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Misuse of the Reservation System in Bharat

As we all are very well versed with the fact that reservation system is a quota based affirmative action taken by a statutory body to uplift that section of the society who has been facing oppression, discrimination, and inequality since times immemorial. And to further give them their place back in the society for which they were deprived of. Reservation is governed by constitutional laws, statutory laws, and local rules and regulations. Reservation Policy in India is a process of reserving certain percentage of seats (maximum 50%) for a certain class such as Scheduled Castes, Scheduled Tribes, Backward classes, etc. in Government educational institutions, government jobs, etc.

In several areas of British India prior to independence, quota systems that favoured particular castes and other communities were in place. Requests for different types of positive separation had been made, for instance, in 1882 and 1891. The Maharaja of the princely state of Kolhapur, Chhatrapati Shahu, instituted reservations in favor of the backward and non-Brahmin communities, most of which went into effect in 1902.

During the ascendency of the British, the concept of reservation was first introduced during the British rule in the form of Communal Award in 1932 by the then Prime Minister Ramsay MacDonald. It provided separate electorates and reserved seats for different religious communities based on their population percentage.

The British Raj presented reservation components in the Government of India Act, 1909, and numerous measures were set up before autonomy. A critical one rose up out of the Round Table Conference of June 1932, when the Prime Minister of Britain, Ramsay MacDonald, proposed the Communal Award, as indicated by what separate portrayal was to accommodate Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans. The discouraged classes, generally relating to the STs and SCs, were assigned various seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats.

Post-independence the reservation system was outlined by the Constituent Assembly which Dr. BR Ambedkar chaired. It was initially introduced for a period of ten years. Post 10-year time frame, the legislators of Bharat tracked down the need to proceed with the booking framework to conquer numerous long periods of cultural and social separation of specific areas of society.

This framework was set up in the Indian constitution as a way to perceive the verifiable bad form dispensed to individuals having a place within reverse gatherings and to execute arrangements by which they would have better admittance to assets and open doors.

Reservations in India were introduced:
  1. To redress the past and historical injustice against the backward classes in India
    The primary objective of implementing reservation policies in India is to address the historical injustices and inequalities that have existed for centuries, particularly against certain groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Historically, these communities faced discrimination, social exclusion, and economic marginalization due to the rigid caste system.

    The reservation system aims to rectify these historical injustices by providing opportunities for education, employment, and representation in government and public institutions. Through reservations, individuals from these marginalized communities have access to affirmative action measures that help level the playing field. These measures include reserved seats in educational institutions, reserved jobs in government and public sectors, and reserved seats in legislative bodies. By doing so, the system seeks to empower these communities, mitigate discrimination, and uplift them socio-economically.
  2. To guarantee that equivalent portrayal should be visible from individuals having a place with all standings in the administrations under the state and focus
    One more key target of the booking framework is to guarantee that administration establishments, both at the state and local levels, mirror the variety of the Indian populace. India is a nation portrayed by its huge variety regarding society, language, religion, and station. To keep a fair and impartial society, it is fundamental that administration establishments address this variety.

    Reservation arrangements are intended to ensure that people from generally impeded gatherings, including SCs, STs, and OBCs, have the valuable chance to serve in government positions. This not just guarantees that the public authority is more comprehensive and receptive to the necessities of every one of its residents yet additionally helps in separating social hindrances and biases.
  3. To give an equivalent stage to everybody regardless of their rank
    Reservation arrangements are essentially established in giving equivalent open doors to all residents regardless of their standing, belief, or social foundation. By holding an extent of seats in instructive establishments, occupations, and political workplaces, the framework plans to make a level battleground where legitimacy and capacity are the essential determinants of progress.

    Generally, reservations are planned to defeat the verifiable hindrances that specific networks have confronted and make an all the more and even-handed society where people are decided on their capacities and capabilities instead of their standing or economic wellbeing. It is a way to guarantee that each resident has an equivalent shot at progress, no matter what their experience.
  4. To advance and propel the backward classes
    One of the vital objectives of reservations is to advance and propel the financial status of the retrogressive classes in India. By and large, these networks have been impeded regarding admittance to instruction, work open doors, and political portrayal.

    Reservation approaches try to overcome this issue by giving governmental policy regarding minorities in society measures. By holding seats in instructive organizations, occupations, and regulative bodies, the booking framework assists individuals from these networks with accessing assets and open doors that were recently denied to them. This, thus, enables them to break the pattern of destitution, work on their financial circumstances, and partake all the more effectively in the country's turn of events.

To eliminate the social oppression and unfairness endured by the lower classes, this apparatus of reservation was presented by the Government of India. It was carried out in obvious soul and heart and with regards to the ruined state of the lower classes that were denied equity because of their status in the general public. Notwithstanding, how the reservation strategy is formed and executed in the present time is generally represented by the vote bank legislative issues. The class-based reservation system has converted to a caste-based reservation system.

