An Egalitarian society, in which all the individuals lead their lives with dignity, without any fear of exploitation or discrimination, is what Dr. B. R. Ambedkar, the Father of the Indian Constitution always strived and aspired for. According to him, discrimination and exploitation are two evils which that lead to social exclusion as well as the marginalization of several afflicted groups in the society. In India, as a result of the pernicious caste system that has prevailed since times immemorial, a huge section of the population has been subjected to institutionalized discrimination and have been stigmatized for reasons starting from language, caste, religion, gender, region etc.

Reservation is a discipline that dates back to 2000 years and was transformed post-independence to new contrary stature by the tenacious efforts several leaders including MK Gandhi, B.R. Ambedkar. The Preamble of the Indian Constitution describes the nation as “A Democratic Republic” and provides for Equality before law. For this purpose, it lays down certain “special provisions” for the socially backward castes who have faced a long history of stigmatization and marginalization.

However, the Indian Government had now drifted from its long history of caste based reservation by moving towards a class based reservation. It was the S R Sinho Commission which in 2010 submitted a report on the need for a constitutional amendment for the purpose of giving reservation to the general category poor in education as well as in government jobs. For the purpose of upliftment of the economically weaker section (EWS) of the society, the Government has instituted a 10 per cent reservation by mean of the One hundred and third Constitutional Amendment Act. 

Effects and Implications

The main implication of the EWS reservation is that Articles 15 and 16 of the Constitution now stand amended, empowering the state to provide a maximum of 10 per cent reservation for the economically weaker sections of the society excluding the SCs, STs and the OBS-NCL (non-creamy layer). The recently added clause (6) of Article 15 gives the state the power to make “special provisions” including “reservation in admissions to educational institutions (including private institutions), apart from excluding the educational institutions for minorities under Article 30 (1). The newly added clause (6) of Article 16 permits for reservation for the purpose of governmental appointments or state posts.

To avail this EWS reservations, an individual needs to have a gross family income that is less than Rs 8 lakh, if they have agricultural land, it needs to be below 5 acres, and a residential plot below 1000 square foot ( in case of urban areas – below 100 yards in a municipal areas or 200 yards in non-notified municipal areas). 

In our country, a certain section of people have been particularly denounced to such an extent that their social advancement has historically lagged behind. Hence the communities which had the privilege of being considered genuine at that time, certainly have made a lot of progress both in the social as well as an educational arena. Dr. B.R Ambedkar in his speech clearly acknowledged the fact that there is an absence of socio-economic equality which is rooted in the system of our society. Hence, the Constitution provided reservation of seats in the educational institutions and in public employment to three categories of people -Persons who are socially and educationally backward classes of citizens, scheduled castes and scheduled tribes. Thus, it is an evident fact that the intention was to enhance these under-represented categories on the basis of their caste.

It is a common criticism that caste based reservation encourages inefficient bureaucracy and promotes sub-nationalism, creating a kind of division among society. But one cannot deny that the purpose why the reservation policy was started to promote social upliftment and not the economic one. It tends to remove the caste characteristic monopoly in every kind of institution. The present amendment solely based on the economic criteria for the purpose of reservation. It, therefore, stands to be tested by the ‘caste-based’ criteria created by the Constitution.

Principles Favoring the Reservation

Social Justice is a principle that has not been specifically defined in the Constitution but is left upon the lawmakers to decide its ambit. It is something that is inclusive in nature and it is something that would not be possible without the inclusion of the economically backward part of the society. The soul of the constitution, i.e., the preamble provides for Justice- social, economic and political. Social justice would not be achieved in the truest sense if the economically weak sections of the society are not able to avail the fruits of development in an equitable manner. Poverty is something that not just denies opportunity in education, employment etc. but also denies access to a sustainable livelihood.

Is it a Reservation just for the Savarnas (The Upper Castes)?

Contrary to the popular view, this reservation is not limited to the upper castes. It is available to the economically weak in all general categories, who were till now not subjected to reservation in another category.

Significance

This reservation is progressive as it could address the problem of income and educational unequally due to financial incapacity among individuals. Apart from the already reserved backward classes, there is a large section of the society that resides in hunger and poverty-stricken conditions. This reservation could also reduce the stigma that has been associated with reservation for it has till now been related to caste.

Challenges

• By considering the fact that the previous judgements of the Supreme Court have minimal standing in today’s scenario, one can agree with the government in breaching the 50% ceiling set by the Supreme Court in the case of Indra Sawhney v. Union of India. However, in the near future it sets out an open boundary for furthering this kind of reservation. In other words, one cannot say that 59.5% reservation is now the final limit of reservation, this can be further breached if a definite boundary is not created. If this happens, the equality principle over which the reservation policy stands would lose its very basis. Hence either the government should give more pronounced reasoning over introducing this new kind of reservation or the Supreme Court while deciding this fresh case, should limit the reservation by introducing a fresh ceiling over the reservation policy.

• Also, one can only say that economically weaker sections among the general category have not been adequately represented if supported through proper empirical research. The criteria over which the government has decided to provide the reservation cannot be the sole basis to decide that. This means that before passing the new decision, the government should have proved that this kind of section of the society (which qualifies that they are economically weaker under the general category) are not adequately represented until now in the educational institutions that may be aided or unaided and also in the civil services.

• The purpose of reservation is to enhance the representation of the historically or existing socially deprived section of the society. It is a way to give them rights to develop and promote themselves. The sole purpose of reservation was to positively discriminate this section of the society so that by educating and promoting a particular group of people within a community, these people can further help in the development of their community. The effort was done to socially uplift people of different communities and not help them on the basis of their economic conditions. Thus, the present development cannot fulfil the ‘need of representation’ for the purpose of reservation.

• The data provided by NSSO and the IT department shows that approximately 90% of Indian families fall within the EWS limit. Thus, the 8 lakh umbrella is a very one for it would cover nearly all the population that is not already covered under the lieu of reservation.

Making reforms in the reservation system is the need of the hour. These can be- Restricting its usage to once in a lifetime, providing quality education starting from the elementary level etc.