social

structure, their removal will require far – reaching structural changes. No less important

will be changes in the perception of the problems of OBCs by the ruling classes of the

country.”

Protests against Mandal Commission

A decade after the commission gave its report, V.P. Singh, the Prime Minister at the time,

tried to implement its recommendations in 1989. The criticism was sharp and colleges

across the country held massive protests against it. Soon after, Rajiv Goswami, student of

Delhi University(Deshbandhu College), committed self-immolation in protest of the

government's actions. His act further sparked a series of self-immolations by other

college students and led to a formidable movement against job reservations for Backward

Castes in India. 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.

First student to die due to self-immolation was Surinder Singh Chauhan on 24 Sep 1990.

He left a suicide note stating that "The responsibility for my death lies with those people

who consider reservation a vote bank,people like V.P. Paswan, Yadav .…..”

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BENEFICIARY GROUPS OF RESERVATION

Enrolment in educational institutions and job placements are reserved based on a

variety of criteria. The quota system sets aside a proportion of all possible positions for

members of a specific group. Those not belonging to the designated communities can

compete only for the remaining positions, while members of the designated communities

can compete for all positions (both reserved and open). For example, when 1 out of 10

clerical positions in railways are reserved for ex-servicemen, those who have served in

the Army can compete both in the "General Category" as well as in the specific quota.

Seats are reserved for people under the following criteria:

Caste

Gender

Religion

State of Domicile

Management Quota

Caste

We almost follow a reservation system based on caste primarily.The people belonging to

the castes of OBC,SC,ST enjoy this facility.The percentage of reservation varies from

state to state in India. Caste is decided based on birth, and can never be changed.A person

can change his religion, and his economic status can fluctuate, the caste is permanent.

Gender

In India there is always a misperception of women’s abilities for many years. Recent

research on the quota system has revealed that it has changed perceptions of women’s

abilities, improved women’s electoral chances, and raised aspirations and educational

attainment for adolescent girls. There is a long-term plan to extend this reservation to

parliament and legislative assemblies. For instance, some law schools in India have a

30% reservation for females. Progressive political opinion in India is strongly in favour

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of providing preferential treatment to women to create a level playing field for all of its

citizens.In 1993, a constitutional amendment in India called for a random one third of

village council leader, or pradhan, positions in gram panchayat to be reserved for women.

The Women's Reservation Bill was passed by the Rajya Sabha on 9 March 2010 by a

majority vote of 186 members in favour and 1 against. As of March 2013, the Lok Sabha

has not voted on the bill. Critics say gender cannot be held as a basis for reservation alone

other factors should also be considered e.g. economic, social conditions of woman

candidate especially when applying reservation for educated women. There also is a

growing demand for women reservation in pre-existing reservations like OBC, SC/ST,

Physically handicapped etc. Some feminist groups still demand that reservation for

women should be at least 50% as they comprise 50% of the population.

Religion

Reservation has also been extended to religious minorities. Government says that this

sub-quota is based on the backwardness of the religious communities and not on the

religions themselves.

State of Domicile

Most of jobs under state government are reserved to those who are domiciles under that

government. There are also some seats reserved for the Jammu and Kashmir 'migrants' in

every Government-aided educational institute.

Management Quota

It is a quota based on economic status irrespective of caste, race and religion; anybody

who has money can buy his/her seat.

Other Criteria

Sons / Daughters / Grandsons / Granddaughters of Freedom Fighters.

Physically handicapped.

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Sports personalities.

Non-Resident Indians (NRIs) have a small fraction of reserved seats in educational

institutions. They have to pay more fees and pay in foreign currency.

Seat reservation for Senior citizens/ PH in Public Bus transport

Terrorist victims from Kashmir, e.g. in Punjab

Single Girl-Child (in Punjab)

Migrants from the state of Jammu and Kashmir

Candidates sponsored by various organisations

Those who have served in the armed forces ('ex-serviceman' quota—because the

age of superannuation in the Military Service is much shorter than that in the Civil

posts; more so, certain intakes are tenure-based, e.g. the contract for Short-Service

Commission is merely 8 years)

Dependents of armed forces personnel killed-in-action

Repatriates

Reservation in special schools of Government Undertakings/ PSUs, for the

children of their own employees (e.g. Army schools, PSU schools, etc.)

