Reservation in India was introduced to promote social justice and advancement of socially and educationally backward classes and scheduled castes and tribes. It aims to correct historical wrongs and inequalities. However, over time the reservation system has become complex with many types of reservations, and there is ongoing debate around its impact on merit, efficiency and equality. Suggestions include reviewing the need and criteria for reservations regularly, focusing on socio-economic status over caste, and taking a holistic approach to rural development to eventually eliminate the need for caste-based reservations.

1. RESERVATION IN
INDIA – An Overview
PRESENTED BY:-
RISHIKESH MANDHANE
Student of Navjeevan Law College, Nasik.

3. WHAT IS RESERVATION??
Reservations are political instruments that deliver a public good which
corrects a socio-economic wrong.
Reservation is also termed as Affirmative action and fair discrimination.
Article 15(4) states that "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.”
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."

5. He states that PURUSHA SUKHTA in Rig Veda which defines PURUSHA means a
COSMIC MAN.
It divided Purusha as:
BRAHMAN: MOUTH
RAJANYA: BOTH ARMS
VAISHYAS: THIGHS
SHUDRAS: FEET
The Purusha Sukta is a LATER INTERPOLATION and FRAUDULENT EMENDATION in the Rig
Veda. – DR. BABASAHEB AMBEDKAR
RAM SHARAN SHARMA an eminent historian and academic of Ancient and early Medieval India
who states that in his book “Sudras in Ancient India” "the Rig Vedic Society was neither
organized on the basis of social division of labour nor on the basis of wealth ... [it] was
PRIMARILY ORGANISED ON THE BASIS OF KIN, TRIBE AND LINEAGE.
VEDAS (1500-1000 BCE)

6. DHARMASHASTRA –
(Mahabharata and Puranas)
Varna system is extensively discussed in Dharma-shastras.
People with GRIEVOUS SINS are excluded as OUTCASTES
(UNTOUCHABLES) and considered outside the varna system who
fall out of this system.
Classification of society:
Brahmins: priests, scholars and teachers.
Kshatriyas: rulers, warriors and administrators.
Vaishyas: agriculturalists and traders.
Shudras: laborers and service providers. (Today’s OBC)
ATI SHUDRA: UNTOUCHABLES (Today’s SC and ST)
SAVARNA
AVARNA Falls out of Caste
System
(Source: Reservations in India Myths and Realities- Mulchand S. Rana)

7. OBJECTIVEOBJECTIVEOBJECTIVEOBJECTIVEOF RESERVATIONOF RESERVATIONOF RESERVATIONOF RESERVATION

8. MILESTONES OF ATTAINMENT OF
OBJECTIVES
SHAHU MAHARAJ of Kolhapur introduced RESERVATIONS FOR
NON BRAMHIN AND BACKWARD CLASSES which came into force
in 1902.
The BRITISH RAJ introduced elements of reservation in
the Government of India Act
A significant change began in 1978 when the MANDAL
COMMISSION was established to assess the situation of the
socially and educationally backward classes and provided for 27%
of quota to OBCs.
10 % Reservation to Economically Backward Class in 2019 by
Government.

9. TYPES OF RESERVATIONTYPES OF RESERVATIONTYPES OF RESERVATIONTYPES OF RESERVATION
Caste Based – On Birth
Gender Based – On Gender
Religion Based – On Birth or Change in Religion
State of Domicile – Jobs Reserved for Domiciles of States
Economic Criteria – Based on Income
Management Quota – Anyone having money can buy a seat
Undergraduate Colleges – Reserving PG seats for students of same
college
Other Criteria – Lineal descendants of freedom fighters, Differently
Abled, Sports Personalities, NRI etc.

