Reservation in India

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search

Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment and politics. Based on provisions in the Indian Constitution, it allows the Indian government to set reserved quotas or seats, which lower the qualifications needed in exams, job openings etc. for "socially and economically backward citizens."[1][2]

Terms[edit]

Reservation is primarily given to all 3 groups: Scheduled Castes, Scheduled Tribes, Other Backward Classes abbreviated as SC, ST, OBC respectively. Originally reservation was only given to SCs and STs but was later extended to OBCs in 1987 after the implementation of the Mandal Commission report.

  • The first are the Scheduled Castes. These communities were variously seen as at the bottom or "underneath" the caste system in South Asia, below even the Sudra varna. These castes had hereditary professions such as agricultural labourers, manual scavenging, tannery, washing clothes, daily wage workers, fishing and more. They were subjected to the practice of untouchability, which takes the form of various social restrictions ranging from inability to touch other castes to inability to use the same water source or even live in the same area. Today many of these castes are landless labourers.
  • The next group are the Scheduled Tribes. The definition of this group varies, but the criteria for a Scheduled Tribe "indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness." Most of these groups are considered Adivasis, and the original inhabitants while others are nomadic tribes who were notified as "criminal tribes" under British rule. They range in modes of existence from subsistence agriculturalists who have had interaction between the outside world to hunter-gatherer groups still in the jungles. Many of them frequently had their lands exploited by the British during the colonial era. However, in the Northeast, many of the tribes are relatively better-off and possess interaction with the outside world. Examples include the Bodo, Gond, Banjara, and Santal.
  • The third main group are the Other Backward Classes. They were not originally in the reservation scheme, but during the premiership of Morarji Desai, the Mandal Commission studied all the communities in India to find what castes were "backward" compared to the general population. Based on 1931 census data, they estimated 52% of India's population belonged to castes that were "backward" due to various socio-economic factors like wealth or traditional occupation. The possibility for providing reservation to these people was allowed for in Article 15(4) and Article 16(4), which states the government can provide reservation to "backward classes." Although the center maintains its own list of OBC's, comprising over 5,000 castes and subcastes, each state can create their own backward caste list for in-state reservations. Most OBCs were classified originally in the shudra varna and have low ritual status, apart from being economically deprived. However, there are other castes in the OBC list who, although ritually low, are considered "dominant castes" for numerical strength and in many cases are the enforcers of the caste hierarchy, including some Brahmin groups.

In some states like Bihar or Tamil Nadu, there is a divide between backward castes, who face some socio-economic disadvantage and most backward or extremely backward castes, who face a high amount of social discrimination barely above Dalits in their status. In fact, unlike Scheduled Castes, OBCs do not have to be Hindu and many states give benefits to some Muslim and Christian communities. This list is most subject to change since the criteria is not as stringent, making it a list added to often by politicians to please certain sections of their voters.

Those who are not a member of these groups are commonly known as General category, sometimes called the Other category (Other Caste). General Category contains mostly high castes who cannot avail reservations: most communities in the Brahmin, Kshatriya and Vaishya varnas. However, there are also some communities classified as shudra varna, as well as most Muslim and Christian communities, who are part of this category. Communities belonging to this category often had hereditary professions such as pujari, zamindar, kings, doctors, and soldiers, and often owned agricultural land.

History[edit]

Before independence[edit]

Quota systems favouring certain castes and other communities existed before independence in several areas of British India. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891.[3] Shahu, the Maharaja of the princely state of Kolhapur, introduced reservation in favor of non-Brahmin and backward classes, much of which came into force in 1902. He provided free education to everyone and opened several hostels to make it easier for them to receive it. He also tried to ensure that people thus educated were suitably employed, and he appealed both for a class-free India and the abolition of untouchability. His 1902 measures created 50 percent reservation for backward communities.[citation needed] On 16 September 1921, the first Justice Party government passed the first Communal Government Order (G. O. # 613), thereby becoming the first elected body in the Indian legislative history to legislate reservations, which have since become standard across the country.

The British Raj introduced elements of reservation in the Government of India Act of 1909 and there were many other measures put in place prior to independence.[3] A significant one emerged from the Round Table Conference of June 1932, when the Prime Minister of Britain, Ramsay MacDonald, proposed the Communal Award, according to which separate representation was to be provided for Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans. The depressed classes, roughly corresponding to the STs and SCs, were assigned a number of seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats. The proposal was controversial: Mahatma Gandhi fasted in protest against it but many among the depressed classes, including B. R. Ambedkar, favored it. After negotiations, Gandhi reached an agreement with Ambedkar to have a single Hindu electorate, with Dalits having seats reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate. This became known as the Poona Pact.[4]

After independence[edit]

After the independence of India in 1947 there were some major initiatives in favor of the STs, SCs and after the 1980s in favour of OBCs.(Other Backward Castes) and in 2019 for poor in the general category . The country's affirmative action program was launched in 1950 and is the oldest such programme in the world.[5]

A common form of caste discrimination in India was the practice of untouchability. SCs were the primary targets of the practice, which was outlawed by the new Constitution of India.[6]