Paid pathway reservations in places of worship (e.g., Tirumala Venkateswara

Temple, Tiruthani Murugan (Balaji) temple)

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WHAT THE CONSTITUTION SAYS

India’s constitution guarantees “equal rights.”

Article 14 says that “The State shall not deny to any person equality before the law or

the equal protection of the laws within the territory of India.”

Article 15 prohibits discrimination against any citizen on grounds of religion, race,

caste, sex, place of birth, etc.

Article 16 guarantees equality of opportunity in matters of public employment, etc.

At the same time, the constitution provides for a “reservation system.”

Article 46 says “The state shall promote with special care the education and economic

interests of the weaker sections of the people, and, in particular of the scheduled castes

and the scheduled tribes, and shall protect them from social injustice and all forms of

exploitation.”

India’s reservation system contradicts it’s own constitution’s promise of “equal rights”

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UNFAIR,UNEQUAL SYSTEM

Since the introduction of reservation system in India, a lot of controversy

has been attached to it. There are people who are in favor or quota system and consider it

a positive step towards making education accessible among the masses without any

discrimination. The students of these castes and groups have always had difficulties in

attaining education with normal people in normal institutes which is why they lag behind.

They have an equal right for education and quota system is a medium which gives them a

fair chance to stand in the queue and prove their worth and talent against students of

upper castes and majority.Allocating quotas is a form of discrimination which is contrary

to the right to equality.

People who oppose quota system state that they believe in merit and

reservation is killing merit and true deserving candidates. Because a certain percentage of

seats are already allotted to candidates who do not even meet the criteria, it creates a

disadvantage for the deserving candidates who have worked hard all year and scored

good marks but could not get admission because of shortage of seats. This has a ripple

effect in the entire education system and the economy. If the actually potential candidates

would not be given a fair chance to attain higher education, then quality graduates would

not be produced in the market that could compete on international level. A pool of

talented candidates may also leave the country and go to other countries for higher

studies.

The debate against or in favor of reservation or quota system is ongoing.

Each group has their own fears and reservations which derives them in favor or against

this system. It has also been politicize and sensationalized by the media and politicians.

Everyone has their vested interests in it. But the future of the youth and upcoming

generations is at stake. Exposing the students of underprivileged group to a highly

competitive higher education system is unfair to them. They should be provided a fair

chance for competing against normal students by setting up an educational infrastructure

which accommodates them. Schools and colleges should be established for them that

have regional accreditation. They should meet the criteria of quality education. This

would prepare them for a fair chance at higher education.

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The only argument that momentarily arrests our attention is the equalisation concept.In

our opinion it violates the equal opportunity guarantee of the Constitution.In developing

country like India, backward areas or bad pockets are no monopoly of any State or even a

single region in a State.

The scientific solution to this problem is to impart special coaching to students from the

school level and really lift them up to the expected standard.

In the Indian scenario, it resembles the story of “The Wolf and the Lamb” in Aesops

Fables.“If you were not born at that time”, said the Wolf, “it must have been your father”,

and proceeded to gobble up the Lamb.

The fundamental law is forgotten that … “none should be punished for the supposed or

actual sins of the ancestors.”

For how long the sins (i.e. the discrimination practised by them) of the generations of the

forefathers in the higher castes should be expiated by the future generations.

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JUDICIAL INTERPRETATION

Whereas it is true that 60 years ago almost all the families of certain communities were

backward but presently backwardness and poverty are not restricted to communities.

Mandate provided by express words of Constitution through Article 16,46 and 335 has

been ignored.There were many suits filed because of this policy.Some of them were

1)M.R. Balaji v. State of Mysore, AIR 1963 SC 649.