Reservation is not the only way to upgrade the condition of the backward communities. Providing them with scholarships, coaching, welfare funds, etc. to enhance their intellectual abilities and personal knowledge is a way to elevate the shape of lower castes. The expectation of the booking ought to be to guarantee that all individuals are brought to a similar level regarding open doors.

To guarantee that the advantages of reservation strategy go into the right hands, certain means should be taken to screen what is happening. The advanced sections of SCs and STs should be barred from guaranteeing reservation as it will prompt creating more space and open doors for the advanced segments of the general public. The Government is expected to modify the ongoing records it has.

One reason expressed by the State Governments to expand the level of the reservation is that because of expansion in the populace, the percentage of SCs and STs has likewise been expanded, so consequently, by re-examining the rundowns, the residents who are not generally needed under the rundowns will be wiped out and the people who are as yet oppressed will be incorporated. This will not upset the on-going level of reservation and states will not likewise be interested in the expansion in the level of reservation.

The reservation system was introduced in India to reserve a specific number of seats or posts in the hoarded establishments that might some way or another not select the lower castes people. The government authority ought to guarantee that fair and pragmatic ways are selected to help the penniless segments of the general public.The government of India needs to monitor that the advantages of reservation are not guaranteed by people with great influence or the affluent of the general public as it will annihilate the entire reason for reservation strategy.

The creamy layer ought to be avoided from asserting reservation and the government ought to chip away at building their abilities as opposed to offering them everything on the platter. The government should conduct awareness programs related to reservation policy for the people who go against this approach to instruct them about the significance of the arrangement for the destitute segments of the general public and furthermore for the oppressed areas of the general public who know nothing about such strategies.

The founders of the Indian Constitution aimed to create a caste less and classless society. Reservations in education and employment were introduced to uplift the oppressed and give them with equality of status and opportunity in the workplace. Reservation was first limited to Scheduled Castes and Scheduled Tribes. Despite the fact that members of Parliament have repeatedly called for quota for Other Backward Classes, particularly in India's southern and northern provinces.

Article 15 of the Indian constitution guarantees reservation for socially and educationally backward classes, other backward classes, and scheduled castes in occupations and legislative bodies. One reason for the demand for reservation is the desire for government employment, and hence the policy is advocated by both the state and federal governments. Reservations are not time-bound.

The Indian Constitution has not provided a clear definition of backward classes from its establishment and has yet to provide a criterion for assessing backwardness. As a result, many nations and the court have developed their own conceptions of backwardness, which frequently contradict, and political expediency has played a role in further complicating matters. As a result, reservations should not be withdrawn completely and abruptly. Instead, it should be inspected, fine-tuned, and updated throughout time, and thus progressively deleted. It should not be a permanent policy that lasts forever, but rather an ad hoc measure to help the most destitute elements of society, regardless of caste.

There are many persons in society who belong to Scheduled Castes and Tribes yet are not economically backward. They are as forward as a person in the general group, but they also enjoy the reservation privileges. It is also true that there are many people who fall into the general category yet are as backward as a Scheduled Caste or Scheduled Tribe member.

Although the notion of creamy layer exists, would also like to point out that the issue of creamy layer among Other Backward Class is not as simple as majority judgements in Mandal Commission. When the Indian Constitution does not provide a single word about it, it is really difficult to categorise and trace out the creamy layer among the backward class; the decision is left to the committee.

While reservation policy has undoubtedly delivered a new day to the thousands of years oppressed class, it has yet to be realised by a large number of prospective benefactors. This might be due to some slackness in execution. It is also owing to a lack of understanding among individuals who are supposed to benefit from the programme that its benefits have yet to be realised.

  1. What is the current structure of Reservation in India by Samriddhi Thakar. It can be accessed via:
  2. All About Reservation Policy In India by Sonal Srivastava and Neelabh Keshav Sinha. It can be accessed via:
  3. [In-depth] The Great Indian Reservation System � Understanding its Past, Present and Solutions by IAS Express. It can be accessed via:,come%20up%20with%20viable%20solutions.
  4. History of Reservation in India by GOI Monitor Desk. It can be accessed via: History of reservation in India | Goi Monitor
  5. Reservation in Indian Constitution by Patil Amruta. It can be accessed via: Reservation in Indian Constitution - Indian Polity
  6. The Concept, Origin And Evaluation Of Reservation Policy In India by Rajat Kumar. It can be accessed via: The Concept, Origin And Evaluation Of Reservation Policy In India
  7. Reservation in India: Know everything about Reservation system in detail by Blog Finology. It can be accessed via: Reservation in India
  8. The Need For Reshaping India's Reservation System by Namishi Verma. It can be accessed via: THE NEED FOR RESHAPING INDIA'S RESERVATION SYSTEM - BSK Legal
  9. Reservation in India by Drishti IIAS. It can be accessed via: Reservation in India
  10. Indra Sawhney vs. Union of India, AIR 1993 SC 477. Supreme Court tries to define "creamy layer" by quoting an office memorandum of Sept 8, 1993.

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