Civil Law

Reservation System In India

By Sneha Gupta

This Article is of the Winner of the 1st Online Article Writing Competition conducted by LL.B Mania on 5th May 2020

  1. What is reservation?
  2. How it came in india?
  3. What is its relevance?
  4. Why there are caste and gender differences?
  5. Do we really need reservation in India?

These are all the questions that come into our minds by reading this topic. Reservations in India refer to the supportive actions whereby a percentage of seats are reserved in private and government institutions for economically and socially backward classes like schedule caste and schedule tribes. Hold on! Read the above-highlighted line, we have to look into this. Is this reservation really helping the economically and socially weaker section?

TYPES OF RESERVATIONS

  1. Educational reservations
  2. Caste based reservations
  3. Gender based reservations
  4. Reservation in promotion
  5. Status as a domicile and others

HISTORY

From where it all started,

1882 – Hunter commission was appointed. Mahatma Jyoti Rao Phule made a demand for free and compulsory education Along with proportionate representation in government jobs.

1902 – Maharaja of Kolhapur, Chhatrapati Sahu Ji maharaja introduced reservations in favor of non-Brahmins and backward classes. The first king of India implemented a reservation policy.

1935 – Indian National Congress passed a resolution called the Poona pact to allocated separate electoral constituencies for depressed classes. The resolution confirmed the abolition of untouchability.

IN CONSTITUTION OF INDIA

Article 16(4)– Nothing in this article shall prevent the state from making any provisions for reservations of appointment, or post of any backward classes which is not adequately represented in society.

Article 46 – to promote educational and economic interests of SC’s, STs, and other weaker sections.

Article 14– equality before the law.

Article 15(3) – enabling provisions for providing special provisions for women and children.

Now have a look at Article 14, we are all from the same nation and we have equal rights and opportunities. ‘UNITY IN DIVERSITY we heard this from our childhood, what does it mean – if there is unity there should be equality. Then why this caste and gender-based discrimination is still prevailing in India? We are facing this issue, especially the people of the general category.

Now you may have a question why they are against this reservation? And the answer is very simple they are not getting the returns of their hard work and the seat which they deserve today is already taken because of many factors like:- politics going on in colleges, quotas-based reservations, Those who are financially healthy are dominating over economically weaker sections.

I guess you may have got your answer that why they are against this reservation. Leaders like Dr. Badasaheb Ambedkar took the initiative to help backward classes people. The main intention was to improve their condition. And because of his praising work, he is in the hearts of people.

Are reservations really important? Today the whole world has been developed from what it was in the past. People’s conditions have been improved so far. So the lacuna in the reservations is that some people are taking unnecessary benefits from the reservations.

Let me clear this point by explaining to you the advantages and disadvantages of the reservations.

Advantages

  1. Reservation helps socially and economically backward classes, that are not adequately represented in a society by putting them forward and giving them a chance to groom themselves.
  2. Reservation in education system help them to enrich their Brain power, providing them a opportunity to study and make their contribution with their talent in the progress of the nation.

Disadvantages

  1. Narrows the scope for general category.
  2. Caste is given preference instead of merits.
  3. Violates equality before law in the eye of people by creating agony and rage among them.
  4. Proper and deserving candidate is left behind and this is the main lacuna in this system and can also become hindrance in the progress of nation because progress of nation is dependent on the coming generation with upcoming talents and if they are left behind how the nation can progress?

Why reservation has become a bane for people? It has become a bane for people rather than a boon mainly because of:- 

  • Vote banks politics 
  • Unfair package distribution 

People don’t want to argue totally against of reservation system because it is meant for the people who were untouchables, they don’t find a comfortable zone in society and always faced discrimination. They needed support so that they can be represented adequately and can groom themselves. But there exists a huge gap between that time and today’s world. 

Today people find reservations in all sorts of things like in education, railway sector, government jobs, private institutions, politics, etc.

Many are taking the advantage of these reservations, but what should be the concern is that  – Reservations are meant for minority and backward classes who are not financially healthy, who are from poor financial backgrounds, It doesn’t mean for the people of backward classes those are financially strong, and if they are financially strong what support they need? They are just exploiting the main purpose of reservations and because of which the general category is left behind. 

In the education sector – students with a reservation who scored fewer marks compared to the general category get admission whereas students of the general category who scored high are still left behind because of the unreserved category. This is the main reason why student’s morale is degraded, they get no chance to avail themselves the opportunity and don’t get good colleges 

Consequences of the above  are as follows:-

• They gets demotivated and confused with their targeted goals.

  • They leaves the country and settles in abroad where they get opportunities to upgrade themselves with something new – this only happens when they are financially strong. .
  • 90% students adjust themselves because of limited resources, weak finances, because they cannot afford high charges fees of top private institutions. 
  • Some take education loans for paying the high feee of top institutions but later gets into debts because of less employment opportunities. 

So we have reached our conclusion with a typical question – should the reservation system be removed from India? 

This topic is debatable and answers to this question should be – Although reservations are necessary the rules for availing them should be modified for the overall development of the nation because they can create a hindrance in the progress of our nation.


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