2)T. Devdasan v. Union of India, AIR 1964 SC 179.

3)State of Kerala v. N.M. Thomas, AIR 1976 SC 490.

4)A.B.S.K. Sangh v. Union of India, AIR 1981 SC 298.

5)M.Nagaraj v. Union of India, (2006)8 SCC 212.

In a fee disparity case “D.P. Joshi Vs State of Madhya Bharat” (AIR 1955 SC 334),

No capitation fee was collected for bonafide resident of M.B students and all other

students who were not having domicile of Madhya Bharat were charged capitation fees

which was Rs. 1300 for nominees and Rs. 1500 for other state students.This rule was

violative of Art. 14 and 15. S.C held that this rule was not discriminatory.

Article 15(4) of our constitution empowers the government to make special provisions for

advancement of backward classes. Similarly Article 16 provides for equality of

opportunity in matters of employment or appointment to any post under the State.

“Clause 2 of article 16 lays down that no citizen on grounds of religion, race, caste, sex,

descent, place of birth, residence or any of them be discriminated in respect of any

employment or office under the State.”

However clause 4 of the same article provides for an exception by conferring a certain

kind of power on the government:

“it empowers the state to make special provision for the reservation of appointments of

posts in favour of any backward class of citizens which in the opinion of the state are not

adequately represented in the services”

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Thus two conditions have to be satisfied:

The class of citizens is backward

The said class is not adequately represented.

In a case Balaji v/s State of Mysore (AIR 1963 SC649) it was held that ‘caste of a

person cannot be the sole criteria for ascertaining whether a particular caste is backward

or not. Determinants such as poverty, occupation, place of habitation may all be relevant

factors to be taken into consideration. The court further held that it does not mean that if

once a caste is considered to be backward it will continue to be backward for all other

times. The government should review the test and if a class reaches the state of progress

where reservation is not necessary it should delete that class from the list of backward

classes.’

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. Question arises how can reservations be made for

something that has not been defined?

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VOTE BANK POLITICS

According to Article 334 of the Constitution lays down that the provisions of the

Constitution relating to the reservation of seats for the Scheduled Castes and the

Scheduled Tribes and the representation of the Anglo-Indian community by nomination

in the House of the People and the Legislative Assemblies of the States shall cease to

have effect on the expiration of the period of sixty years from the commencement of the

Constitution. In other words, these provisions will cease to have effect on the 25th

January 2010, if not extended further.

The Ninety-fifth Amendment of the Constitution of India, officially known as The

Constitution (Ninety-fifth Amendment) Act, 2009, extended the period of reservation of

seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-

Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e.

up to 26 January 2020.Article 334 of the Constitution had originally required the

reservation of seats to cease in 1960, but this was extended to 1970 by the 8th

Amendment. The period of reservation was extended to 1980, 1990,2000 and 2010 by the

23rd, 45th, 62nd and 79th Amendments respectively. The 95th Amendment extended the

period of reservation to 2020.

The politicians are not ready to enforce this article strictly as it may result in a loss of

vote banks for them. The political laloos and babus think of the reservation policy mainly

because most of the upper-castes do not take real interest in the political process of

voting. In view of this either some-one else misuse their votes or the voting right is

simply wasted.Thus their votes depend on the middle and lower castes.No political party

is ready to stop this system. In simple words, this means that reservation is a bait to lure

the consolidated votes of backward classes whose numbers are too big to be ignored.

Our preamble of the Indian Constitution says that India is “sovereign,

socialist,secular,democratic,republic”,then how can the caste system prevail and

consequently reservations? Today,this evil system persists and plays a vital role in the

society as the major weapon for vote bank politics.The whole perspective of Mandal

Commission regarding reservations are gradually being extended and expanded to

sections of people,demanding reservations within reservations.The initial condition of

reservation was acceptable since at the time of Independence these SC/ST communities

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were weaker and exploited,but after so many years of Independence the same criteria of

caste does not make sense.This has just been used as political puppet.It is purely for

political mileage.