10. RESERVATIONS IN PROMOTIONS
In 1992, in the Indra Sawhney case Supreme Court held
that reservations in job promotions are "UNCONSTITUTIONAL“
Amendments in constitution were made in respect job promotions –
77th amendment for reservations for sc/nt in promotions
81st 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
82nd amendment inserted a provision in Article 335 to enable states to give
concessions to SC/ST candidates in promotion
85th amendment to give the benefit of consequential seniority to SC/ST
candidates promoted by reservation
Validity of above amendments challenged in 2006 where SC held
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.
In 2007, the Government of Uttar Pradesh introduced reservation in job
promotions which was rejected as it failed to furnish sufficient valid data
to justify the move to promote employees on a caste basis.
SUPREME COURT DECISION

11. GENDER BASED RESERVATIONS
The Women's Reservation Bill was passed by the Rajya
Sabha on 9 March 2010 by a majority vote of 186 members in
favour 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 candidate
especially when applying reservation for educated women.
There also is a growing demand for women reservation in pre-
existing reservations like OBC, SC/ST, physically handicapped
etc. Some groups still demand that reservation for women
should be at least 50 percent as they comprise 50 percent of
the population.
It provided for 33% posts reserved for women.
In Gujarat, 33% of posts are reserved for females in all
government departments and services, such as police, health,
education and general administration

12. RESERVATION BASED ON ECONOMICRESERVATION BASED ON ECONOMICRESERVATION BASED ON ECONOMICRESERVATION BASED ON ECONOMIC
STATUSSTATUSSTATUSSTATUS
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 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 or house less than 1000 sft or residential plot less than
100 yards in notified and 200 yards in non notified area
Business Todayhas commented that these criteria cover almost 100
percentof the population….!!!

13. Demands of Caste Based Reservation in
Sports & Indian Army…!!
• Union Minister Ramdas Athawale "If
there is reservation in cricket and other
sports, the boys from our community
will play better, get training and do
practice."
(Source: The Indian Express date 02.07.2017)
• For giving the reasons behind
reservation in army, he explained, "I
once said that the salary in army is
over Rs 50,000. Rather than working
for Rs 5,000-10,000 as contract
labour, you go to army.”

14. Reservation system is GLOBAL….!!
USA – Affirmative actions : It provides employment equality and proper
representation in education to Blacks, Hispanic and American Indian (Native
tribals) further this policy also applies to private sector where the US govt.
suggests that "When a private company sells more than $50,000 in products or
services to the federal government and employs at least 50 workers, it must
develop a written affirmative action plan
Canada - Certain seats reserved for Aboriginal Indians (Canadian tribals),
women's and physical disabled people in Public sector and college.
Japan - Buramukin and Koreans are given first preference to government jobs
China - Tribals and certain ethnic communities who consist 8% of total chinese
population are provided lower qualification requirements than majority in
every public sector jobs and education institutions

15. CURRENTCURRENTCURRENTCURRENTSCENARIOSCENARIOSCENARIOSCENARIO
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 except in recent
reservation
Inequality still prevails.
Some states have more than 50% reservation as in Tamil
Nadu i.e. 69 %
Merit and efficiency are in danger.
People have been misusing the policy

16. 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 (Brain Drain)

17. 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.

18. SUGGESTIONSSUGGESTIONSSUGGESTIONSSUGGESTIONS
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.
An ASSUREDHEALTH, EDUCATIONand INFRASTRUCTUREASSUREDHEALTH, EDUCATIONand INFRASTRUCTUREASSUREDHEALTH, EDUCATIONand INFRASTRUCTUREASSUREDHEALTH, EDUCATIONand INFRASTRUCTURE
SYSTEMCAN DEMOLISHTHE CASTE SYSTEM…!! And inSYSTEMCAN DEMOLISHTHE CASTE SYSTEM…!! And inSYSTEMCAN DEMOLISHTHE CASTE SYSTEM…!! And inSYSTEMCAN DEMOLISHTHE CASTE SYSTEM…!! And in
consequence caste based RESERVATIONS.consequence caste based RESERVATIONS.consequence caste based RESERVATIONS.consequence caste based RESERVATIONS.

19. CONCLUSIONCONCLUSIONCONCLUSIONCONCLUSION
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 very hard.
Reservation should be provided to people who really need and should be tracked regularly.
Equality will never be achieved if reservation is given on the basis of caste.
A collective effort is required.