Historical Background of Reservation Process in India Main Draft

HISTORICAL BACKGROUND OF RESERVATION POLICY IN
INDIA- A LEGAL PERSPECTIVE
INTRODUCTION
India was a country with highly rigid caste-based hierarchal structure, with ascending order
of privileges and descending order of disabilities which operated for about 3000 years. There
was an overwhelming majority in the nation that still backward our nation either by socially,
politically, economically, and educationally.
These victims of the rooted backwardness compromise the present scheduled caste (SC),
scheduled tribes (ST) and other backward classes (OBC). Even though, these classes are
generically the BACKWARD CLASSES, the nature and magnitude of their backwardness
are not the same. Each reservation for different classes is given based on the social condition
which plays the important role in the Indian era since independence and the second most is
the geographical conditions that play a vital role in making the caste and giving the priorities
for the reservations. Since Independence we are trying to achieve the three main valuable
golden words DEMOCRATIC1, SOCIALIST2 and EGALITARIAN3 free India. We had a
great cake walk and footprints towards the heart and soul of the two words DEMOCRATIC
AND SOCIALIST but for the word that still unanswerable is the EGALITARIAN, we
try to achieve the equal class and caste based society to reduce the conflict among people that
their respective class is the superior, Government ever since independence putting its hard
time on the RESERVATION POLICY.
OBJECTIVES
To analyse the implementation the policies ever since independence.

To analyse the actual need of the reservation policies.
To analyse the statement portaged by the Government of India that the reservation
policy for SC and ST should be changed or not.
1 A democratic government is one in which it is government by the people especially it is rule of the
majority and secondly A government in which the supreme power is vested in the people and
exercised by them directly or indirectly through a system of representation is said to a democracy
2 A person who advocates or practises socialism. A socialist advocates a society

based on cooperation rather than competition and capitalist state.
3 The concept where by the person who advocates or supports the principle of
equality for all people. It is also said to be that all people are equal and deserve
equal rights and opportunities is said to be egalitarian state.
1
To analyse thoroughly the real purpose of the reservation policy.

To analyse various SECTIONS and PROVISIONS laid down in the Indian
Constitution
METHODOLOGY
The research methodology that is laid down in the project is based on four methods:
i. DESCRIPTIVE METHOD: In this type methodology, the project will be covered by

the various descriptions and theories, basically it tries to describe the legal historical
facts about the reservation policies that where implanted in the India before and after
Independence and this description methods also contains ideas of various historians
and Legal theories on the concept of reservation policy.
ii. INTREPRETATIVE METHOD: In this type of research methodology contains the
interpretation of various articles, sections and provisions that are laid down in the
Indian Constitution.
iii. COMPARITIVE METHOD: This type of study fully focuses on the comparison of
theories and ideas laid down in the Pre-Independence Era and Post-Independence Era,
whether the provisions and policies that are laid down in both the eras stays same or
there is a change in the compatibilities as situations changes basically economical,
geographical, social and political.
iv. ANALYTICAL METHOD: This kind of analysis includes the study of various case
laws and precedents in which the judgement that are laid down gives the clear view
on the analysis of the reservation policy that are given for various caste and also it
provides the laws that are laid down in the judgements.
SOURCES
This project work is carried out with the help of various primary and secondary sources.
Primary sources like Journals; Newspaper and Case laws.
For example: Chuni Lal Anand, ed., The Government of India Act, 1935. Lahore, the
University Book Agency, 1935.
The above stated illustration tries to figure out the Government of India Act and various
policies that implemented in the era of 1935. Since this period of 1935 is considered to be the
babyform of the constitution this helped in the formation of reservation throughout India
2
If our political progress was to be real, the underdogs

of our society must be helped to become men
- Rabindranath Tagore
The author would start the paper by pointing out the historical reasons for giving reservation.
The reservation policy in India is nothing new, as it had existed in our society from time to
time in the British rule and the princely states. The motive of having reservation then was the
eagerness to modify through the promotion of education and industry and maintaining unity
among themselves. Now the concept of reservation still holds the same issue but in a different
perspectives based on the social and economical backgrounds.
Reservation in India is the process of facilitating a person in education, scholarship, jobs and
in promotion who has category certificates. Reservation is a form of quota-based affirmative
action. Reservation is governed by constitutional laws4, statutory laws5, local rules and
regulations6.
Reservation is mainly concentrated for few groups in India and mostly this policy is
suited only for these groups; they are Scheduled caste (SC), schedule tribe (ST) and other
backward classes (OBC) and in some state backward classes among Muslims under a
category called BC(M) are the primary beneficiaries of the reservation policies under the
constitution with the object of ensuring a level playing field.
4 Constitutional laws are the body of law which defines the relationship of
different entities within a state namely, the executive, the legislature and the
judiciary.
5 Statutory law is the term used to define written laws, usually enacted by a
legislative body. Statutory laws vary from regulatory or administrative laws that
are passed by executive agencies and common law or the law created by prior
court decisions.
6 Local rules and regulations refer to a particular set of rules for each court
governing matters not determined by the Federal Rules of Procedure. Local rules
reflect the courts authority to manage their own affairs so as to achieve the
orderly and expeditious disposition.
3
Dr B.R. Ambedkar stated that the report of the minorities committee provided that all
minorities should have two benefits or privileges, namely:
i. Representation in the legislature and

ii. Representation in the services.
Indias first president Rajendra Prasad assured that the nation that the assembly and
the governments aim was to end poverty and dirtiness to abolish distinction and
exploitation and to ensure decent conditions of living and to find an egalitarian
society7.
Communal awards landmark ruling of our supreme court. The honourable chief
justice Sri Sarv Mittra Sikri held quoted that the fundamental importance of the freedom
of the individual has to be preserved for all times to come and that it could not be
amended out of existence. Further it was held that fundamental rights8 conferred by
part III of the constitution of India cannot be abrogated, though a reasonable
abridgement of those rights could be effected in public interest. It was also observed that
the expression amendment in the constitution9, in article 368 means any change in any of
7 http://parliamentofindia.nic.in/ls/debates/vol5p1.htm accessed on 28th August 2016
8 Fundamental rights are a charter of rights contained in the part III of the Indian
Constitution. It guarantees civil liberties such that all Indians can lead their lives
in peace and harmony as citizens of India. These include individual rights
common to most liberal democracies such as Equality before law, Freedom of
Speech and Expression and peaceful assembly and the right to constitutional
remedies for the protection of civil rights by means of writs such as Habeas
corpus. Violation of these rights results in punishments as prescribed in the
Indian Penal code or other special laws, subject to the discretion of the Judiciary.
The fundamental rights are defined as basic human freedoms that every citizen
has the right to enjoy for a proper and harmonious development of personality.
These rights universally apply to all citizens irrespective of race, place of birth,
religion, caste or gender. Basically there are seven fundamental rights
recognized under the Indian Constitution.
4
the provisions of the constitution10 within the broader contours of the preamble, made in order
to carry out the basic objectives of the constitution.11
The basis of providing reservation is giving proportionate opportunities to the people

of the scheduled castes, scheduled tribes and other backward classes. The reservation is
intended to overstate the social diversity in campuses and workplaces.
Reservation in our country is known as quota system. Article 15 of the Indian

constitution lays down that a citizen shall not be discriminated against on grounds of
religion, race, caste, or place birth12.
Lot of verdicts of our Indian judiciary as to reservations have been modified

subsequently by our parliament through constitutional amendment acts. However, some
rulings of our courts have been mocked by state and central governments. Some judgements
upheld the reservations and some rulings for fine turning its implementation regarding
reservations.
Reservation is a policy designed to redress past discrimination against lower class/

caste people and minority groups through measures to improve their economic and
educational opportunities. Reservation is an attempt to promote equal opportunity. It is often
instituted in government and educational settings to ensure that minority groups within a
society are included in all programs.
9 A constitutional Amendment refers to the modification of the constitution of a