In 1954, the Ministry of Education suggested that 20 percent of places should be reserved for the SCs and STs in educational institutions with a provision to relax minimum qualifying marks for admission by 5 percent wherever required. In 1982, it was specified that 15 percent and 7.5 percent of vacancies in public sector and government-aided educational institutes should be reserved for the SC and ST candidates, respectively.[7]

A significant change began in 1979 when the Mandal Commission or the Socially and Educationally Backward Classes (SEBC) Commission was established to assess the situation of the socially and educationally backward classes.[8] The commission did not have exact population figures for the OBCs and so used data from the 1931 census, thus estimating the group's population at 52 per cent.[9] In 1980 the commission's report recommended that a reserved quota for OBCs of 27 per cent should apply in respect of services and public sector bodies operated by the Union Government. It called for a similar change to admissions to institutes of higher education, except where states already had more generous requirements.[8] It was not until the 1990s that the recommendations were implemented in Union Government jobs.[10] In 2019 the government announces the 10% reservation in educational institutions and government jobs for economically weaker section of the general category.

The Constitution of India states in article 15(4): "Nothing in [article 15] 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 of or for the Scheduled Castes and the Scheduled Tribes."[11] Article 46 of the Constitution states that "The State shall promote with special care the educational 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."[12]

The Supreme Court of India ruled in 1992 that reservations could not exceed 50 percent, anything above which it judged would violate equal access as guaranteed by the Constitution. It thus put a cap on reservations.[13] However, the recent amendment of the constitution exceeds 50% and also there are state laws that exceed this 50 percent limit and these are under litigation in the Supreme Court. For example, in the State of Tamil Nadu, the caste-based reservation stands at 69 percent and applies to about 87 percent of the population.

Reservation schemes[edit]

In employment[edit]

Government and public sector will hire job seekers based on reservation percentage from two different categories are 1: reservation category (SC, ST, OBC, EWC and other minorities) 2:Open category (General, SC, ST, OBC, EWC and other minorities). In hiring Major priority given to reservation category including 33% reservation for Women, priority in hiring is given by Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then after Open category Will be considered. Government and public sector hiring based on Merit in open category and one more anomaly here i.e., Priority in hiring will be given by: Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then General if they are equally eligibility (for example having same marks or Rank). The landmark initiative of Special Recruitment for Scheduled Caste and Scheduled Tribe in Government jobs was started in Kerala in 1972 by Vella Eacharan. The 1993 Supreme Court ruling in the Indra Sawhney & Others v. Union of India case said that reservations in job promotions are "unconstitutional" or not in accordance with the political constitution but allowed its continuation for five years.[14][13] In 1995, the 77th amendment to the Constitution was made to amend Article 16 before the five-year period expired to continue with reservations for SC/STs in promotions.[15] It was further modified through the 85th amendment to give the benefit of consequential seniority to SC/ST candidates promoted by reservation.[16]

The 81st amendment was made to the Constitution to permit the government to treat the backlog of reserved vacancies as a separate and distinct group, to which the ceiling of 50 per cent did not apply.[17] The 82nd amendment inserted a provision in Article 335 to enable states to give concessions to SC/ST candidates in promotion.[18]

The validity of all the above four amendments was challenged in the Supreme Court through various petitions clubbed together in M. Nagaraj & Others Vs. Union of India & Others, mainly on the ground that these altered the Basic Structure of the Constitution. In 2006, the Supreme Court upheld the amendments but stipulated that the concerned state will have to show, in each case, the existence of "compelling reasons" - which include "backwardness", "inadequacy of representation" and overall "administrative efficiency - before making provisions for reservation. The court further held that these provisions are merely enabling provisions. If a state government wishes to make provisions for reservation to SC/STs in the promotion, the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class.[19]

In 2007, the Government of Uttar Pradesh introduced reservation in job promotions. However, citing the Supreme Court decision, the policy was ruled to be unconstitutional by the Allahabad High Court in 2011.[20] The decision was challenged in the Supreme Court, which upheld it in 2012 by rejecting the government's argument because it failed to furnish sufficient valid data to justify the move to promote employees on a caste basis.[21]

In education[edit]

Universities allot seats based on reservation percentage from two different categories are 1: reservation category (SC, ST, OBC, EWC and other minorities) 2:Open category (General, SC, ST, OBC, EWS and other minorities). In allotment, Major priority given to reservation category including 33% reservation for Women, priority in allotting is given by Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then after Open category Will be considered. Government Universities will allot based on priority by: Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men & then General and reservation percentage under consideration for entrance exams fees, for cut off marks, for allotment of seats and also applicable to other government schemes.

In India student aids are available for—SCs, STs, BCs, OBCs, women, Muslims, and other minorities. Only about 0.7% of student aids in India is based on merit, given the grossly inadequate representation of above-mentioned categories in employment and education due to historic, societal and cultural reasons.[22]

States[edit]

In central-government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs,20% for ESC,12% for SCA,16% for SCB,22% for SCC,18% for SCD).[23] This reservation percentage has been raised to 49.5%[23] by including an additional 27% reservation for OBCs. This ratio is followed even in Parliament and all elections where a few constituencies are earmarked for those from certain communities (which will next rotate in 2026 per the Delimitation Commission).

