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Reservation a Dynamic concept: Indra Sawhney Case, 1992
“Not every DNA carries wealth and intelligence, Not everyone with a Surname needs upliftment.
It’s time to stop being greedy and help the needy, Else cut that lie of mentioning right to equality”.
A well-written quote by Mr Debashis Sarmah on the current scenario of India where reservation was first started to bring equality, but now it is the reason of discrimination.
William Hunter and Jyotirao Phule in 1882 firstly come up with the idea of caste-based reservation. After Independence, Dr.Bhim Rao Ambedkar the head of the constituent assembly introduced reservation in India and given to only SCs and STs because of old-age caste system of India. To bring equality on grounds of caste as it has it’s own cons i.e untouchability, no education to lower caste children, hence it was done to uplift the lower section of society, indeed it was crucial to introduce at that time(1951).
Reservation in simple terms, that it is about enabling access to seats in the educational institutions, government jobs, and even legislatures to the needy sections of the society.
In the case of Indra Sawhney Etc. vs Union of India and Others, Etc. (16 Nov 1992).
Also known as Mondal Commission case, In year 1978 Prime Minister Sri Morarji Desai by conferring powers exercise under Article 340 of the Constitution, had appointed a backward class commission (Mondal Commission) headed by Mr B.P. Mondal. The commission was formed to make the advancement of those classes who fall under criteria, defining India’s “socially and educationally backward classes”. The Mondal Commission concluded in their report that India’s population comprised of approximately 52% of Other Backward Classes (OBCs), therefore 27 per cent government jobs should be reserved for OBCs on the grounds of Economical, Educational and Social backwardness. Apart from Hindus, the commission has also identified backward classes among Non-Hindus (e.g., Muslims, Sikhs, Christians, and Buddhists).
On 13 August 1990 Prime Minister V.P. Singh implemented on report of Mondal Commission and on issued office of a memorandum, in which 27% seats were reserved for the socially backward classes. But soon after the memorandum issued conflict and riots occurring in the country and for about 3 months anti-reservation movement affected the nation, caused huge loss and damage to life and property. Soon after Bar Association of the Supreme Court filed a writ petition, challenging the validity of issuance Office of Memorandum by the government. Prime Minister P.V. Narsimha Rao issued another office of a memorandum in which the reservation is increased up to 37% and the reservation criteria includes socially, economically, educationally backward classes as well. The 5 judge bench of Supreme Court referred this matter to 9 judges Constitutional bench and later on dated 16 Nov, 1992 gave its judgement by 6-3 majority.
The following judgement guidelines are:-
1. Backward class of citizens can be identified based on the caste system and not on the economic basis under Article 16(4).
- 2. Reservation can be made under article 16(1)as it is not an exception to Article 16(1). It is an instance of the classification.
3. Backward classes described in Article 16(4) were not similar to educationally and socially backward as in article 15(4).
4. The creamy layer is been excluded from the backward class i.e STs and SCs.
5. The classification of backward classes into backward & more backward classes is permitted under Article 16(4).
6. Reservation shall not exceed 50 per cent.
7. Reservation can be made by the ‘EXECUTIVE ORDER’.
8. No reservation in promotion of government employees.
Majority of Judges held that there is express any point of view on the correctness of the exercise done by ‘Mondal Commission’.
10. Disputes regarding new criteria can be raised only in the Supreme Court of India.
Today’s scenario:
In recent 103rd Constitutional Amendment 2019 gave 10% reservation in government jobs and educational institutions for the “economically backward” in the unreserved/general category.
A new clause has been added through this Act on Article 15 and 16 empowers the government to give reservation on the grounds of economic backwardness. This 10% economic reservation is over and above the 50% of total reservation.
But reservation in government jobs creates enmity and divisions among government employees in state services led to divisions and enmity among government employees. Elimination of caste system was the objective of the reservation policy but the perpetuation of the notion of caste in society is remained by the caste Based Reservation.
Reservation was introduced to end the custom of caste base division and ensure that the since time underprivileged communities were given equal rights and access to resources. According to today’s scenario at some point society has overcome to caste-based discrimination now economically the person is judge and discriminated along with caste-based reservation in today’s time destroys self-respect. Reservation has now become exclusion of upper caste poor as they facing discrimination in getting education and government jobs which creating frustration in the society.
Reservation has now become the way to play politics, dividing people on base of castes to get votes from particulars to get elected and get more seats. Now the reservation benefits is been taken up by the dominant and elite class within the backward castes.
Reasons Behind Increasing Demands of Reservation
Reservation is increasingly seen as a remedy for the adverse effects of ill-thought-out development policies. Stagnation in employment growth and Distortions in the development trajectory.
Suggestion:
The reservation benefits should not be given to a few privileged children with a caste tag, but to the vast majority of underprivileged children from deprived castes, not to the High ranks officials families, high annual income professionals and others above an average income should not get the reservation benefits especially in educational institutions and government jobs. Needy persons from each community should be helped out by the reservation policy would be a fair and practical act.
Conclusion:
Supreme Court has made a strong judgement to strike a harmony between the economically backward class and the thinking of society. Reservation is fair, as far it provides appropriate and positive discrimination for the benefit of economically backward sections of the society. But when reservation tag is used for narrow political ends to harm the society, it should be demolished as soon as possible. Caste-based reservation creates animosity and prejudice in the reserved communities and the communities excluded from reservation. On education level also reservation should not be polluted by administering relaxation in entry barriers, which creates negative impacts on the upper caste poor section, but to give financial relaxation/ aid to the needy unprivileged people. A strong political will is essential to find an equilibrium between justice to the backward region, to bring equity for the society and efficiency for the entire system.
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