nation or state. In many jurisdiction the texts of the constitution itself is altered;
in others the text is not changed, but the amendments change its effect. The
method of modification is typically written into the constitution itself. All of the
worlds active national constitution mentions amendment procedures. Amending
the Constitution of India is the process of making changes to the nation's fundamental law or supreme
law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the
Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a
check on arbitrary power of the parliament of India.
10 A constitution is a set of fundamental principles or established precedents

according to which a state or other organization is governed.
11 Y.Srinivasa Rao, Reservation in India, New Delhi, June 1,2012, p. 3
12 N. Pandey; Constitution of India, Central Law Agency, Allahabad, 2003, p. 87
5
The justification for reservation is to compensate for past discrimination, prosecution

or exploitation by the ruling class of a culture or to address existing discrimination 13.
Normally today in the present India the higher caste has the superior authority over the
working class and the working class is not given any chance to enhance their views and needs
towards the higher authority people.
The principle of affirmative action is to promote social equality. Social equality is a

social state of affairs in which all people within a specific society or isolated group have the
same status in a certain respect. At the very least, social equality includes equal rights under
the law, such as security, voting rights, freedom of speech and assembly and the extent of
property rights. However, it also includes access to education, health care and other social
securities. Social equality refers to social, rather than economic or income equality.
The basic aim and objective of the Reservation policy is a form of affirmative action
whereby a percentage of seats are reserved in parliament 14, state legislative assembly, central
and state services, public sectors, and in all public and private educational institutions except
in the minority and religious educational institutions for the socially and educationally
backward classes of citizens. The reservation policy in India is centred in and on, around the
constitutional framework for reservation15.
The constitution of India provides three types of reservations namely:
13 http://www.legalservicesindia.com/article/article/reservations-in-india-1145-1.html accessed on
28th August 2016.
14 The Parliament of India is the supreme legislative body of the Republic of India. The
Parliament is composed of the President of India and the houses. It is bicameral with two
houses: Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The
President in his role as head of legislature has full powers to summon and prorogue either
house of Parliament or to dissolve Lok Sabha. The president can exercise these powers
only upon the advice of the Prime Minister and his Council of Ministers.
15 Sushma Yadav, Reservation and inclusive growth, Indian Institute of Public Administration, New
Delhi,2015
6
i. Political
ii. Educational and
iii. Employment.
The political reservation is provided in the constitution by reservation of seats in

proportions to the numbers for the SCs and STs in the Lok sabha 16 which is listed in the in
constitution under Article 330 and in the vidhan sabha/ Rajya sabha under Article 332. These
provisions do not exist for the OBCs, which indicate that the principle categories for the
affirmative actions are the SCs and STs. For the third, the constitutional provisions as
modified and simplified from time to time are the Article 16(4), Article 16(4A), Article
16(4B), Article 335 and Article 320(4). Rajya Sabha 17 passed an article provide explicitly for
reservation in educational institutions for the backward classes and the authority of the state
to make any required changes with time.
HISTORICAL BACKGROUND FOR GIVING RESERVATION IN INDIA
The historical background can be dealt in two ways:
i. Pre- Independence Era

ii. Post- Independence Era
16 The Loksabha is the lower house i.e., house of the people of Indias Bicameral-
parliament, with the higher house being Rajya Sabha. Members of the Loksabha
are elected by adult universal suffrage and a first-past-the post system to
represent their respective constituencies and they hold their seats for five years
until the body is dissolved by the president on the advice of the council of
ministers. The house meets in the Loksabha chambers of the sansad Bhavan in
New Delhi. The maximum strength of the houses envisaged by the constitution
of India is 552. In the concept of Reservation scheme a total of 131 seats
(18.42%) are reserved for representation of the Scheduled castes and Scheduled
Tribe.
17 The Rajya Sabha or council of states is the upper house of the parliament of
India. Membership of Rajya sabha is limited by the constitution to a maximum of
250 members and current laws have provisions for 245 members, most of the
members of the house are indirectly elected by state and territorial legislatures
using single transferable votes.
7
The gist of some of the historical backgrounds that gave the concept of so called reservation
in India.
RESERAVTION POLICY IN PRE-INDEPENDENCE ERA
The legal origin of reservation policy in India began with lying down of the government of
India Act 1919 which came during the turbulent period of World War I. During this period,
the British were more focussed on Europe rather than on India yet they passed much
important and significant legislation that aimed at the development of the Indian Territory.
The Government Act of 1919 not only introduced several reforms for the Indian Government
institutions but also addressed many issues of minorities including the formation of
communal electorates18. After the Act of 191919, the controversial Simon Commission came
up in 1927 to scrutinize the Montague- Chelmsford reforms. After exploring the entire Indian
provinces, their representatives proposed for combining separate electorates and reserving
seats for depressed classes did not allow them to vote properly20.
To stamp and scrutinize the report of Simon commission and the reforms proposed by
them and how to incorporate them into new constitution a round table conference was
convinced in London in 1931. There were many Indian delegates from various interests
groups. The conference was chaired by Prime Minister Ramswamy Macdonald. There were
separate electorates from B.R. Ambedkar but Mahatma Gandhi strongly opposed the appeal
for separate electorate for depressed classes and because of this strong opposition from
Mahatma Gandhi and congress the issue of minority unresolved in the conference.
The award brought in criticism from Mahatma Gandhi but was strongly supported by
Dr. B.R. Ambedkar and other minority groups. As result, of the hunger strike by Mahatma
18 http://blog.ipleaders.in/reservation-policy-india/ accessed on 28th August 2016
19 The Act of 1919 provides a dual form of government called as a dyarchy in

which some of the control of some areas of the government, the transferred list
were given to the government of ministers answerable to the provincial council.
The reservation seats were distributed among the provinces not upon the basis
of the population but upon the bases of their economic background.
20 The Hindu , Tiruchirapalli Edition, 27th March 2015
8
Gandhi and wide spread revolt against the award, the Poona Pact of 1932 21 came into being
which brought in a single general electorate for each of the seats of British India and new
central legislatures. The stamping of the provisions of Poona Pact of 1932 was done in the
government of India Act 1935 where reservation of seats for depressed classes was allotted.
This was the scenario before the independence of India22.
RESERAVTION POLICY IN POST- INDEPENDENCE ERA
Post-Independence era outlined the scenario changed the system and the reservation
policy gained even more momentum than the pre- independence era. The constituent
assembly chaired by Dr. B.R. Ambedkar framed the reservation policy and many articles in
the Indian constitution were dedicated for the same.
India was a country with a very rigid caste based hierarchal structure where the higher
castes enjoyed most of the benefits while the lower casts were looked down upon by the
higher casts. The majority of the population was backward socially, economically,
educationally, and politically. The backward classes were classified as the Schedule caste
(SC), schedule tribes (ST), and other backward classes (OBC).
In June 1932, the Britain Prime Minister Ramsey Macdonald introduced the
communal awards, according to which separate representation was to be provided for the
Muslims, Sikhs, Indians Christians, Anglo- Indians, Europeans and the untouchables. The
depressed classes were assigned a number of seats to be filled by election from special
constituencies in which voters belonging to the depressed classes only could vote and a very
limited votes were assigned to them as they were considered as untouchables in India.
21 The impact of the ponnam pact is that there shall be seats reserved for the
depressed classes out of general electorate. All members of the depressed
classes registered in the general electoral roll of a constituency will form an
electoral college which will elect panel of four candidates belonging to the
depressed classes. In the central legislature 19% of the seats allotted to the
general electorate for british India in the said legislature shall be reserved for the
depressed classes. In every province out of the educational facilities grant is also
given for the depressed classes which is 21%.
22 http://www.legalserviceindia.com/articles/resmod.htm accessed on 27th August 2016
9
It is clear from the historical fact and evidences that the reservation process had
started in 2nd century B.C. where upper castes enjoyed caste based reservation over the
working class people. The upper castes enjoyed absolute reservations in all provisions and
also in all professions that were profitable and respectable. The lower castes were left with no
choice but to do mental jobs. The reservation system imposed by the Manu smiriti 23, the
Brahmin code gave a clear perspective of how the upper caste people namely the Brahmins
ruled over the lower caste or the working caste people.
By the 1947 India became an independent nation. It was at this point that the
constitution of India was framed and then the framers took forward the interest of the
backward classes by having Article 46 in this constitution.
Article 46 stated that the state shall promote with special care the educational
and economic interest of the weaker section of the people also by protecting them from
social injustice and all forms of exploitation24. Article 46 was complimented by the
inclusion of many other articles for the empowerment of the backward classes. Since they
were the oppressed classes this was thought to be the best mechanism to correct the mistake
that was being practised for many hundreds of years.
Although the reservation policy is an exception to the equality rule is still considered
an essential element of equality. As equality has many dimensions and one such dimension is
the reservation policy for the backward classes. The general candidates are feeling the
pressure all the time. From a simple reservation of about 15% for the SCs and STs in
educational institutions now the percentage has gone up and also the other backward classes
(OBCs) have been brought within the fold of reservation by the suggestion of the Mandal
commission. But even after 59 years of independence the people still fall back on reservation.
It is not that the backward have not progressed but the percentage is less because those who
23 The Manu smiriti is an ancient legal text among the many Dharmasastras of
Hinduism. It was one of the first sanskirt texts translated during the british rule of
India in 1794 by Sir William Jones and used to formulate the Hindu Law by the
colonial government. This script is also called as the Laws of Manu since it was
the bases for the Hindu Law which is existing in the present world.
24 N. Pandey; op.cit.,p. 2
10
have already availed reservation and progressed keep getting it again. This results in the
formation of the creamy layer25.
Instead of having a reservation policy the author feels the emphasis of the government
should be build good schools in the rural as well as urban areas so that the poor have an
opportunity to study. All kinds of encouragement from the government should be there in the
implementation of such policies. The mid-day meal program was a successful one and we
should see more of such schemes which encourage the poor to study.
Reservations in favour of backward classes (BCs) were introduced long before