Percentages of reservation for each state
State/UT SC ST OBC EWS and
Other reserved
Total
Andhra Pradesh 15 6 29 10 60
A&N Islands 38 38
Arunachal Pradesh 80 80
Assam 7 15 27 11 60
Bihar 15 1 34 10 60
Chandigarh 27 27
Chhattisgarh 13 32 27 10 82
D&D&D&NH 3 9 27 39
Delhi 15 7 27 50
Goa 2 12 27 10 51
Gujarat 7 14 27 10 59
Haryana 20 23 10 64
Himachal Pradesh 25 4 20 10 59
Jharkhand 10 26 14 10 60
Karnataka 15 3 32 50
Kerala 8 2 40 50
Lakshadweep 100 100
Madhya Pradesh 16 20 14 50
Maharashtra 13 7 19 23 62
Manipur 3 34 17 54
Meghalaya 80 80
Mizoram 80 80
Nagaland 80 80
Odisha 16 22 27 65
Puducherry 16 34 50
Punjab 29 12 41
Rajasthan 16 12 21 10 59
Sikkim 5 21 24 50
Tamil Nadu 18 1 50 69
Telangana[24] 15 6 29 10 60
Tripura 17 31 2 50
Uttar Pradesh 21 2 27 50
Uttarakhand 18 3 13 34
West Bengal 22 6 7 35

The exact percentages vary from state to state:

  • In Tamil Nadu, OBC reservation is divided into 26.5% Backward Caste, 3.5 Backward Caste (M) and 20% Most Backward Caste and 10.5% sub quota for vanniyars, introduced by AIADMK in 2020,7% for DNT . SC quota has 3% sub-quota for Arunthatiyars, introduced by DMK in 2009.[25]
  • In Maharashtra in addition to the reservation for SC/ST/OBC, there is 2% for SBCs, 3% for Nomadic Tribes – NT-A (Vimukta jati), 2.5% for NT-B, 3.5% for NT-C (Dhangar), and 2% for NT-D (Vanjari).
  • In Northeast India, e.g. in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central Universities of NEHU (Shillong) and Rajiv Gandhi University, 60% of seats are reserved for ST students.
  • In West Bengal, the OBC community is divided into OBC A & B.[26] In West Bengal there is no reservation on religious basis but some economically and educationally backward Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver etc.) have been included along with their Hindu counterparts in the OBC list namely OBC A and OBC B, in both lists caste from both communities are there. But in higher educational institutes, till now there is no reservation for the OBC community but there is reservation in regard to admission in primary, secondary and higher secondary studies.[27][26]

Gender[edit]

The Women's Reservation Bill was passed by the Rajya Sabha on 9 March 2010 by a majority vote of 186 members in favor 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 candidates especially when applying reservation for educated women. The criticism points that the policy benefits women that have access to political capital through family circles and are faced with the burden of a huge learning curve. Again, women are divided among caste and class lines with this dichotomy playing an important role in deciding how the presence of women in the lowest tier of governance impact the problems faced by the women of the constituency[28]

In Gujarat and Andhra Pradesh, 32% of posts are reserved for females in all government departments and services, such as police, health, education and general administration.[29][30][31] From 2015 onwards Kerala has implemented a 55% reservation for all posts of its local self governing bodies.[32]

On 21 July 2021, Karnataka became the first state in the country to provide one percent reservation for the transgender community in all government services. The government submitted a report to the High Court in this regard, informing that a notification had already been issued after amending the Karnataka Civil Service. The job could be given to males or females, from the same category, in case of the non-availability of transgender candidates.[33]

Religion[edit]

The Tamil Nadu government has allotted 3.5% of seats each to Muslims and Christians, thereby altering the OBC reservation to 23% from 30% (since it excludes persons belonging to Other Backward Castes who are either Muslims or Christians).[34]

The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in 2004. This law was upheld by the Supreme Court in an interim order in 2010 but it constituted a Constitution bench to look further into the issue.[35][36] The referral was to examine the constitutional validity of quotas based on religion.[37] Kerala Public Service Commission has a quota of 12% for Muslims.[38] Religious minority (Muslim or Christian) educational institutes also have 50% reservation for Muslim or Christian religions. The Central government has listed a number of Muslim communities as backward Muslims, making them eligible for reservation.[citation needed][39]

Criticism, controversies and protests[edit]

The Union Government on 22 December 2011 announced the establishment of a sub-quota of 4.5% for religious minorities within the existing 27% reservation for Other Backward Classes. The reasoning given was that Muslim communities that have been granted OBC status are unable to compete with Hindu OBC communities.[40] It was alleged that the decision was announced as the Election Commission announced Assembly elections in five states on 24 December 2011. The government would not have been able to announce this due to the model code of conduct. On 12 January 2012, the Election Commission stayed implementation of this decision for violation of the model code of conduct.[41] Later, Justice Sachar, head of the Sachar Committee that was commissioned to prepare a report on the latest social, economic and educational condition of the Muslim community of India, criticised the government decision, saying "Such promises will not help the backward section of minorities. It is like befooling them. These people are making tall claims just to win elections". He suggested that instead of promising to give reservations, the government should focus on basic issues of improving administration and governance.[42]

On 28 May 2012, the Andhra Pradesh High Court quashed the sub-quota. The court said that the sub-quota has been carved out only on religious lines and not on any other intelligible basis. The court criticized the decision: "In fact, we must express our anguish at the rather casual manner in which the entire issue has been taken up by the central government.".[43]

Mandal Commission protests of 1990[edit]

Mandal commission protests of 1990 were against reservation in government jobs based on caste in India.

