Date : 03/08/2023

Relevance: GS Paper 2: Government Policies and Intervention - Reservation

Keywords: Rohini Commission, 'Communal Award', Mandal Commission, 'Indra Sawhney v. Union of India' (1992) case, 103 th Constitutional Amendment Act 2019

Context-

The Justice G Rohini Commission's report on the sub-categorization of Other Backward Classes (OBCs) has been submitted to President Droupadi Murmu. The report aims to address distortions in the quota regime, ensuring a more equitable distribution of benefits among various OBC communities. This analysis delves into the key aspects of sub-categorization, the terms of reference of the Rohini Commission, and the studies conducted during its tenure.

What is the 'sub-categorization' of OBCs?

• OBCs are entitled to 27% reservation in central government jobs and educational institutions.
• The Central List of OBCs contains over 2,600 entries, but only a few affluent communities are perceived to benefit from the quota.
• Sub-categorization aims to identify quotas within the 27% reservation to ensure equitable distribution of benefits.

Terms of Reference of the Rohini Commission:

• Initially, the commission was tasked with examining the inequitable distribution of reservation benefits among OBC castes or communities listed centrally.
• It was also required to develop a scientific approach to sub-categorize OBCs and classify them into respective sub-categories.
• Later, an additional term was added to study and recommend corrections for any errors in the Central List of OBCs.

Studies Conducted by the Commission:

• In 2018, the commission analyzed data on 1.3 lakh central government jobs and OBC admissions to central higher education institutions over specific periods.
• The analysis revealed that 97% of jobs and seats went to 25% of OBC castes, with just 10 OBC communities receiving 24.95% of these benefits.
• Shockingly, 983 OBC communities (37% of the total) had zero representation in jobs and educational institutions, and 994 OBC sub-castes had only 2.68% representation in recruitment and admissions.

Reservation in India

• India's reservation system, rooted in the age-old caste system, aims to address historical injustices faced by certain sections of the population. Through affirmative action in government jobs, educational institutions, and legislatures, reservation seeks to provide access to opportunities for socially and educationally backward communities.
• This system is governed by various constitutional provisions, and its implementation has been subject to judicial scrutiny. While the reservation has played a significant role in uplifting marginalized groups, it has also sparked debates and demands for reforms.

Historical Background:

• The idea of the caste-based reservation system was originally conceived by William Hunter and Jyotirao Phule in 1882.
• However, the reservation system, as it exists today, took shape in 1933 with the introduction of the 'Communal Award' by British Prime Minister Ramsay Macdonald. The award provided separate electorates for various communities, including Dalits, Sikhs, Muslims, Christians, Anglo-Indians, and Europeans. After negotiations, the 'Poona Pact' was signed between Gandhi and Ambedkar, resulting in a single Hindu electorate with certain reservations for backward classes.

Expansion of Reservation:

• Initially, after India's independence, the reservation was provided only for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• In 1991, on the recommendations of the Mandal Commission, Other Backward Classes (OBCs) were included in the ambit of reservation. The Mandal Commission, appointed under Article 340 of the Constitution, identified backward classes based on eleven indicators of social, educational, and economic backwardness. It led to the creation of an all-India OBC list with 3,743 castes and a more underprivileged "depressed backward classes" list with 2,108 castes.

Judicial Scrutiny of Reservation:

• The Supreme Court played a crucial role in shaping reservation policies in India. In the 'State of Madras v. Smt. Champakam Dorairajan' (1951) case, the court's ruling led to the First Amendment in the Constitution, introducing Clause (4) in Article 15 to allow reservations for backward classes in education.
• The 'Indra Sawhney v. Union of India' (1992) case upheld the 27% quota for backward classes but struck down the government's notification reserving 10% of government jobs for economically backward classes among higher castes. It also established the principle that total reservation beneficiaries should not exceed 50% of India's population.

Recent Developments:

• The 'Constitutional (103rd Amendment) Act of 2019' provided 10% reservation in government jobs and educational institutions for the "economically backward" in the unreserved category. This addition expanded the reservation cap beyond 50%.

Reasons Behind Increasing Demands for Reservation:

• Reservations are seen as a remedy for adverse effects of ill-thought-out development policies, agrarian distress, and stagnation in employment growth.
• Some sections of society fear losing privileges and feel disadvantaged in the context of government jobs due to lack of similar advantages.

Argument Against Reservation

• Reservation in government services has led to divisions and enmity among employees, impacting the workplace atmosphere negatively.
• Instead of eradicating caste-based discrimination, reservation perpetuates the notion of caste in society, hindering true social equality.
• Reservation was introduced to uplift historically underprivileged communities, but many continue to face social disadvantages despite economic progress.
• The reservation system's implementation has been flawed, with the benefits often appropriated by the dominant and elite within backward castes, leaving the most marginalized still deprived.

Contemporary Debates and Suggested Reforms:

• Reservation should be targeted towards the most underprivileged individuals rather than a few privileged individuals from each caste.
• The concept of a "creamy layer" should be strictly implemented to exclude the well-off individuals within reserved categories.
• A focus on the radical changes in the education system at the grassroots level is needed to uplift marginalized sections.
• Awareness generation is crucial to ensure that needy individuals from reserved segments can benefit from reservation provisions.
• Reservation policies should not harm social cohesion or become a tool for narrow political interests.

Conclusion:

The reservation system in India has been instrumental in addressing historical injustices and providing opportunities to the marginalized. However, it also faces criticism and demands for reform to ensure its effectiveness and fair implementation. Striking a balance between social justice, equity, and meritocracy is essential for creating a more inclusive and prosperous society. A strong political will and a holistic approach to uplifting the backward sections of society are vital for the continued evolution of India's reservation policies.

Source : The Indian Express