independence in a large area. Compromising the presidency areas 26 and the princely states27
south of the Vindhayas, Hunter commission was appointed. Jyortirao Phule made a demand
of free and compulsory education for all, along with proportionate representation in
government jobs. In 1891, there was a demand for reservation of government jobs with an
agitation against the recruitment of non-natives into public service overlooking qualified
native people. In 1901, reservations were introduced in Maharashtra, Shahu Maharaj who
introduced reservation in favour of non-Brahmins and backward classes as early as 1902. He
provided free education to everyone and opened several hostels in Kolhapur to make it easier
for everyone to receive the education. He also made sure everyone got suitable employment
no matter what social class they belonged to. He also appealed for a class-free India and the
abolition of untouchability28.
25 M. Ramanjaneyulu, Evalution of Reservation in India, International Journal of multidisciplinary

advanced research trends, Telangana state, 2015, p. 122
26 Presidency towns or areas were the administrative divisions of British

governance in the subcontinent. Collectively they were called British India.
Mainly there were three important presidency towns namely Madras which was
setup in 1640, the presidency town of Bombay was established in 1684 and
finally the presidency town of Calcutta was established in 1690.
27 A princely state also called native state or the Indian state was a normally
sovereign monarchy under the local or regional ruler in a subsidiary alliance with
a greater power.
28 https://www.quora.com/What-does-Reservation-in-the-Indian-caste-system-mean accessed on 7th

August 2016
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The notification of 1902 created 50% reservation in services for backward classes/
communities in the state of Kolhapur. This is the first official instance providing for
reservation for depressed classes in India. In 1909 reservations were introduced in favour of a
number of castes and communities that had little share in the administration by the British.
There were many other reforms in favour of and against reservations before the Indian
independence itself.
Even after the Indian independence there were some major changes in favour of the
STs, SCs and OBCs. One of the most important occurred in 1979 when the Mandal
commission was established to assess the situation of the socially and educationally backward
classes. The commission did not have exact figures for a sub-caste known as in favour of and
against reservation before the Indian independence itself.
Even after the Indian independence there were some major changes in favour of the
STs, SCs and OBCs. One of the most important occurred in 1979 when Mandal Commission
was established to assess the situation of the socially and educationally backward classes.
The commission did not have exact figures for a sub-caste, known as the other
backward class (OBC) and used the 1930 census data, further classifying 1257 communities
as backward to estimate the OBC population at 52%. In 1980 the commission submitted a
report and recommended changes to the existing quotes, increasing them from 22.5% to
49.5%.so as of 2006 number of castes in backward class list went up to 2297 which is the
increase of 60% from community list prepared by Mandal commission29.
BENEFICIARY GROUPS OF THE RESERVATION SYSTEM
Enrolment in educational institutions and job placements are based on a variety of criteria.
The quota system sets aside a proportion of all possible positions for members of a specific
group. Those not belonging to the designed communities can compete only for the remaining
positions, while members of the designated communities can compete for either reserved or
open position.
Namely there are few caste and social group are alone benefited from the concept of
allocating the reservation in their job; education opportunity.
29 http://www.legalserviceindia.com/article/l354-Reservation-Policy.html accessed on 7th August
2016
12
For example: Muslims men were not assigned with the job reservation in India while other
caste had
The seats are reserved for people of different social group under the following criteria:
Caste
Gender
Religion
Status as a domicile
i. CASTE
The caste reservation policy was given for the educational backup where by the Government
of India allocated various seats for various castes under different percentage and based on the
economic and social background. The central-government of India30 funded higher education
institutions, 22.5% of available seats are reserved for schedules caste (SC) and scheduled
tribe (ST) students (7.5% for STs, 15% for SCs). The reservation percentage has been raised
to 49.5% by including additional 27% reservations for OBCs. This ratio is followed even in
parliament and all elections where a few constituents are remarked for those from certain
communities.
The exact percentage varies from state to state:
In Tamilnadu, the reservation is 18% for SCs and 1% for STs based on local
demographics.
In Northeast India, especially in Arunachal Pradesh, Meghalaya, Nagaland, Mizoram
reservation for ST in state government jobs is 80% with only 20% for unreserved
In Andhra Pradesh 25% of educational institutes and government jobs are reserved
for OBCs 15% for SCs and 6% for STs and 4% for Muslims.
ii. GENDER
The gender reservation policy in way back 1993 focused on few important issues that is to be
dealt is the reservation of seats for womens in the various sectors mainly in education for the
adolescent girls where by the equal opportunity is given for the womens with respect to the
30 The Union Government of the Republic of India is a union/national/federal/central
government established by the Constitution of the Republic of India as the constituted
governing authority of the union of 29 states and seven union territories of a proclaimed
and established parliamentary democratic, republic, constitutionally called the Republic
of India. It is located in New Delhi, the capital of India.
13
men in the society. So by this concept of the gender reservation policy, the Indian society
tries to achieve the Egalitarian soul.
In 1993, a Constitutional Amendment 31 in India called for a random one third of village
council leader position in gram panchayat to be preserved for women. The village council is
responsible for the provision of village infrastructure- such as public buildings, water, roads
and other facilities. Then it is also for identifying government program beneficiaries.
Although all decisions in the village council are made by the majority, the pardhan (leader) is
the only full time member and exercise significant control over the final council decisions.
Recent research on the quota system has revealed that it has changed the perceptions
of womens abilities towards womens electoral chances and raised aspirations in educational
attainment for adolescent girls.
There is a long-term plan to extend this reservation to parliament and legislative

assemblies32. For instance, some law schools in India have a 30% reservation for females.
Progressive political opinion in India is strongly not in favour of providing preferential
treatment to women to create a level playing field for all its citizens33.
The womens reservation bill34 was passed by the Rajya Sabha on 9 march 2010 by a
majority vote of 186 members in favour of the bill. As of march 2013, the Lok Sabha voted
31 A Constitutional amendment refers to the modification of the constitution of a

nation or state. In many jurisdiction the texts of the constitution itself is altered
in others the texts is not changed, but the amendments change its effect. The
method of modification is typically written into the constitution itself. Most of the
constitutions require that the amendments cannot be enacted unless they have
passed a special procedure that is more stringent than the ordinary legislation.
An amendment to the constitution is an improvement a correction or a revision
to the original content. Article V of the constitution prescribes how an
amendment can become a part of the constitution.
32 A member of Legislative Assembly (MLA) is a representative elected by the

voters of an electoral district i.e., constituency to the legislature of a state in the
Indian system of Government. Each state has between seven to nine MLA for
every member of parliament MP that it has in the Lok Sabha.
33 http://www.legal360.in/Detail/LA/2535/Analysis-of-Reservation-Policy-in-India accessed on 27th