2006 Indian anti-reservation protests[edit]

The 2006 Indian anti-reservation protests were a series of protests that took place in India in 2006 in opposition to the decision of the Union Government of India, led by the Indian National Congress-headed multiparty coalition United Progressive Alliance, to implement reservations for the Other Backward Classes (OBCs) in central and private institutes of higher education. This move led to massive protests, particularly from students and doctors belonging to the forward castes, who claimed that the government's proposal was discriminatory, discarded meritocracy and was driven by vote-bank politics.

Agitations demanding more reservation[edit]

In 2008 and 2010, the Gurjar community in Rajasthan demanded reclassification from OBC to ST for increased reservation benefits. They began violently protesting on the streets of Rajasthan and blocked several rail lines. Police firing on Gurjars began a tit-for-tat cycle of violence between Police and Gurjars. The violence ended with 37 people dead. Their move was opposed by the Meenas, the main ST community in Rajasthan. In 2019, the agitation restarted as Gurjars demanded 5% reservation instead of 1%, and began blocking trains to this effect.[44]

Jats have been demanding OBC status since the 1990s. In 2016, they began an agitation to get this status. To this effect they began protesting by blockading roads and lines, but later the protests turned violent. Riots spread to Delhi and western Uttar Pradesh, and even Rajasthan. The epicentre of the violence was in Rothak, and almost ₹34000 crores ($4.8 billion) worth of property was damaged and 30 were killed. Bowing to the pressure, the Haryana government created a special category for Jats and other upper castes called BC, and appointed 10% reservation, but the measure was blocked in court.[45]

Beginning in 2015, the Patidar community (better known as Patel) began agitating for OBC status in Gujarat. This movement consisted of massive demonstrations across the state, led by Hardik Patel. Later many of these protests turned violent, resulting in curfews across the state and crores worth of damage. Talks with the government broke down, and the violence restarted. After the Jat agitation began in 2016, the Patidars flared up again and led a march through Gujarat, but protests in several cities turned violent and the Rapid Action Force was sent in.[45]

In January 2016, the Kapu community in Andhra Pradesh began leading protests to be classified in Backward Classes. The agitation became violent when in Tuni, Kapu protestors set trains on fire.[46] In 2019, the Telugu Desam Party which had just been made opposition, tabled a bill to have a 5% sub-quota for Kapus out of EWS reservation.[47]

Marathas, the dominant caste of Maharashtra, have been agitating for OBC status since the 1990s. In 2016, after the rape and murder of a 15-year old Maratha girl in Kopardi, the Maratha community organized massive protests throughout Maharashtra. Their demands included death for the accused as well as reservations for the Maratha community which makes up 16% of the state's population. The protests were mainly peaceful. Some road blocks turned violent in 2017 and 2018, but overall the protests were peaceful. Their demand was met when the Maharashtra government instituted a special SEBC category for them with 16% reservation.[45] The supreme court of India later however, quashed the SEBC reservation for Marathas.[48]

Economic status[edit]

The Union Government tabled the Constitution (One Hundred And Twenty-Fourth Amendment) Bill, 2019 which provided 10% additional quota for the economically weaker sections amongst the erstwhile unreserved category students. The definition of 'economically weaker sections' will be defined by the State from time to time.[49] The constitutional amendment has laid down that they will be restricted to people with household income less than 8 Lakh per annum, or those who own agricultural land below five acres. Business Today has commented that these criteria cover almost 100 percent of the population.[50] Several petitions have been filed before the Supreme Court of India challenging the legality of this amendment.[51]

Exclusions[edit]

There are no exclusions for SC/ST people.

For OBC's people in the following categories are not entitled to take advantage of the reservation system:

  • Children of officials in high office as per the Constitution.[a]
  • Children of civil servants in high positions.[b]
  • Children of armed force officers of high rank.[c]
  • Children of professionals and those engaged in trade and industry.[d]
  • Children of property owners.[e]
  • Children of people with annual income exceeding 8,00,000 [This income does not include salaried income and agricultural income](regarded as the "creamy layer").[52]

Institutions of Excellence, research institutions, Institutions of National and Strategic Importance such as Centre for Development of Advanced Computing, Homi Bhabha National Institute and its ten constituent units, the Tata Institute of Fundamental Research (Mumbai), the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (Shillong), Physical Research Laboratory (Ahmedabad), the Vikram Sarabhai Space Centre (Thiruvananthapuram) and the Indian Institute of Remote Sensing (Dehradun) do not have reservations for higher education.[f] However Institutes of National Importance such as Indian Institutes of Management (IIMs),[56]Indian Institutes of Technology (IITs),[57] National Institutes of Technology (NIT) and Indian Institute of Information Technology (IIIT) have provision of reservation in admission process for undergraduate and graduate programs.[58]

On 27 October 2015, the Supreme Court directed the state and the Central governments to end the regional quota and to ensure that super-specialty medical courses are kept "unreserved, open and free" from any domicile status after the court had allowed petitions files by some MBBS doctors.[59]

Creamy layer[edit]