I am not against a low caste/tribe individual taking good profession but as

professional education, only right candidate should move up. If one really evaluate the

requirements, the marks in exam reflects a student’s grit and determination in doing his

work/career. If admissions are to be done for lower marks, because of caste certificates,

will the system turn-out better dedicated doctors. Even in IITs, there are many candidates

who leave the curriculum in the middle since they could not withstand the arduous

learning process. In such a case why waste the opportunity of those who are really

eligible for professional studies.

No Indian youth, whatever be his caste, will be barred from entry on the basis of

merit, to any of our prestigious centers of learning if the Government seriously considers

a qualitative improvement right from the primary school stage. Let us go to the roots:

once you take care of the roots, the plant will be healthy and will have durable, intrinsic

worth. Let the Government take care of the child at the start and he or she can compete

on his own terms.

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CONSEQUENCES OF RESERVATION

In the Higher Education institutes and Government Bodies reserved category

people are given the relaxations, which results in admission of people who have

lower aggregate percentage of marks both in academics & competitive exams.

The Financial and social status of the reserved category people is increasing, and

well supported by the government.

People mainly the students of various education institutes were started protesting

against the Mandal Commission in form of closed roads, highways, transportation

services, government services, schools, and businesses of India. About 150

students were attempted self-immolation throughout India.

The population of reserved category community has increased through the years

since 1990, though the government still has not made any policy and official

statistics of Indian population based on caste, which are still pending to be released

to the public. The combined population of Indians is increasing as always.

Several Unreserved or General category communities has started demanding

reservation for them, these communities which include (Gujars, Jats of State of

Haryana, Seers, etc.). Jats have got Backward status now despite being

economically and politically dominant in Haryana.

Some philosophers believe that Indian has lost its pace for the development due to

the reservation in India, since more capable persons were not offered the places

which they deserved on the bases of acts done in past.

Some think that reservation in India is not good for society since the people were

still remain divided among themselves due to the increase and decrease of

Financial and Social status in the society.

Reservation policy which was designed to be a temporary support has turned out to

be permanent crutches and is the biggest obstacle in achieving the cherished goal

of equality.

There are people from other communities who are deprived of jobs despite of the

merit and qualifications they possess. They might not be economically or socially

well off. In such a scenario, what is the fate of the Constitutional guarantees

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provided to them. How long can they be deprived of their rights in order to

promote the interests of other communities.

Caste disparities which were forgotten in the struggle for Independence came back

with a bang due to reservation policy, judgments of the Supreme Court and the

reports of the various Commissions This policy has strengthened the caste system

instead of removing the inequalities prevalent in the society due to the caste

system.

People strive to be declared as backward just to avail the benefits of the reservation

policies. So, instead of promoting equality it has started a new battle between

various communities to be declared as backward and to avail the endless benefits

which follow.

Also the reservation system in India is creating a workforce which is not capable

enough to compete at the global level. India needs people for growth and

development but reservation is adding undeserving candidates as well. So I think

reservation system should be demolished and if the government really wants to

uplift the underprivileged sections of the society then a well-balanced policies

should be formulated.

People have started misusing it. There are many examples of people making false

documents just to get a seat in a college or a job. This leaves the more eligible

candidate to give their seat to a person belonging to a reserve category.

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CAN MERIT REPLACE CASTE?

When we think of a an alternative to the caste based reservation system, merit

pops up in our mind. 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. There many

economically worse off children belonging to the forward classes but they cannot get the

fruits of such reservation merely by virtue of belonging to the ‘general’ category.

Sometimes these children belonging to the backward classes do not even deserve and still

possess the necessary merit as against a child who studied very hard for months to get a

seat, thereby snatching away that seat just because he comes from a particular religion or

caste for which our government provides reservation. Many students don’t make it to the

institutes because of the economic reasons and those who do not fall in the reservation

criteria don not get a fair opportunity too.