August 2016
14
on the bill. Critics say gender cannot be held as a basis for reservation alone, also the other
factors should also be considered like economic, social conditions of women candidate
especially when applying reservation for educated women. There also is a growing demand
for women reservation like OBC, SC/ST, physically handicapped etc. some groups still
demand that reservation for women should be atleast 50% as they comprise 50% of the
population35.
For example: In Gujarat 33% of posts are reserved for females in all government
departments and services such as police, health, education and general administration.
iii. RELIGION
There is no reservation granted on the basis of religion in the central educational institutions
at the national level, although reservations have been extended to religious minorities in some
state.
The Tamil Nadu government has allotted 3.5% seats each to Muslims and Christians,
there by altering the OBC reservations to 23% from 30%. The government of Andhra Pradesh
introduced a law enabling 14% reservations for Muslims in 2014 36. This law was upheld by
the supreme court of India in an interim order on March 10, 2015; however the bench
accepted the said provisions and allowed it.
iv. STATUS AS A DOMICILE
34 Women's Reservation Bill or The Constitution (108th Amendment) Bill, is a pending

bill in India which proposes to amend the Constitution of India to reserve 33 per cent of
all seats in the Lower house of Parliament of India, the Lok Sabha, and in all
state legislative assemblies for women. The seats to be reserved in rotation will be
determined by draw of lots in such a way that a seat shall be reserved only once in three
consecutive general elections. The Upper House Rajya Sabha passed the bill on 9 Mar
2010. As of February 2014, the Lower House Lok Sabha has not yet voted on the bill. If
the Lok Sabha were to approve the bill, it would then have to be passed by half of India's
state legislatures and signed by the President.
35
https://www.researchgate.net/publication/290691292_Legal_status_and_rights_of_women_in_Indian
_constitution accessed on 28th August 2016
36 https://www.quora.com/Is-there-any-muslim-reservation-in-India accessed on 27th August 2016
15
With few exceptions, all jobs under state government are reserved for those who are
domiciled within the jurisdiction of that government. In few states like Andra Pradesh, Kerala
there is provision the domicile of that state.
COMPARISON OF RESERVATION POLICY WITH THE INDIAN CONSTITUTION
There are few Articles which provide the idea and the basic concept of reservation policy in
India. These are laid down in the Indian constitution.
A common form of caste discrimination in India was the practise of untouchability.

Schedule castes (SCs) were the primary target of the practise. This is outlawed by the
constitution of India. To abolish the concept of untouchability37 in India various Articles were
amended in the Indian constitution in favour of the Schedule caste and schedule tribes.
The primary stated objective of the Indian reservation system is to increase the
opportunities for enhanced social and educational status of the under privileged communities
and thus uplift their lifestyle to have their place in the main stream of the Indian society.
The reservation system exists to provide opportunities for the member of the
scheduled caste and tribes to increase their political representation and in the state
legislatures. The executive organs of the union and the states, the labour force and public
37 Untouchability is a direct product of the caste system. It is not merely the inability to
touch a human being of a certain caste or sub-caste. It is an attitude on the part of a
whole group of people that relates to a deeper psychological process of thought and
belief, invisible to the naked eye, translated into various physical acts and behaviours,
norms and practices. Untouchability is prompted by the spirit of social aggression and
the belief in purity and pollution that characterises casteism. It is generally taken for
granted that Dalits are considered polluted people at the lowest end of the caste order.
16
institutions38. The reservation scheme was implemented in various sections and Articles in the
Indian constitution and based on the educational background economic and social
discrimination there were various sections provided to the scheduled castes and tribes in
India.
The constitution of India states in:
ARTICLE 16: Equality of opportunity in matters of public employment:
The constitution of India in Article 16(4) state that Nothing in article 16 or in

clause (2) of the article 29 shall prevent the state from making any special provisions for
the advancement of any socially and educationally backward classes of citizens or for
the scheduled castes and scheduled tribes.
ARTICLE 46: Promotion of Educational and economic interests of Scheduled castes

and Scheduled tribes and other weaker sections:
The constitution of India in Article 46 state 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 caste and scheduled tribe and shall protect them from
social injustice and all forms of exploitation.
Example: Today, in the present India out of 543 seats in Indias parliament 84 i.e.,
(15.477% ) are reserved for SC/Dalits and 47 i.e., (8.66%) for ST/Tribes. Allocation of seats
for scheduled castes and tribes in the Lok Shaba are made on the basis of proportions of
scheduled tribes and castes in the state concerned to that of the total population.
ARTICLE 330: Reservation of seats for Scheduled castes and Scheduled Tribes in the
House of the people: The constitution of India in Article 330 state that allocating seats for
the SCs/STs, in the parliament and other institutions and separate reservation
policies39.
38 S. Yesu Suresh Raj & P. Gokulraja, An Analysis of Reservation System in India, International
Publication, Tamilnadu (Dindigul), October 2015, p. 1042
39 V.N. Shukla- The Constitution of India, Eastern Book Co., Lucknow, 2016, pp. 108, 989
17
ARTICLE 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the State:
The constitution of India in Article 332 state that seats shall be reserved for the
Scheduled caste and Scheduled tribes, in the Legislative Assembly of every state4041.
The various Articles in the Indian constitution by various Amendments they are as follows:
ARTICLE 15(4) SPECIAL PROVISION FOR ADVANCEMENT OF BACKWARD

CLASSES
Article 15(4) is an exception to clauses 1 and 2 of the article 15 and it was added by
the constitution (1st amendment) Act 1951, as a result of the decision in State of Madras v
Champakam Dorairajan42. In this case, the Madras government had reserved seats in state
medical and engineering colleges for different communities in various proportions on the
basis of religion, caste and race. The state defended the law on the ground that it was enacted
with a view to promote the social justice for all the sections of the people as required by
Article 46 of the directive principles of state policy43.
The Supreme Court held the law as void because it classified students on the basis of
caste and religion irrespective of merits. To modify the effect of the decisions, article 15 was
amended by the constitution Act 1951. Under this clause, the state is empowered to make
provisions for the amendment of any socially and educationally backward classes of citizens
or for the scheduled castes and scheduled tribes. After the amendment it became possible for
the state to put a harijan colony in order to advance the interest of the backward classes.
40M.P. Jain- The Constitution of India, Lexis Nexis, New Delhi, 2014, p. 990
41 The Constitution of India, Professional book publishers Delhi, 2015 (BARE ACT)
42 AIR 1951 SC226
43 The Directive principle of state policy are defined in the part III of the
constitution apply irrespective of race, place of birth, religion, caste, creed or
gender. They are enforceable by the courts subject to specific restrictions. The
Directive principles of state policy are guidelines for the framing of the laws by
the government.
18
CONSITUTION (93rd AMENDMENT) ACT, 2006: PROVISIONS FOR