The term creamy layer was first coined in 1974 in the State of Kerala vs N. M. Thomas case when a judge said that the "benefits of the reservation shall be snatched away by the top creamy layer of the backward class, thus leaving the weakest among the weak and leaving the fortunate layers to consume the whole cake".[60][61] The 1992 Indra Sawhney & Others v. Union of India judgement laid down the limits of the state's powers: it upheld the ceiling of 50 percent quotas, emphasised the concept of "social backwardness", and prescribed 11 indicators to ascertain backwardness. The judgement also established the concept of qualitative exclusion, such as "creamy layer".[62][63][64] The creamy layer applies only to OBCs.[65] The creamy layer criteria were introduced at Rs 1 lakh in 1993 and revised to Rs 2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013, but now the ceiling has been raised to ₹8 lakh (in September 2017).[66] In October 2015, the National Commission for Backward Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to ₹15 lakh should be considered as minimum ceiling for OBC.[67] The NCBC also recommended sub-division of OBCs into "backward", "more backward" and "extremely backward" groups and to divide the 27 per cent quota amongst them in proportion to their population, to ensure that stronger OBCs do not corner the quota benefits.[68][69]

Reservation in states[edit]

Andhra Pradesh[edit]

Andhra Pradesh state percentage of reservation is around 50%. Including the overall 1/3 reservation for women, 66.66% of seats are reserved in Andhra Pradesh in Education and Government jobs.

  • Scheduled Castes – 15%
  • Scheduled Tribes – 6%
  • Backward Classes (A, B, C, D) – 27%
  • Physically Handicapped (Blind, Deaf & Dumb and OPH) – 3% (1% each)
  • Ex-servicemen (APMS only) – 1% (0.5% in general category)
  • Women – 33.33% (in all categories, means 16.66% in general category)

Andhra Pradesh BC quota has sub-quotas for castes, classified in A, B, C and D. Addition of disabled, ex-serviceman, women in general category 16.66% makes total reservation percentage 66.66%.

In 2018 the government the assembly passed a bill granting 5% reservation to Kapus but this was scrapped in 2019 citing lack of legal standing.[70]

Arunachal Pradesh[edit]

Arunachal Pradesh has 80% reservation for Scheduled Tribes.

Assam[edit]

  • Scheduled Castes – 7%
  • Scheduled Tribes – 15%
  • Other Backward Classes – 27%
  • Economically Weaker Sections – 10%

Assam provides sub quotas for several other communities such as Morans, Mataks and Tea Tribes in medical colleges under the OBC category. In November 2020, Assam's cabinet extended this reservation to Koch-Rajbongshis, Ahoms and Chutias. These six communities are demanding Scheduled Tribe status.[71]

In January 2019, Assam approved EWS reservation.[72]

Bihar[edit]

  • Scheduled Castes – 15%
  • Scheduled Tribes – 1%
  • Other Backward Classes – 34%
  • Economically Weaker Sections – 10%

First implemented in 1970 by Karpoori Thakur, Bihar has a sub-quota within OBC quota of 18% for Extremely Backward Castes (EBCs) and 3% for Backward Caste women in government jobs and educational institutes.[73] EWS reservation was implemented in 2019.[74]

Chhattisgarh[edit]

  • Scheduled Castes – 13%
  • Scheduled Tribes – 32%
  • Other Backward Classes – 27%
  • Economically Weaker Sections – 10%

The reservations for OBCs were raised from 14% to 27% and EWS quota was implemented in the state in 2018. With these reservations, Chhattisgarh has a total of 82% reserved seats.[75]

Delhi[edit]

  • Scheduled Castes - 15%
  • Scheduled Tribes - 7%
  • Other Backward Classes - 27%

Since Delhi is a Union territory and subject to the Central government, government jobs in Delhi are designated Central Government jobs. In a 2018 Supreme Court decision, it was decided that since Delhi is the capital and no one is an "outsider" there reservations in the territory should follow the all-India pattern. Furthermore, these reserved jobs are open from reserved communities from outside Delhi.[76]

Goa[edit]

  • Scheduled Castes – 2%
  • Scheduled Tribes – 12%
  • Other Backward Classes – 27%
  • Economically Weaker Sections – 10%
  • Physically handicapped - 3%
  • Ex-servicemen - 2%
  • Sportspersons - 3%

In 2014, the quota for OBC reservation was raised from 19.5% to 27%.[77] In June 2019, Goa implemented EWS reservation in jobs and education.[78]

Gujarat[edit]

  • Scheduled Castes – 7%
  • Scheduled Tribes – 15%
  • Other Backward Classes – 27%
  • Economically Weaker Sections – 10%

Gujarat also implemented a 33% reservation for general category women in government jobs. The government also banned reserved category applicants from competing for general category seats, but this was revoked in 2020. Similarly the women reservation was made cutting across all categories in 2020.[79] Gujarat was one of the first states to implement EWS reservation, which applies to general category candidates with less than ₹8 lakhs income, not including other assets like land.[80]

Haryana[edit]

  • Scheduled Castes – 20%
  • Other Backward Classes – 23%
  • Economically Weaker Sections – 10%
  • Ex-servicemen – 5%
  • Sportspersons – 3%
  • Physically handicapped – 3%

In Haryana OBCs are divided into A, B, C categories, each with 11%, 6% and 6% reservation respectively. Reservations in promotions are different, although still based on population.[81] In 2021, Haryana passed a law mandating 75% reservation in private-sector jobs with incomes less than ₹25,000 for "local" candidates.[82]

Himachal Pradesh[edit]

  • Scheduled Castes – 25%
  • Scheduled Tribes – 4%
  • Other Backward Classes – 20%
  • Economically Weaker Sections – 10%

In the Scheduled Areas which have a very high percentage of STs, such as Kinnaur and Lahaul and Spiti districts, percentage of ST reserved seats in government jobs are much higher.

