This document discusses India's system of reservation, which aims to promote equal opportunity and eradicate inequality. It provides historical context, outlines key constitutional provisions and court cases related to reservation. While reservation was initially intended to address social and educational backwardness, the criteria for determining reservation has not changed since 1950 despite significant social development. The current reservation quota exceeds 45% in some states, raising concerns about impact on merit, efficiency and quality of education. Suggestions are made to review the reservation system and establish new criteria based on economic status and poverty, along with ensuring transparency. In conclusion, while reservation initially served a reformatory purpose, the criteria is now outdated and a holistic approach is needed to truly achieve equality.

1. RESERVATION
A social transformation, hijacked by political ambition
Ambuj Tiwari

2. AA – RAKSHAN:
A CALL FOR PROTECTION AGAINST INEQUALITY

3. CONTENTS
 INTRODUCTION
 HISTORICAL BACKGROUND
 ROLE OF JUDICIARY
 CURRENT SCENARIO
 SUGGESTIONS
 CONCLUSION

4. INTRODUCTION
Objective : Reservation was introduced to eradicate inequality
and provide equal opportunity to all the citizens.
 Based on Social and Educational Backwardness.
 The Open Category people have started to subjugated.
 1950 to 2017, the criteria for reservation remains same.
 Merit > Caste/ Religion in educational and employment
sector.

5.  Scheduled Castes are the lower castes in the hierarchy of the Hindu Culture.
 Scheduled Tribes are the tribes which are not confined to Hinduism. They
include indigenous community like Adivasis.
 Other Backward Class is a term used by the Government (as per the report
submitted by the Mandal Commission) for the class of society which are
socially and educationally disadvantaged or the lower strata of the Indian
Society.

6. CONSTITUTIONAL PROVISIONS
 Article 366 (24) and 366 (25) defines Schedule Castes and Schedule Tribes.
 Article 341 and 342 - the broad policy issues and development level of SCs and STs.
 Article 17 of the Indian Constitution prohibits untouchability and ban its practices in any
form.
 Article 16 ensures equality of opportunity in matters of public employment.
Article 15 prohibits discrimination on grounds of religion, caste, race, sex or place of birth.

7.  Article 46 - state should promote the Educational and economic interests of
Schedule Castes, Schedule Tribes, and other weaker sections.
 Article 335 - claims of Scheduled Castes and Scheduled Tribes to be taken into
consideration to services and posts.
 Article 330 is for reservation of seats in Lok Sabha and Article 332 is for
reservation of seats in State Legislative Assembly.
 Article 243 (D) and (T) is for reservation of seats in Panchayat and Municipalities,
respectively.
 Article 338 states about National Commission for SCs.
 Article 334 : Reservation of seats and special representation to cease after
[Seventy years]

8. HISTORICAL BACKGROUND
Post Independence.
 Constituent Assembly.
 Kaka Kalelkar Commission.
 Mandal Commission.

9. JUDICIARY IN ACTION
CASE LAWS
 State of Madras Vs. Champakam Dorairajan, AIR 1951 SC
226
 M. R. Balaji Vs. State of Mysore, AIR 1963 SC 643
 Indra Sawhney & Ors. Vs. Union of India, AIR 1993 SC 477
 State of Kerala Vs. N M Thomas, 1976 AIR 490, 1976 SCR(1)
906
 M. Nagaraj Vs. Union of India, AIR 2007 SC 71

10. CURRENT SCENARIO
 Total reservation quota stands at 45% in many states
of the Nation.
 Caste system has lost its prevalence in the nation
and is not as strong as it was in the 1950s.
 The Economic status is not a test.
Inequality still prevails.
 Merit and efficiency are in danger.
 People have been misusing the policy.

11.  Can equality be achieved by compromising with merit?
 Reservation is diluting the quality of education.
 Capable candidates are denied opportunity.
 The nation does not have enough resources to increase
the number of seats in professional colleges.
 Candidates will start moving to foreign universities for
higher education.

12.  Reservation was a temporary aid and has now become
permanent crutches.
People strive to be declared as backward.
 Our representatives have not taken any firm action.
 The rural India needs schools, health care and
infrastructure. A HOLISTIC APPROACH is necessary.

13. TYPES OF RESERVATION
Caste Based
 Management Quota
 Gender Based
 Religion Based
 State of Domicile
 Undergraduate Colleges
 Other Criteria

15. SUGGESTIONS
 A review before amending the Article 334 for next ten years
(2030) should be made mandatory.
 A criteria for reservation which satisfies SOCIALLY,
EDUCATIONALLY AND ECONOMICALLY- POVERTY.
Creation of database so that the citizens will know who all are
enjoying the benefits of reservation.
 Reservation for – PWDs mandatory.

16. CONCLUSION
 Taking all the points we can conclude that the reservation policy was
reformatory in nature but now is a weapon for gaining power.
 There has been development socially, economically and
educationally.
 The criteria is thus out dated. Review is the need of the hour.
Complete elimination is not possible.
 Reservation should be provided to people who really need and
should be tracked regularly.

17.  Equality will never be achieved if reservation is
given on the basis of caste.
 Reservation is not the solution to all the problems
and a holistic approach is required.
 A collective effort is required.

18. THANK YOU !