RESERVATION OF BACKWARD, SCs AND STs CLASSES IN PRIVATE
EDUCATIONAL INSITUTIONS (Article 15(5)):
The new clause 5 provides that nothing or in sub- clause (g) of clause 1 of Article 19 shall
prevent the state from making any special provisions by law, for the advancement of any
socially and educationally backward classes of citizens or for the scheduled castes and
scheduled tribes in so far as such special provisions relate to admission to educational
institutions including private educational institutions, whether aided or unaided by the state,
other than the minority educational institutions referred to in clause (1) of article 3044.
The above mentioned amendment has been enacted to nullify the effect of three
decisions of the Supreme Court in TMA Pai foundation v State of Karnataka45, Islamic
Academy v State of Karnataka46 and P.A. Inamdar v State of Maharashtra47. In T.M.
Pai and P.A Inmadar case, it had been held that the state cannot make reservations of seats
in admissions in privately run educational institutions. In Islamic academy case, it had held
that the state can fix quota for admissions to these educational institutions but it cannot fix fee
and also admission can be done on the basis of common admission test and on the basis of
merit. This Amendment enables the state to make reservations for the above categories of
classes in admission to private educational institutions. The amendment however keeps the
minority educational institutions out of its preview.
Article 15 prohibits discrimination on the grounds of religion. The evil effect of

reservation is well known. The politicians who claim to take the country to the 21 st century
for which higher education is based on merit is essential, is taking a retroactive step in
providing reservation to less meritorious students to private educational institutions. This
appeasement policy of the government may get them some benefit in elections, but it would
be harmful to the nation.
44 C.B. Raju- Social Justice and The Constitution of India, Serials Publication,Delhi,2006, p. 288
45 1995 AIR 2431 1995 SCC (5) 220 JT 1995 (6) 33 1995 SCALE (4)665
46 (1993) 1 SCC 645
47 (2004) 8 SCC 139
19
RESERVATION OF POSTS IN PUBLIC EMPLOYMENT ON THE BASIS OF

RSIDENCE (ARTICLE 16(3)):
Article 16(3) is an exception to clause 2 of article 16 which forbids discrimination on the

ground of residence. However, there may be good reasons for reserving certain posts in state
for residents only. This article empowers parliament48 to regulate by law the extent to which
would be permissible for a state to depart from the above principle.
RESERVATION FOR BACKWARD CLASSES IN PUBLIC EMPLOYMENT

(ARTICLE 16(4)):
Article 16(4) is the second exception to the general rule embodied in Article 16(1) and (2). It
empowers the state to make special provisions for the reservation in appointments of posts in
favour of any backward classes of citizens which in opinion of the state are not adequately
represented in the service under the state49.
INDRA SAWHNEY V UNION OF INDIA AIR 1993 SC 477, 1992 Supp 2 SCR 454:
The 9 judge constitution bench of the Supreme Court by 6:3 majority held that the decision of
the union government to reserve 27% government jobs for backward classes provided
socially advanced persons- creamy layer among them are eliminated is constitutionally valid.
The reservation of states shall only confine to initial appointments and not to promotions and
the total reservation shall not exceed 50%. The court accordingly partially held the two
impugned notifications dated august 19, 1990 and September 25, 1991 as valid and
enforceable but the subject to the conditions indicated in the decisions that socially advanced
persons- creamy layer among the backward classes are excluded. However, the court struck
48 The Parliament of India is a legislative elected body of government. Generally

a modern parliament has three functions: representing the electorate, making
laws and overseeing the government. Although some restrict the use of the word
parliament to parliamentary systems, it is also commonly used to describe the
legislature in presidential systems, even where it is not in the official name.
Historically, parliaments included various kinds of deliberative, consultative and
judicial assemblies.
49 N. Pandey; op.cit., p.4
20
down the congress government on reserving 10% government jobs for economically
backward classes among higher classes.
After the landmark Mandal case, Article 16 (4-A) through the 77 th amendment and 16
(4-B) through 81st amendment were added.
According to the clause 4-A, nothing in this article shall prevent the state from
making any provisions for the reservation in matters of promotion to any class or classes of
posts in the service of state in favour of the scheduled caste and scheduled tribes which in the
opinion of the state are not adequately represented in the service under the state.
According to the clause 4-B seeks to end the 50% ceiling on the reservation for SCs/
STs and BCs in the backlog vacancies which could not be filled up in the previous years due
to the non-availability of eligible candidates. 85 th Amendment Act replaces the words in
matter of promotion to any class in clause 4- A of Article 16 with other words in matter of
promotion, with consequential seniority to any class.
OTHER ARTICLE OF INDIAN CONSITUTION COVERING THE RESERVATION

POLICY:
ARTICLE 17: Article 17 talks about The abolition of untouchability and declares its
practice in any form to be an offense punishable under law.
According to Article 17 Untouchability is abolished and its practice in any form is forbidden.
The enforcement of any disability arising out of Untouchability shall be an offence
punishable in accordance with law. 50
50 ` M.P. Jain; op.cit., p.9
21
The social security charter of directive principles of state policy under Article 39-A
directs the state to ensure equal justice and free legal aid to economically backward classes
and under article 45 imposes a duty on the state to raise the standard of living and health of
backward classes.
Article 330-342 talks about the special provisions for the certain class of people such
as scheduled castes, scheduled tribes, Anglo- Indians, linguistic minorities and OBC51.
MANDAL COMMISSION REPORT
The Mandal commission report was established in India in 1979 by the Janata party
government under Prime Minister Morarji Desai with a mandate to identify the socially and
educationally backward. It was headed by Indian parliamentarian Bindheshawari Prasad
Mandal to consider the question of seat reservation and quotas for people to redress caste
discrimination and used eleven social, economic and educational indicators to determine
backwardness. In 1980s, the commission reports affirmed the affirmative actions practise
under Indian law whereby members of lower casts were given exclusive access to certain
portion of government jobs and slots in public universities and recommend changes to these
quotas, increasing them by 27% to 49.5%. This commission was setup under article 340 for
the purpose of article 15 and 1652.
Mandal commission regarding reservations of scheduled castes and scheduled tribes

are that India constitutes of 22.5% SC and ST population and accordingly 22.5% reservation
has been made for them in all services and public sector under central government in states
should be according to their population. For other backward classes recommendations for
reservation is that they are 52% of total population in India. Accordingly 52% of all the posts
under central government should be reserved for them but in view of Supreme Court
judgments it has been held that total quantum of reservation should be below 50%. Therefore
the commission has assigned 27% reservation for them.
RESERVATION SCHEME FOR OBCs:
51 V.N. Shukla; op.cit., p.9
52 http://www.ncbc.nic.in/User_Panel/UserView.aspx?TypeID=1161 accessed on 28th August 2016
22
1. Candidates belonging to OBCs recruited on the bases of merit in an open competition

should not be adjusted against their reservation quota of 27%.
2. The above reservation should also applicable to all levels of the caste.
3. A roster system for each category of posts should be adopted by the concerned
authorities in the same manner as presently done in respect of SC and ST candidates.
4. This reservation will fall under article 15(4) of the constitution and the quantum of
reservation should be the same as in the government services, i.e., 27%53.
CREAMY LAYER AN EXCEPTION ONLY IN TAMILNADU
The creamy layer was advised by the Government to be followed by all the states but still
Tamilnadu is the one which doesnt follow it and it is the only one exceptional state.
The creamy layer is a term used in Indian politics to refer to the relatively wealthier
and better educated members of the Other Backward Classes (OBCs) who are not eligible for
government sponsored educational and professional benefit programs.
The term was introduced in the sattanathan commission in 1971, which directed that
the creamy layer should be excluded from the reservation of civil posts and services
granted to OBCs.
The creamy layer criteria was defined as earning more than 1,00,000 rupee per annum
in 1993 and revised to Rs 2.5 lakhs in 2004 and then 4.5 lakhs in 2008 and finally 6 lakhs in
2013. In October 2015, the National Commission for Backward Classes proposed that a
person belonging to OBC with an annual family income upto Rs 15 lakhs should be
considered as minimum ceiling for OBC.
The Creamy Layer concept is currently meant only for the OBCs. This concept is
currently not applied to the scheduled castes and scheduled tribes.
There are numerous valid reasons for enforcing creamy layer restrictions on
reservation for scheduled castes and scheduled tribes category, among them being the
upliftment of the poor and deprived people in the scheduled castes category and scheduled
tribes category rather than the rich people in those categories.
53 http://www.simplydecoded.com/wp-content/uploads/2013/01/Mandal-commission-report.pdf
accessed on 29th August 2016
23
The reservations for SC/ST are not for their economical benefits but for their social
upliftment and because of which the state is trying to achieve but mainly their social
upliftment. Which is why imposing the creamy layer on the SC/ST will defeat the sole
purpose of social upliftment and defeat the provisions of the constitution. Creamy layer of the
backward classes from enjoying reservation facilities. All states implemented but state of
Tamilnadu did not implement it.
Recent reservation bill for providing reservation to OBC in educational institutions