Maharashtra[edit]

  • Scheduled Castes (SC) (13%)
  • Scheduled Tribes (ST) (7%)
  • Other Backward Classes (OBC) (19%)
    • Special Backward Classes (SBC) (2%)
    • Nomadic Tribes – A (Vimukta jati) (3%)
    • Nomadic Tribes – B (2.5%)
    • Nomadic Tribes – C (Dhangar) (3.5%)
    • Nomadic Tribes – D (Vanjari) (2%)
  • Economically Weaker Sections (EWS) – 10%

Maharashtra has 62% reservation in educational institutions and government jobs.[83][84]

See also[edit]

Notes[edit]

  1. ^ Included among the high office holders are the President of India, the Vice-President of India, Judges of the Supreme Court of India, the High Courts chairman, the members of Union Public Service Commission, members of the State Public Service Commission, Chief Election Commissioner, Comptroller Auditor-General of India or any person holding positions of a constitutional nature.[52]
  2. ^ Included among this category are Class I or Class II officers, unless dead or incapacitated.[53] The criteria used for Group A and B are the same as the employees of the Public sector.[52]
  3. ^ High ranks include the rank of colonel and above in the army or in equivalent posts in the Navy, the Air Force, and the Paramilitary Force. But that will hold true provided that-
    1. "the wife of an armed forces officer is herself in the armed forces (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel."
    2. "the service ranks below Colonel of husband and wife shall not be clubbed together"
    3. "if the wife of an officer in the armed forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No.II in which case the criteria and conditions"[52]
  4. ^ If a person has a high paying job such as physician, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artist or other film professionals, author, playwright, sports person, sports professional, media professional or any other vocations of like status. If the husband holds one of the above jobs and the wife does not then the husband's income will be taken into consideration and if the wife holds one of the above jobs then the wife's income will be taken into consideration. The income of the family as a whole will be taken into account because the whole point of the reservation system is to raise the social status of the people that belong to the SC's, ST's and OBCs and if a family's income is high already it is considered that it raises their social status as well.[52]
  5. ^ Included in this category are those who have irrigated land area which is equal to or more than 85% of the statutory ceiling area will be excluded from the reservation. They would only be under reservation if the land is exclusively unirrigated. Those with vacant buildings can use them for residential, industrial or commercial purposes, hence they are not covered under reservations.[52]
  6. ^ Such institutions include the Centre for Development of Advanced Computing, Homi Bhabha National Institute and its ten constituent units, the Tata Institute of Fundamental Research (Mumbai), the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (Shillong), Physical Research Laboratory (Ahmedabad), the Vikram Sarabhai Space Centre (Thiruvananthapuram) and the Indian Institute of Remote Sensing (Dehradun).[54][55]

References[edit]

