Recently, the apex court of India has considered the rationale of reservation quota system and said that it is for Parliament and the executive to determine certain changes for the SCs and STs Quotas. This decision comes after 75 years of affirmative action intended to help improve the standard of living of the less advantaged people within the country.
Justice B.R. Gavai, who was reading for the seven-judge Constitution Bench added that, to provide real equality, the SCs and STs who were already economically well-off should not be allowed to benefit from the reservation policy. It was said that the past 75 years of social reservation benefits are adequate as those who have benefited from it are already employing for a place that they are capable of and competing for.
The ruling came on the Petition by Mr. Santosh Malviya appealing for a direction to the States, the departments and the public sector undertakings to desist from extending reservation benefits to the ‘Creamy Layer’ within the SCs and STs. In its decisions, the court stands with its judgment dated August 2024 which withholds the ‘sub-classification’ right in the SC category given to the still more needy sections by the States.
Justice Gavai highlighted the need for a unique set of criteria to identify and exclude the 'creamy layer' among SC and ST beneficiaries. He argued that while using the creamy layer concept for SC/ST, the criteria for excluding it should be different from those is the case of OBCs. This is considered as a shift towards a direction of safeguarding the interests of the groups by focusing on the realization of the goals and objectives of affirmative action strategy as they seeks to address issues affecting the most under privileged members of the society .
So, the job of decision-making regarding the implementation of these reforms has now shifted to the legislature and the executive as per the directions of the Supreme Court. The court pointed out that it is not for the court to decide, but for the Parliament and the government since it was a matter of policy decisions. The Attorney General argued that it was not for a court to be involved in policy making and the court further asserted that such a role belonged to legislators.
Regarding the ruling some sections of the society have come out to express their views in the disagreement. From this perspective, some have advocated for exclusion of the creamy layer to ensure that the ‘benefit of reservation reaches the deserving by the deserving’ while from the other perspective, exclusion of the creamy layer is likely to render that already disadvantaged community even more disadvantaged. The primary sections among the Dalits are against the sub-categorization ruling given the belief that they would lose their potential entitlements altogether.
Advocate Siddharth Gupta while arguing for the above relief stated that all the government departments and public sector undertakings shall be ordered not to extend the creamy layer inside the SCs and STs. But the court held that it is the role of legislature and the executive to formulate policies and laws in order to address this problem.
In India, reservations serve as a kind of development for the country's underprivileged population in terms of improved educational and job opportunities. They established it as ways of eliminating the rooted social discrimination and unequal society that has always been seen in India. Like most things in India, the origins of the reservation system can be followed back even to the pre-independence era of India, but the reservation system came into its own only after India attained independence in 1947.
Historical Background
Reservation in India stems from caste system in which people are divided into social classes. This system led to the exclusion and oppression of certain communities, primarily the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Recognizing the need to uplift these marginalized groups, several social reformers and leaders advocated for affirmative action.
Reservation policy was one of the first things ever advocated by social activist Jyotirao Phule who struggled for the rights of the depressed classes in 19th century. He was succeeded by Dr. B.R. Ambedkar, a great leader and architect of the constitution of India. Ambedkar himself was from the Dalit community that is referred to as the ‘Untouchables’ and he also worked right and justice for the minority.
Constitutional Provisions
When India got its independence they appointed the Constituent Assembly to draft the Constitution for the new independent country they knew they have to do something about social discrimination. Dr. B.R. Ambedkar, as the Chairman of the Drafting Committee, ensured that provisions for reservation were included in the Constitution. Article fifteen and Article sixteen of the Constitution, prohibits the discrimination of any person or class of person on the ground of place of birth, caste, religion, race and sex.
Introduction of Reservation
It was, however, formally established in 1950 with the introducing of the Constitution. First, it “assured the SCs and STs a definite proportion of places in educational institutions and under the Government service.” The main purpose was to make sure that these people who were discriminated for centuries where they belong did get a fair chance in o education and jobs.
Expansion of Reservation
The system has over the years been extended to include the Other Backyard Classes (OBC). For the purpose the Mandal Commission was set up in 1979. It sought to identify the Social and Economic Backward Class and to suggest ways and means for their upliftment, the commission was under the chairmanship of B.P. Mandal. The Mandal Commission’s report was adoption in 1990 bring 27% quota for the OBC in central government employment and education facility.