also did not exclude creamy layer in some states in our country. However, this matter is still
under the serious consideration of standing committee. Our supreme court ordered to restrict
reservation within 50% limit. All states followed but state of Tamilnadu did not follow it. It is
apt to remember that our judiciary declared separate reservations for economically poor
among forward castes as invalid. This ruling was implemented.
In 1951, in the case State of Madras v smt. Champaran Dorairanjan, the

honourable supreme court of India held that the caste based reservation as per the statues.
The honourable justice in the case of A.Peeriakaruppan etc v State of Tamilnadu

has observed that A caste has always been recognised as a class. In this case also it was held
that in ascertaining social backwardness of a class of citizens it may not be irrelevant to
consider the caste of the group of citizens. Caste however be made the sole or dominant test.
In 1963, M R Balaji v Mysore, the honourable court has put 50% limit on
reservations in this ruling. Almost all states did not exceed 50% limit but state of Rajasthan
68% quote including 14% for forward castes and state of Tamilnadu in 1980, 69% under the
9th schedule exceeded the limit.. In 1992, the supreme court of India in Indira Shawnee and
ors V Union of India, upheld implementation of separate reservation for other backward
classes as to central government jobs is concerned. This ruling was implemented54.
CASES WITH RESPECT TO CREAMY LAYER:
54http://indianexpress.com/article/india/india-others/q-for-quota/ accessed on 7th August 2016
24
In general manager state of Punjab v hiralal55, akhil Bharatiya soschit karamchan

sangha(Railway) v union of India56, it was held that reservation of appointments or posts
under article 16(4)57 included promotions. This was over ruled in Indira sawhney & ors v
union of India and held that reservation cannot be applied in promotions.
In Union of India V Varpal singh and Ajitsingh Januja &ors v State of Punjab, it
was observed that it would thus be clear that right to promotion is a statutory right.it is not
fundamental right. The right to promotion to a post or a class of posts depends upon the
operation of the conditions of service.
Article 16(1) and 14 guarantees a right to promotion to dalits and tribes as

fundamental rights where they not have adequate representation consistently with thee
efficiency in administration58. In General Manager S.Rly v Rangachari59 it was held that
reservation of appointments or posts under Article 16(4) included promotions and this was
overruled in the Indra sawheys case and held that reservation cannot be applied in
promotions.
77th amendment of the constitution introducing Article 16(4A) and 16(4B) was
effected to make this part of the judgment of the Indra Sawhenys case as invalid
In S. Vinodkumar V Union of India 60in this case, while considering Article 16(4)
and 335 held that for the purpose of promotion lower qualifying marks for the reserved
category candidates were not permissible. Further, it was held that relaxation of qualifying
marks and standard of evaluation in matters of reservation in promotion were not permissible
55 AIR 1970(3) SCC 567
56 1981 AIR 298, 1981 SCR (2) 185
57 The Constitution of India, Professional book publishers Delhi, 2015
58 C.B. Raju- Social Justice and The Constitution of India, Serials Publication,Delhi,2006, p. 312
59 AIR 1962 SC 36
60 1996 6 SCC 580
25
in consequence of this, a proviso, in the constitution (82nd amendment) Act was inserted at the
end of the article 335.
RELATIONSHIP BETWEEN RESERVATION AND PRINCIPLE OF EQUALITY
The concept of equality has been derived from preamble of the Indian constitution which
guarantees equality of status and opportunity under Article 14 of the Indian constitution
which states that the state shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India61.
The expression equality before the law which is taken from the English common
law is a declaration of equality of all persons within the territory of India, implying thereby
the absence of any privilege in favour of any individual. Thus rendering an idea that all
people are equal before the eye of law, but the question that hangs above our head is that
whether all the people in India Is treated equally in the eye of law is the question which is
still unanswered
The guiding principle of this Article is that all persons and the things are similarly
circumstanced and shall be treated alike both in respect of the privilege conferred and
liabilities imposed. Equality before the Law means that amongst equal the law should be
equal and equally administered and that like should be treated alike. Hence it forbids
discrimination between persons who are substantially in similar circumstances or conditions.
It doesnt forbid different treatment of the unequal. The guiding rule under the Article 14 is
that The rule rather is that like should be treated alike and that unlike should be treated
differently. The same or uniform treatment of unequals is as bad as unequal treatment of the
equals. As a matter of fact all persons are not like or equal in all respects. Application of the
same laws must distinguish between those who are equals and to whom they must apply and
those who are different and to whom they should not apply62.
why article 14 permits reasonable classification between likes and unlike so that
unlike should be given special treatment to bring them on the equal special treatment to bring
61 V.N. Shukla, op.cit; p.11
62 http://broom02.revolvy.com/main/index.php?s=Reservation%20in%20India&item_type=topic
26
them on the equal footing with the likes and in fact identical treatment in unequal
circumstances would itself amount to inequality. Goal of equality will not be considered to be
achieved till everyone will be on circumstances the equal footing. Thus idea to attain equality
has given birth to the concept of reservation or affirmative actions.
Equality has been promised by state under Article 14 of the Indian constitution and
Article 14 is considered as the soul of the Indian Constitution because without equality no
country can be considered as republic and it is the need of equality which have forced the
human beings to come under state so that they can get security, equal protection of law and
equality in all aspects. In our preamble we have adopted the word equality from French
revolution which itself shows the aim of our constitution and Article 14 further is a step
forward towards the accomplishment of that aim63.
Article 14 forbids class legislation but doesnt forbid classification which rests upon
the reasonable grounds of distinction. The principle of equality doesnt mean that every law
must have universal application to all persons who are not by nature, attainment or
circumstances in the same position. The varying needs of different classes of persons require
different treatment.
Moving a step ahead in E.P.Royappa v State of Tamilnadu64, the Supreme Court has
elaborated the traditional concept of equality which was based on reasonable classification
and has laid down a new concept of equality.
Krishna Iyer, propounded the new concept of equality in the following words-
Equality is a dynamic concept with many aspects and dimensions and it cannot be cribbed,
cabined and confined within traditional and doctrine limits.
From a positivistic point of view, equality is antithesis to arbitrariness. In fact equality

and arbitrariness are sworn enemies; one belong to the rule of law in public while the other to
the whim and caprice of the absolute monarch. Where an act is arbitrary, it is implicit in it
63 N. Pandey; op.cit., p.4
64 1974 AIR 555, 1974 SCR (2) 348
27
that it is unequal both according to political logic and constitutional law and is therefore
violate of article 1465.
Explaining the concept of reasonable classification in D.S. Nakara v Union of

India66, Desai J. who spoke for the majority has assimilated both the doctrine of
arbitrariness and doctrine of classification re-stating the concept of equality and the test is to
be applied in order to satisfy the requirement of article 14 his lordship stated that:
Reservation is a special treatment given to the unlike till they come on the equal
footing with the likes of the society. Reservation is a concept developed with a view to
provide special help to the weaker sections of the society and compete with the developed
with a view to provide special help to the weak so that they can overcome their weakness and
can compete with the strong. In the landmark judgements like D.V. Bakshi v Union of India
and Air India v Nargesh Mirza Supreme Court has given wonderful judgements of these
cases have established new landmarks in the concept of equality.
Equality is a state of complete justice and judgements of the cases have established
new landmark cases in the concept of equality with relation the concept of reservation policy
in India67. The reservation and concept of equality are two sides of the same coin and if
equality is the aim then reservation is the best possible way to each that aim.
CASES RELATED TO THE RESERVASTION IN INDIA
Indian judiciary has pronounced some judgements upholding reservations and some
judgements for fine tuning its implementations. Lot of judgements regarding reservations
have been modified subsequently by Indian parliament through constitutional Amendments.
Parliament has the discrete power to amend the constitution but under only one condition that
it should not infringe the basic structure of the constitution under Article 13 and 368 of the
65 http://www.legalservicesindia.com/article/article/reservation-&-principle-of-equality-479-1.html
66 1983 AIR 130, 1983 SCR (2) 165
67 http://www.legalservicesindia.com/article/article/reservation-&-principle-of-equality-479-1.html
28
constitution. Some judgements of the Indian Judiciary has been flouted by state and central
governments.
Some of the most major judgements which sets the landmark for the reservation policy
are listed below they are:
State of Madras Vs Smt. Champakam Dorairajan AIR 1951 SC 226.

