Reservation system in India: Can communities remain backward in perpetuity?

Lalit Shastri

Constitution of India, at the time of adoption in 1950, laid down the fundamental principles of equality, non-discrimination, and affirmative action in Articles 15 and 16, which allowed the state to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes (SC) and Scheduled Tribes (ST).

However, the detailed mechanisms for reservation and quotas, as well as provisions for economically weaker sections, were added through subsequent amendments, reflecting the evolving needs and challenges of Indian society. So, while the foundational principles were present in the original Constitution, the specific modalities and extents of reservation were developed over time through legislative and judicial processes.

Constitutional Amendments:

Constitution (First Amendment) Act, 1951: Added Article 15(4) and Article 16(4) to enable the state to make special provisions for the advancement of socially and educationally backward classes including Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs).

Constitution (Seventy-Seventh Amendment) Act, 1995: Inserted Article 16(4A) providing for reservation in promotions to SCs and STs.

Constitution (Ninety-Third Amendment) Act, 2005: Introduced Article 15(5) and 16(6), enabling the state to make special provisions for the advancement of economically weaker sections.

Supreme Court Judgments:

Indra Sawhney & Others vs. Union of India (1992): Laid down the concept of the "Creamy Layer" within the reservation system, excluding socially advanced persons within reserved OBC categories from the benefits of reservations.

M. Nagaraj & Others vs. Union of India (2006): Upheld the constitutional validity of the provision for reservation in promotions for SCs and STs under Article 16(4A) subject to certain conditions.

Jarnail Singh & Others vs. Lachhmi Narain Gupta & Others (2018): Ruled that the states are not bound to provide reservations in promotions to SCs and STs, but if they wish to exercise their discretion, they have to collect quantifiable data showing backwardness of the class.

Economically Weaker Section (EWS) Reservation Case (2019): The Supreme Court upheld the 103rd Constitutional Amendment Act, 2019, which introduced the 10% reservation in educational institutions and public employment for economically weaker sections among the general category.

These amendments and judgments have  shaped and defined the reservation system in India.

When the Indian Constitution was adopted in 1950, the reservation system was envisioned as a means to address historical injustices and socio-economic disparities. However, the specific provisions that came into effect through subsequent amendments were not present in the original Constitution. 

The reservation system in India, particularly for Scheduled Castes (SCs) and Scheduled Tribes (STs), was indeed initially guaranteed for a period of 10 years when the Constitution was adopted in 1950. This provision was laid down in Article 334 of the Indian Constitution. 

Article 334 stated that the provisions for reservation of seats for SCs and STs in the Lok Sabha (Lower House of Parliament) and State Legislative Assemblies, as well as the reservation of seats in the services under the Union and the States, were to cease to have effect after a period of 10 years from the commencement of the Constitution.

However, this provision was subsequently amended by the Constitution (Seventeenth Amendment) Act, 1964, and extended the reservation for SCs and STs in the Lok Sabha and State Legislative Assemblies for another 10 years, until 1970.

After this, the reservation period was further extended through subsequent amendments.  The provisions related to reservation are primarily covered under Articles 15, 16, and 334, among others. 

Article 334 specifically dealt with the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha (Lower House of Parliament) and State Legislative Assemblies, as well as reservation in services under the Union and the States, for a period of 10 years. This provision has been amended multiple times to extend the duration of reservation beyond the initial 10-year period.

The provisions regarding reservation have been amended and expanded through many constitutional amendments, such as the 77th Amendment, 93rd Amendment, and 103rd Amendment, among others. These amendments have extended reservation to various communities and also introduced reservation based on economic criteria.

Today, reservation for SCs and STs, as well as for Other Backward Classes (OBCs) and economically weaker sections from the general category, continues to rule India's socio-political landscape.

Question arises: Can communities remain backward in perpetuity? Problem is there is an increasing tendency to increase reservations for SC, ST, OBC and move some OBC to ST or SC category. They violate the 50% cap on reservation.

Indian democracy has gone full circle creating the hydra headed monster of reservation that will not just continue endlessly but will raise its ugly head time and again in many different forms crippling the already fragmented and divided society courtesy the power hungry politicians who hide their failings by orchestrating their unfounded love and concerns of marginalized communities..... Rahul Gandhi, by flaunting the OBC card in Parliament during the debate on the Women's Quota Bill had tried recently to play the game of one-upmanship with Modi.

No one should fall for the reservation regime linked with reservation of electoral constituencies as it fails to gaurantee every citizen the constitutional right to contest and represent one's constituency. Similarly,  the women's quota Act is sexist and discriminates against men.