  1. ^ "Reservation Is About Adequate Representation, Not Poverty Eradication". The Wire. Retrieved 19 December 2020.
  2. ^ Rajagopal, Krishnadas (11 June 2020). "Right to reservation is not a fundamental right, observes SC judge as parties withdraw plea for quota". The Hindu. ISSN 0971-751X. Retrieved 19 December 2020.
  3. ^ a b Laskar, Mehbubul Hassan. "Rethinking Reservation in Higher Education in India" (PDF). ILI Law Review. pp. 29–30. Archived from the original (PDF) on 25 April 2012.
  4. ^ Menon, V. P. (1957). Transfer of Power in India (Reprinted ed.). Orient Blackswan. pp. 49–50. ISBN 978-81-250-0884-2.
  5. ^ "Human Development Report 2016" (PDF). UNDP. p. 119. Retrieved 21 March 2017.
  6. ^ Passin, Herbert (October 1955). "Untouchability in the Far East". Monumenta Nipponica. 11 (3): 247–267. doi:10.2307/2382914. JSTOR 2382914.
  7. ^ "Educational Safeguards". Department of Education. Government of India. Archived from the original on 19 June 2009. Retrieved 27 November 2011.
  8. ^ a b Bhattacharya, Amit (8 April 2006). "Who are the OBCs?". The Times of India. Archived from the original on 27 June 2006. Retrieved 19 April 2006.
  9. ^ Ramaiah, A. (6 June 1992). "Identifying Other Backward Classes" (PDF). Economic and Political Weekly. pp. 1203–1207. Archived from the original (PDF) on 30 December 2005. Retrieved 27 May 2006.
  10. ^ "Implementation of Recommendations of Mandal Commission". Parliament of India. Retrieved 4 November 2011.
  11. ^ Article 15, Section 4 of the Constitution of India (1950)
  12. ^ Article 46, Section 0 of the Constitution of India (1950)
  13. ^ a b "Indra Sawhney Etc. vs Union of India And Others, Etc. on 16 November, 1992". IndianKanoon.org. Retrieved 22 August 2012. (4) Reservation being an extreme form of protective measure or affirmative action it should be confined to minority of seats. Even though the Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%.", "Reservation in promotion is constitutionally impermissible as once the advantaged and disadvantaged are made equal and are brought in one class or group then any further benefit extended for promotion on the inequality existing prior to being brought in the group would be treating equals unequally. It would not be eradicating the effects of past discrimination but perpetuating it.
  14. ^ "BJP's OBC pitch: How stronger new backward classes panel will function". The Indian Express.
  15. ^ "Seventy Seventh Amendment". Indiacode.nic.in. Retrieved 19 November 2011.
  16. ^ "Eighty Fifth Amendment". Indiacode.nic.in. 4 January 2002. Retrieved 19 November 2011.
  17. ^ "Eighty First Amendment". Indiacode.nic.in. 29 August 1997. Retrieved 19 November 2011.
  18. ^ "Eighty Second Amendment". Indiacode.nic.in. Retrieved 19 November 2011.
  19. ^ Kapadia, S. H. "M.Nagaraj & Others vs Union of India & Others on 19 October 2006". Retrieved 22 August 2012. We reiterate that the ceiling-limit of 50%, the concept of creamy layer and the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency are all constitutional requirements without which the structure of equality of opportunity in Article 16 would collapse.", "As stated above, the impugned provision is an enabling provision. The State is not bound to make reservation for SC/ST in matter of promotions.
  20. ^ "Promotion quota not legally sustainable: HC". The Times of India. 5 January 2011. Archived from the original on 26 January 2013. Retrieved 10 August 2012.
  21. ^ "Supreme Court upholds High court's decision to quash quota in promotion". The Times of India. 28 April 2012. Archived from the original on 10 May 2013. Retrieved 10 August 2012.
  22. ^ "Guess how many Indians get merit-based scholarship". Rediff. 1 September 2014. Retrieved 8 May 2016.
  23. ^ a b "Affirmative Action and Peer Effects: Evidence from Caste Based Reservation in General Education Colleges in India" (PDF). Virginia University, Virginia. Retrieved 5 November 2011.
  24. ^ https://www.tspsc.gov.in/FAQ.jsp
  25. ^ "Status of Reservation of OBC in Various States". pib.nic.in. Retrieved 24 February 2019.
  26. ^ a b "Backward Classes Welfare Department, Government of West Bengal". Retrieved 2 February 2015.
  27. ^ "BCW Department-Govt of West Bengal, Reservation". Retrieved 2 February 2015.
  28. ^ M S, Navaneeth. "Reservations for Women in Kerala's Local Self-government Institutions: A Mere Tokenism?" (PDF). International Journal of Law Management and Humanities. 3: 4.
  29. ^ "33% reservation for women in all Gujarat state government jobs". Deccan Herald. 13 October 2014. Retrieved 3 September 2015.
  30. ^ "Gujarat increases women's reservation to 33% in government jobs". dna. 14 October 2014. Retrieved 3 September 2015.
  31. ^ Arora, N.D. (2010). Political Science for Civil Services Main Examination. Tata McGraw-Hill Education. p. 19. ISBN 9780070090941.
  32. ^ "Local body polls: Women fight on two fronts as parties reluctant to give out general seats". OnManorama. Retrieved 30 December 2020.
  33. ^ "Karnataka Is The First State To Provide 1% Reservation To Transgenders In Govt Services". India Times. Retrieved 21 July 2021.
  34. ^ Viswanathan, S. (16 November 2007). "A step forward". Frontline. 24 (22). Archived from the original on 20 November 2010.
  35. ^ "Interim relief to AP on Muslim reservation". The Hindu. Retrieved 14 June 2015.
  36. ^ "Supreme Court to hear govt on Muslim quota". The Times of India. Archived from the original on 29 June 2013. Retrieved 14 June 2015.
  37. ^ "Centre Seeks SCs approval on Muslim Reservation". timesofindia-economictimes. Retrieved 5 March 2020.
  38. ^ "Reservation chart by Kerala Public Service Commission". 7 September 2020.