M R Balaji Vs Mysore AIR 1963 SC 649
Indira Sawhney & Ors Vs Union of India AIR 1993 SC 477: 1992 Supp (3) SCC
217.
Union of India Vs Varpal Singh AIR 1996 SC 448 and Ajit singh Januja& Ors Vs
State of Punjab AIR 1996 SC 1189
S. Vinodkumar Vs Union of India 1996 6 SCC 580
The above five cases laid down few question on the concept of the reservation policy in
India and the supreme court answered it in a way that sets a bench mark cases till today and
many relevant cases uses this as a precedent to claim for the reservation in India.
The few relevant cases are:
a) State of Punjab vs. Hira Lal 1970(3) SCC 567
b) State of A.P. Vs U.S.V. Balram AIR 1972 SC 1375
c) Kesavanand Bharti v St of Kerala AIR 1973 SC 1461
d) State of Kerala Vs N. M. Thomas AIR 1976 SC 490 : (1976) 2 SCC 310
e) Jayasree Vs. State of Kerala AIR 1976 SC 2381
f) Minerva Mills Ltd Vs Union (1980) 3 SCC 625 : AIR 1980 SC 1789
g) Ajay Hasia v Khalid Mujib AIR 1981 SC 487
h) Akhil Bharatiya Soshit Karamchari Sangh Vs Union (1981) 1 SCC 246
i) K. C. Vasant Kumar v. Karnataka AIR 1985 SC 1495
j) K. Manorama Vs Union of India.(2010) 10 SCC 323.
29
k) Suraj Bhan Meena Vs. State of Rajasthan (2011) 1 SCC 467.
CASES:
State of Madras Vs Smt. Champakam Dorairajan AIR 1951 SC 226:
PRINCIPLE:
Court pronounced that caste based reservation as per communal Award violates Article 15(1)
and held that the 1st constitutional amendment i.e., Article 15(4) introduced to make
judgement invalid.
M R Balaji Vs Mysore AIR 1963 SC 649:
PRINCIPLE:
In this case the court put 50% capital on the reservation policy since almost all states except
Tamil Nadu and Rajasthan has not exceeded 50 % limit. Tamilnadu exceeded limit in 1980.
Andhra Pradesh tried to exceed limit in 2005 which was again stalled by high court.
Indira Sawhney & Ors v. Union of India. 1993:
PRINCIPLE:
1. Upheld implementation of separate reservation for other backward classes in central

government jobs.
2. Ordered to exclude Creamy layer of other backward classes from enjoying reservation
facilities.
3. Declared separate reservations for economically poor among forward castes as

invalid.
30
4. Caste is a class of citizens and that if a caste as a whole is socially and educationally
backward, reservation can be made in favour of such a caste on the ground that it is a socially
and educationally backward class of citizens within the meaning of Article 15(4).
5. Reservations cannot be applied in promotions but gave 5 yr window.
6. Article 16(1) does permit reasonable classification for ensuring attainment of the
equality of opportunity assured by it. Article 16(4) is an instance of such classification, put in
to place the matter beyond controversy
CONCLUSION
The reservation policy in India was adopted with a reason to uplift certain castes who were
subjugated to atrocities, social and economic backwardness due to the prevalent dominance
of caste system in Hindu society. This reason has somewhere lost its essence in the modern
era and the castes that should be actually benefitted are not being benefitted and the others are
reaping the benefits of the reservation system that are actually not meant for it.
Today, the reservation system has just become a tool for politicians to gain vote
banks. The recent agitation from the patels of Gujarat to include them in the category of OBC
was shocking for the entire nation, as the people who were agitating to get the reservation in
the state of Tamil Nadu, the reservation system proved to be a havoc for the society wherein
the Brahmans had very clearly churned themselves down in the league of the background
31
bandwagon and had gained enormously from the reservation system. For these possible
reasons, the creamy layer has been excluded from the list of scheduled caste and scheduled
tribes and OBC after the landmark Mandal case.
In one of the landmark decisions of Ashok kumar Thakur v union of India, justice
Ravindran smelling the dangers from the present trend on the reservation had rightly opined
that when more people aspire for backwardness instead of forwardness, the country itself
stagnates. It is quite impossible to declare reservation policy as good or bad as those
benefitting from it would always support it and declare it to be good while those who are
being at a loss because of the system would always curse it and declare it to be bad. But what
matters the most is not that reservation policy is good or bad instead what matters is the idea
and the reason behind its adoption. If that reason is losing its essence then of course the
reservation would gradually turn out to be bad.
The political indulgence in the process of reservation has merely reduced from a
noble idea to a strategy to increase the vote bank. Moreover, a lot of criticism has been made
on the criteria of reservations. The socially and economically backward, the only stamp of
being from a caste is enough to gain profits in the name of reservations.
The reservation policy is good till the point some deserving candidate is not missing
upon the opportunity because of the prevalent reservation system. We also need to understand
that when we talk about backwardness. If we would demand more and more backwardness
then it is obvious we cannot move forward, and we will not be able to move forward our
progress would ultimately get stagnant. It is also important that the essence of the idea of the
adoption of reservation policy should be maintained and the actual backward classes who are
in real and not fiction denied access to education, job opportunities be benefited.
This reservation policy should not become a ladder to climb on the stairs of profit,
money and other related interests for those who are just roaming with stamp of being a
backward class and are actually socially and economically much more stable than the general
class. The urge to be one among the backward will gradually lead towards the stagnation in
the development of the country. Indian Constitution is one of the best and largest unwritten
constitutions of the world. Article 14 of our constitution is itself soul of the Indian
constitution and even Article 22 is secondary to it because what is the meaning of equality if
there is no life.
32
Indian reservation system has been a major success in improving the position of the
backward classes and past decades have shown remarkable developments in position of
backward and oppressed classes in India. Though our reservation system is an outcome of
huge amount of research by the commissions and government agencies like Mandal
commission but even then somewhere our system is lacking on the applicability part also
some fault are there in identification of the backward classes because despite of giving so
many years of reservation their position have not been developed to that extent as it should
have been.
Our present reservation system is caste based and it has been seen that the upper
segment of each class who are forward then the others are developing and are using
maximum benefit of reservation and also now they are economically sound now while the
lower segment of the same cast are still unaware of their rights of reservation and they are
still backward. In order to adequate this inequality which is there in the same caste, the
reservation policy should be based on the economic conditions basis so that each and every
individual of this country who is backward socially as well as economically will get equal
chance to develop.
CRITICAL ANALYSIS
Indian Constitution is one of the best and largest unwritten constitutions of the world. Article
14 of our constitution is itself soul of the Indian constitution and even Article 22 is secondary
to it because what is the meaning of equality if there is no life.
Indian reservation system has been a major success in improving the position of the
backward classes and past decades have shown remarkable developments in position of
backward and oppressed classes in India.
Though our reservation system is an outcome of huge amount of research by the