But for a person to achieve merit he needs to be educated properly.But most of

the classes do not have the financial aid to get educated properly. The boys and girls who

reach the top have not become brilliant overnight; the foundation of the legend power of

these extraordinary brilliant students would have been laid right from the primary school

stage.Years of sustained effort could alone raise them to the pinnacles of excellence.

Can the government provide such kind of education right from below for every citizen —

the SCs, STs backward classes, other backward classes and bulk of the poor among the so

called ‘forward communities’? Then there will be no need for any reservation.

Thus caste should be replaced by the financial status of the people and not by merit.

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SUGGESTIONS

To remove this evil it suggested the following:

Make education mandatory and free for all till age of 15

Propose reservation based on economic status

Provide opportunity to students to earn while they study.

Instead of introducing reservations for these backward classes what is required

is to bring about revolutionary changes in our education system at the grass-root level.

When proper education is not provided to children belonging to such categories during

the primary stage itself then on what basis are the reservations provided at a subsequent

stage.

Reservations on the basis of caste and not on the basis of condition are bad and

unacceptable. Fair and just reservations to uplift the people with poor conditions of life,

those who don’t have meals to eat, clothes to wear and no home to live in. They shall be

made on the basis of factors such as gender as women are more disadvantaged than men

since primitive times, domicile, family education, family employment, family property,

family income and if any disabilities and traumas. The process of reservation should be

such that it filters the truly economically deprived individuals and bring them all to

justice.

We don’t need reservations based on castes or religion but only to actually

provide aid to those who have minimal resources; and merit should be given equal and

due importance in admission procedures as well employment opportunities. This way we

would be successful in removing caste discrimination and unite the economically rich

together in helping the economically poor, irrespective of their castes.

The Government can tie up with the coaching centers bearing part of the tuition

fees for the student’s frown weaker sections. Once they are empowered to compete along

with their peers from the socially upward class the social divide would become

meaningless. There is need for a national consensus on the burning issue of reservation as

it affects all sections of the people — castewise, classwise — and because of the

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inescapable need for preserving merit at a time when India’s position in world economy

and science and technology is increasingly being recognized.

Avoidance of fragmentary approach within our country and focus on merit- based

selection constitutes definite advantage of this approach is also suggested. Emphasis

should be given to uniform primary and secondary education so that groups under-

represented in higher education institutes and workplaces become natural

competitors.Government should announce long term plan to phase out regional

reservation.

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CONCLUSION

Reservation is not a complete or even a real solution of the problems of Scheduled Castes

or the Backward Classes. What is more important is their economic and educational

upliftment which can be achieved only by increasing merit and not merely by providing

for reservations.Without merit which comes in the form of education they are not in a

position to utilize the opportunity being given to them under the scheme of affirmative

action. Reservation should be provided when even after equal merit they are unable to

enter into services due to some kind of discrimination or disability.Reservation as a

means of affirmative action has outlived its importance as the goals framed during the

debates in Constituent Assembly have still not been achieved even after 67 years of

independence.

There was a quota system in US as well, but it was abolished long ago. But it does not

mean that they are not working for the underprivileged in their society. For admission

and appointment purposes, now they have point systems in which people from backward

regions are given some extra points but, not a certain number of seats. So, though the

government is helping the needy, but it is not at all discriminating or snatching away the

rights of eligible candidates. Also from time to time such reforms or laws must be

evaluated by experts and their impact on the development of under privileged and overall

society must be assessed. Also, calculate the way these are changing the per capita

income, number of people below poverty line etc. Politicians should stop using

reservation system as a gimmick to have a permanent vote bank. Education should not be

a part of politics. Instead nurture the saplings right from childhood for their bright future

and then there won’t be any need of so called reservation system in India.

LET YOUR SKILLS BE THE VOICE OF

YOUR RIGHTS

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BIBLIOGRAPHY

INTERNET SOURCES

www.wikipedia.com

www.slideshare.net

www.quora.com

http://www.shareyouressays.com/

http://www.youthkiawaaz.com/

http://edition.cnn.com/

BOOK SOURCES

The Constitution of India