Reasons for Reservation
- Addressing Historical Injustices: The reservation system has an urge to overcome the injustice and discrimination happened to few communities because of casting system. Thus, the target populations are to be given equal opportunities and improved thereby the system is aimed at ‘mainstreaming’ them.
- Promoting Social Equality: Likely its use is seen as a way of addressing the problem of social injustice by guaranteeing minorities’ access to basic needs such as education and jobs. This is helpful in progressive abatement of social economic discrimination, and general push for formation of more egalitarian society.
- Enhancing Representation: The system is expected to enhance the improvement of the proportions of those classes that have previously been discriminated against, for instance, in matters concerning admissions to learning institutions or in employment opportunities and in legislative organs and assemblies. This representation is important so as to facilitate voice and concern for such communities.
- Economic Empowerment: Through reservation in employment, the system intended to lift the economic standards of poverty stricken dominant groups. For this reason, the women are empowered to stop the poverty and social exclusion cycle.
The system of reservations in India meaning targeting upliftment of socially and economically backward sections of society has always been a matter of discussion. Though the system has undoubtedly helped the country overcome the problem of past injustice and work on social equality, the majority of communities recognize that reservation quota reforms are needed to maintain the effectiveness of this system in modern society.
The Problem with Reservation Quota
- Addressing the Issue of the Creamy Layer: One with regard to the current reservation system is the extension of the beneficiaries to include the so called ‘creamy layer.’ The creamy layer in simple terms mean the better-off sections of the SC, ST and OBC. Such persons as these, not only have benefited from the reservation system in times past, but also ensure that they grab the gains targeted at the marginalized in the economic and social strata of our society. Removing the creamy layer is a good way of making sure that those who ought to benefit from the reservation system get the chance.
- Evolving Socio-Economic Context: The general structural set up in India in particular has shifted in various ways since the reservation system was implemented. As the modern world expands through urbanisation, education and employment, social inequality has also adapted change to reflect this new world. The current reservation policies may not address these dynamics hence calling for reconsideration of the quota system.
- Promoting Meritocracy: While the reservation system aims to provide equal opportunities, there is a growing concern that it may inadvertently undermine meritocracy. Affirming action recruitment is a noble feature aimed at boosting opportunities for deserving candidates irrespective of their status, but, at the same time, we must strike balance by appointing candidates based on merit.
- Reducing Socio-Economic Disparities: Nonetheless, available socio-economic differences remain a reality even after many years of affirmative action. It is possible that the current reservation policies may not be enough to offer these solutions, and other more specific and efficient solutions must be adopted in order to eliminate inequalities.
Possible Modifications
- Excluding the Creamy Layer: One of the most striking transformations that may be referred to as a reform is the elimination of the creamy layer from the reservation benefits. In this way, the government can ensure that only those needy persons of SC, ST or OBC category will get the benefit of reservation, for which they have valid right to achieve necessary income and wealth criteria. This step may be useful for introducing improvements into the target group and promoting social justice among them.
- Periodic Review of Reservation Policies: A system of regular appraisal of reservation policies is an effort to synchronise their current applicability and efficiency. Through the analysis of the effects of reservation policies the government is in a position to find out necessary changes in regard to the needs of the society, thus making affirmative action’s compatible with the socio-economic status of the people.
- Expanding Reservation to Other Marginalized Groups: Qualitative and quantitative analysis has found that apart from SCs, STs, and OBCs; EBCs and women also have to contend with social exclusion when it comes to issues of education and employment. These groups if incorporated into the existing reservation policies can go a long way in increasing the rate of affirmative action hence making society a better place.
- Implementing Reservation in Private Sector: With regard to the weakness of the public sector domain, and thus the availability of training opportunities, the government may further encourage the extension of the reservation policies to the private sector. Thus, the government is capable of asking a number of private companies to take affirmative action measures in order to provide the minorities with a wider choice of job vacancies.
- Promoting Skill Development and Education: Even though reservation policies enable the member of an oppressed community to get a hold into the employment opportunity, it is also relevant to work on trainability and qualification of the oppressed. Through quality education and vocational training the government can enable candidates from such backgrounds to be part of the society and therefore be equal to others.