commissions and government agencies like Mandal commission but even then somewhere
our system is lacking on the applicability part also some fault are there in identification of the
backward classes because despite of giving so many years of reservation their position have
not been developed to that extent as it should have been.
33
Our present reservation system is caste based and it has been seen that the upper
segment of each class who are forward then the others are developing and are using
maximum benefit of reservation and also now they are economically sound now while the
lower segment of the same cast are still unaware of their rights of reservation and they are
still backward.
In order to adequate this inequality which is there in the same caste, thee reservation
policy should be based on the economic conditions basis so that each and every individual of
this country who is backward socially as well as economically will get equal chance to
develop. Many castes are now economically forward but still they socially backwardness.
Thus the reservation and equality are two sides of the same coin and if equality then
reservation is the best possible way to reach that aim.
We have to change We want to see and We can
BIBLIOGRAPHY
PRIMARY SOURCES
Journals
Bakshi, S.R. Simon Commission and Indian Nationalism, Munshiram Manoharlal
Publishers Pvt. Ltd., New Delhi, 1976
Balagopal, K. A Tangled Web: Subdivision of SC Reservations in AP, EPW, March 25,
2000.
Basu, Durga Das, Introduction to the Constitution of India, LexisNexis, Nagpur, 2008.
Chuni Lal Anand, ed., The Government of India Act, 1935. Lahore, The University
Book Agency, 1935.
Laskar, Mehbubul Hassan, Rethinking Reservation in Higher Education in India. ILI
Law Review, 2011
M. Ramanjaneyulu, Evalution of Reservation in India, International Journal of
multidisciplinary advanced research trends, Telangana state, 2015
34
Mukul Shastry, Reservation Policy in India: A Critical Evaluation, SSRN Electronic

Journal, May 2009
S. Yesu Suresh Raj & P. Gokulraja, An Analysis of Reservation System in India,
International Publication, Tamilnadu (Dindigul), October 2015.
Sushma Yadav, Reservation and inclusive growth, Indian Institute of Public
Administration, New Delhi, 2015.
Newspaper: The Hindu , Tiruchirapalli Edition, 27th March 2015
Case Laws
Indra Sawhney (II) v. Union of India, (2000) 1 SCC 168
Indra Sawhney v. Union of India, (1992) Supp. (3) SCC 217
M. R. Balaji v. State of Mysore, AIR (1963) SC 649
S. Vinod Kumar v. Union of India, (1996)6 SCC 580
SECONDARY SOURCES
C.B. Raju- Social Justice and The Constitution of India, Serials Publication,Delhi,2006
J.N. Pandey- Constitution of India, Central Law Agency, Allahabad, 2003
M.P. Jain- The Constitution of India, Lexis Nexis, New Delhi, 2014
V.N. Shukla- The Constitution of India, Eastern Book Co., lucknow, 2016
Websources
http://blog.ipleaders.in/reservation-policy-india/ accessed on 28th August 2016

http://broom02.revolvy.com/main/index.php?s=Reservation%20in
%20India&item_type=topic accessed on 28th August 2016
http://parliamentofindia.nic.in/ls/debates/vol5p1.htm accessed on 28th August 2016
http://www.legal360.in/Detail/LA/2535/Analysis-of-Reservation-Policy-in-India
http://www.legalserviceindia.com/article/l354-Reservation-Policy.html accessed on
7th August 2016
http://www.legalserviceindia.com/articles/resmod.htm accessed on 27th August 2016
http://www.legalservicesindia.com/article/article/reservations-in-india-1145-1.html
accessed on 28th August 2016.
35
http://www.ncbc.nic.in/User_Panel/UserView.aspx?TypeID=1161 accessed on 28th

August 2016
http://www.simplydecoded.com/wp-content/uploads/2013/01/Mandal-commission-
report.pdf accessed on 29th August 2016
https://www.quora.com/India-What-are-your-views-on-caste-based-reservation-
system-in-India-1 accessed on 28th August 2016
https://www.quora.com/Is-there-any-muslim-reservation-in-India accessed on 27th
August 2016
https://www.quora.com/What-does-Reservation-in-the-Indian-caste-system-mean
36

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HISTORICAL BACKGROUND OF RESERVATION POLICY IN

INDIA- A LEGAL PERSPECTIVE

To analyse the implementation the policies ever since independence.

2 A person who advocates or practises socialism. A socialist advocates a society

To analyse thoroughly the real purpose of the reservation policy.

i. DESCRIPTIVE METHOD: In this type methodology, the project will be covered by

Primary sources like Journals; Newspaper and Case laws.

If our political progress was to be real, the underdogs

i. Representation in the legislature and

7 http://parliamentofindia.nic.in/ls/debates/vol5p1.htm accessed on 28th August 2016

The basis of providing reservation is giving proportionate opportunities to the people

Reservation in our country is known as quota system. Article 15 of the Indian

Lot of verdicts of our Indian judiciary as to reservations have been modified

Reservation is a policy designed to redress past discrimination against lower class/

9 A constitutional Amendment refers to the modification of the constitution of a

10 A constitution is a set of fundamental principles or established precedents

11 Y.Srinivasa Rao, Reservation in India, New Delhi, June 1,2012, p. 3

12 N. Pandey; Constitution of India, Central Law Agency, Allahabad, 2003, p. 87

The justification for reservation is to compensate for past discrimination, prosecution

The principle of affirmative action is to promote social equality. Social equality is a

The constitution of India provides three types of reservations namely:

The political reservation is provided in the constitution by reservation of seats in

HISTORICAL BACKGROUND FOR GIVING RESERVATION IN INDIA

The historical background can be dealt in two ways:

i. Pre- Independence Era

RESERAVTION POLICY IN PRE-INDEPENDENCE ERA

18 http://blog.ipleaders.in/reservation-policy-india/ accessed on 28th August 2016

19 The Act of 1919 provides a dual form of government called as a dyarchy in

20 The Hindu , Tiruchirapalli Edition, 27th March 2015

RESERAVTION POLICY IN POST- INDEPENDENCE ERA

22 http://www.legalserviceindia.com/articles/resmod.htm accessed on 27th August 2016

Reservations in favour of backward classes (BCs) were introduced long before

25 M. Ramanjaneyulu, Evalution of Reservation in India, International Journal of multidisciplinary

26 Presidency towns or areas were the administrative divisions of British

28 https://www.quora.com/What-does-Reservation-in-the-Indian-caste-system-mean accessed on 7th

BENEFICIARY GROUPS OF THE RESERVATION SYSTEM

The exact percentage varies from state to state:

There is a long-term plan to extend this reservation to parliament and legislative

31 A Constitutional amendment refers to the modification of the constitution of a

32 A member of Legislative Assembly (MLA) is a representative elected by the

33 http://www.legal360.in/Detail/LA/2535/Analysis-of-Reservation-Policy-in-India accessed on 27th

iv. STATUS AS A DOMICILE

34 Women's Reservation Bill or The Constitution (108th Amendment) Bill, is a pending

36 https://www.quora.com/Is-there-any-muslim-reservation-in-India accessed on 27th August 2016

COMPARISON OF RESERVATION POLICY WITH THE INDIAN CONSTITUTION

A common form of caste discrimination in India was the practise of untouchability.

The constitution of India states in:

ARTICLE 16: Equality of opportunity in matters of public employment:

The constitution of India in Article 16(4) state that Nothing in article 16 or in

ARTICLE 46: Promotion of Educational and economic interests of Scheduled castes

ARTICLE 15(4) SPECIAL PROVISION FOR ADVANCEMENT OF BACKWARD

42 AIR 1951 SC226

CONSITUTION (93rd AMENDMENT) ACT, 2006: PROVISIONS FOR

Article 15 prohibits discrimination on the grounds of religion. The evil effect of

46 (1993) 1 SCC 645

47 (2004) 8 SCC 139

RESERVATION OF POSTS IN PUBLIC EMPLOYMENT ON THE BASIS OF

Article 16(3) is an exception to clause 2 of article 16 which forbids discrimination on the

RESERVATION FOR BACKWARD CLASSES IN PUBLIC EMPLOYMENT

48 The Parliament of India is a legislative elected body of government. Generally

49 N. Pandey; op.cit., p.4

OTHER ARTICLE OF INDIAN CONSITUTION COVERING THE RESERVATION

50 ` M.P. Jain; op.cit., p.9