Reservation article 15(4) ∧16(4)

Reservation- An insult to Right of Equality

1. Reservation-Article 15(4) &16(4) O R Ignorance of Right to Equality–Article 14 &16 “So far as the reservations in the government departments is concerned, I think, it will be fatal to a good government, if we introduce there the communal spirit for administration to be efficient, it must be always in the hands of the fittest. There should be certainly no favouritism.”… “Distribution of posts should never be according to the proportion of members of each community. “… “Those who aspire to occupy responsible posts in the government of the country can only do if they pass the required test.” -Mahatma Gandhi  – In his book titled “India of my dreams” By: Raushan Kumar P a ndey

2. INTRODUCTION: According to the “New Webster Dictionary”, reservation means “Keeping aside something for some specific purpose.” In the Indian context, Reservation Policy refers to a situation, wherein to uplift the sub-merged section of society, some jobs and other facilities are especially reserved in various institutions/organisations, so that they could be brought back into the national main-stream. Reservation is a form of quota-based affirmative action. Reservation is governed by constitutional laws, statutory laws, and local rules and regulations . Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) are the primary beneficiaries of the reservation policies under the Constitution .

3. OBJECTIVE: To give underprivileged a fair start To build a self-reliant nation through optimal utilisation of its resources . To establish an egalitarian and tolerant society based on the principles of justice, social economic and political, and To ensure to everyone equality of status and opportunity .

4. HISTORY 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 . Framers took forward the interest of the Backward Classes by inserting several provisions to promote equality . Article 46 : To promote educational and economic interests of Scheduled Castes (SC), Scheduled Tribes (ST) and other weaker sections of society . Article 15(4):   Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 14 : To provide equality before law and equal protection of laws. Article16 : Guarantees equality of opportunity in matters of public employment, etc . Article 16(4) : To provide for reservations of appointments or posts in favor of backward class of citizens if they are not adequately represented in services under the State .

5. IDEA AND EXPLANATION OF THE RESERVATION POLICY 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.” A QUESTION TO WHICH THERE IS NO ANSWER For how long the sins (i.e. the discrimination practiced by them) of the generations of the forefathers in the higher castes should be expiated by the future generations. Sixty eight years have passed but still officially there is not even a single community that has crossed the barriers of backwardness with all the aid provided by the policies under Affirmative Action.

6. PRESENT SCENARIO IN INDIA HAS BEEN IGNORED 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. INTENTION OF FRAMERS HAS BEEN NEGLECTED Article 16(4) provides for reservation for any backward class of citizens. For SC and ST reservations are provided under Part XVI because framers of the Constitution envisaged a reservation in representation for these communities. EXPRESS MANDATE OF THE CONSTITUTION HAS BEEN IGNORED Mandate provided by express words of Constitution through Article 16,46 and 335 has been ignored .

7. Reservation: The beginning of a never-ending era 1902 - Maharaja of Kolhapur in Maharashtra , Chatrapati Sahuji Maharaj introduced reservation in support of backward classes to wipe out poor quality of their life by providing them opportunity in the state government. 1908-Reservations were introduced in goodwill of a number of castes and communities that had little share in the administration by the British . 1935-Indian national congress passes resolution called Poona Pact to allocate separate electoral constituencies for depressed classes. The resolution confirmed -" henceforth, amongst Hindus no one shall be regarded as an untouchable by reason of his birth and they will have the same rights in all the social institutions as the other Hindus have ". 1947-India obtained Independence. Dr. Ambedkar was appointed chairman of the drafting committee for Indian Constitution . 26th Jan 1950-The Constitution of India came in force. 1953-Kalelkar Commission was established to assess the situation of the socially and educationally backward class . The report was accepted as far as Scheduled Castes and Scheduled Tribes were concerned. The recommendations for OBC's were rejected .

8. Contd … T he   Mandal Commission  in 1979 was established to assess the situation of the socially and educationally backward classes. In 1980 the commission submitted a report, and recommended changes to the existing quotas, increasing them from 22% to 49.5%. In 2006 number of castes in Backward class list went up to 2297 which is the increase of 60% from community list prepared by Mandal commission. It is used social, economic, and educational indicators to determine backwardness. Currently, as per the government policy, 15% of the government jobs and 15% of the students admitted to universities must be from Scheduled castes and for the Scheduled tribes there is a reservation of about 7.5 %. Other than this, the state governments also follow their own reservation policies respectively based upon the population constitution of each state. So nearly 50% seats are reserved .

9. UNNECESSARY CONSEQUENCES OF RESERVATION RESERVATION…FROM A TEMPORARY SUPPORT TO PERMANENT CRUTCHES 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. HOW FAR IS REVERSE DISCRIMINATION JUSTIFIED ? 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 provided to them. How long can they be deprived of their rights in order to promote the interests of other communities . STRENGTHENING OF CASTE SYSTEM 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. STRIVE TO BE DECLARED AS BACKWARD 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.

10. Conclusion Government needs to formulate an effective policy to achieve the desired goal of “ equality of all citizens ” in society which can be done not by providing illusionary equality. 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 64 years of independence . To achieve this aim there is no other way but to increase the merit and efficacy of “ any backward class of citizen ” in India. Once this equality of merit and competency is achieved, the cherished goal of equality in all other walks of life be it educational, economical or political will follow . Once this equality of merit and competency is achieved, the cherished goal of equality in all other walks of life be it educational, economical or political will follow . Reservation should Given on Basis of Financial Condition and not on basis of caste, religion, minority/majority because no body was born with his or her wish in that religion . Reservation is therefore an antithesis to the principle of equality and can never promote equality. This is substantiated by assessing the Affirmative Action programme in India for the last 60 years .

11. Thank You