  39. ^ A, Roshan (2 February 2010). "State Government Provides Reservation to Muslims". Economic Times. Retrieved 6 February 2010.
  40. ^ "4.5% quota fails to impress Muslims in Uttar Pradesh". The Times of India. 23 December 2011. Archived from the original on 10 May 2013.
  41. ^ "Election Commission stalls 4.5% sub-quota in poll states". The Times of India. 12 January 2012. Archived from the original on 10 May 2013. Retrieved 28 May 2012.
  42. ^ "Govt trying to befool minorities with quota: Sachar". 19 February 2012. Retrieved 20 February 2012.
  43. ^ "HC Quashes Centre's 4.5% Sub-Quota for Minorities". 28 May 2012. Archived from the original on 29 May 2012. Retrieved 28 May 2012.
  44. ^ "10 trains affected as Gujjar quota agitation enters Day 3". India Today. 10 February 2019. Retrieved 24 March 2020.
  45. ^ a b c "Jats, Marathas, and Patels Want Quotas, But Do They Need Them?". Economic and Political Weekly: 7–8. 5 June 2015.
  46. ^ "Andhra's caste reservation protests to return? Kapu leaders chalk out action plan". The News Minute. 3 December 2016. Retrieved 8 February 2021.
  47. ^ "Why trouble is brewing in Andhra over Kapu reservation once more". The News Minute. 17 July 2019. Retrieved 8 February 2021.
  48. ^ https://www.thehindu.com/news/national/sc-declares-maratha-quota-law-unconstitutional/article34487043.ece
  49. ^ ET Explains: What is Constitution (One Hundred And third Amendment) Bill, 2019?, The Economic Times, 9 January 2019.
  50. ^ In-depth: Who is eligible for the new reservation quota for general category?, Business Today, 8 January 2019.
  51. ^ "Challenge to reservation for economically poor". 1, Law Street. 11 February 2019. Retrieved 20 February 2019.
  52. ^ a b c d e f "Judgement Writ Petition (Civil) No.930 of 1990 – Indira Sawhney Versus Union of India And others (16.11.1992)" (PDF). National Commission for Backward Classes. Retrieved 5 November 2011.
  53. ^ Office Memorandum, ncbc.nic.in, pp. 7–8
  54. ^ "Press Information Bureau English Releases". Retrieved 2 February 2015.
  55. ^ "Extraordinary Part II - Section I" (PDF). The Gazette of India. Retrieved 24 February 2019.
  56. ^ "Two-Year Post Graduate Programme in Management". Indian Institute of Management Ahmedabad.
  57. ^ "Reservation of Seats". UCEED.
  58. ^ "Concessions Provided for Students". National Institute of Technology Patna.
  59. ^ "No quota in higher medicine: SC". The Telegraph. 27 October 2015.
  60. ^ "Supreme Court Of India – Judgement Information System".
  61. ^ "Scourge of reservation: The invisible creamy layer". The Pioneer.
  62. ^ "Explained: Order reserved". The Indian Express.
  63. ^ "For an equitable society, reservations must be extended to private sector". The Indian Express. 23 October 2015. Retrieved 8 May 2016.
  64. ^ "Plea to reconsider judgement in Indra Sawhney case of 1992".
  65. ^ "'Can't keep SC/ST creamy layer out of quota benefits' - Times of India". The Times of India. Retrieved 24 February 2019.
  66. ^ "Raise 'creamy layer' to Rs 10.5 lakh: OBC panel".
  67. ^ "OBC panel backs off, won't make 'creamy layer' reservation criteria stringent".
  68. ^ "OBC sub-division, relaxing creamy layer is a must: NCBC tells govt".
  69. ^ "Raise 'creamy layer' to Rs 10.5 lakh: OBC panel". The Times of India. Retrieved 8 May 2016.
  70. ^ Menon, Amarnath K. (30 July 2019). "Andhra Pradesh: Jagan scraps Kapu quota, says not legally tenable". India Today. Retrieved 8 February 2021.
  71. ^ "Poll-bound Assam reserves medical seats for 3 communities demanding ST status". The Hindu. Special Correspondent. 1 November 2020. ISSN 0971-751X. Retrieved 8 February 2021.CS1 maint: others (link)
  72. ^ "Assam Becomes Fourth State to Approve 10% Quota for Economically Weaker Sections". News18. 22 January 2019. Retrieved 8 February 2021.
  73. ^ Kumar, Madan (25 January 2018). "EBC: Nitish bats for EBC quota in central jobs, varsities". The Times of India. Retrieved 8 February 2021.
  74. ^ Tewary, Amarnath (21 January 2019). "10% reservation for EWS will be implemented in Bihar too, says Nitish Kumar". The Hindu. ISSN 0971-751X. Retrieved 31 March 2021.
  75. ^ "With 82 per cent, Chhattisgarh now has highest reservation quota in India". The New Indian Express. Retrieved 8 February 2021.
  76. ^ Choudhary, Amit Anand (30 August 2018). "Delhi to follow pan India rule for SC/ST reservation, people from other states are entitled: SC". The Times of India. Retrieved 31 March 2021.
  77. ^ "Goa govt increases quota for OBCs in jobs to 27%". The Times of India. 16 January 2014. Retrieved 8 February 2021.
  78. ^ "Goa and J&K govt order 10% EWS quota to be implemented in jobs and education". India Today. 23 June 2019. Retrieved 8 February 2021.
  79. ^ "Gujarat government in fix over its resolution for open category reservation". Deccan Herald. 12 February 2020. Retrieved 31 March 2021.
  80. ^ "Gujarat govt sends EWS quota proposal to Centre to implement in colleges". The Indian Express. 30 May 2019. Retrieved 31 March 2021.
  81. ^ "Reservation Policy | Welfare of Scheduled Caste & Backward Classes Department, Government of Haryana". haryanascbc.gov.in. Retrieved 31 March 2021.
  82. ^ "Is Haryana's new reservation law constitutionally tenable?". Hindustan Times. 8 March 2021. Retrieved 31 March 2021.
  83. ^ "Bill for 16% Maratha quota for PG Medical admission passes Maharashtra legislature test - Key points to know". Zee Business. 21 June 2019. Retrieved 23 June 2019.
  84. ^ "Cabinet approves 10% quota for EWS in general category". @businessline. Retrieved 23 June 2019.

Further reading[edit]

External links[edit]