What is meant by reservation or affirmative action?
In simple terms, reservation in India is all about reserving access to seats in the government jobs, educational institutions, and even legislatures to certain sections of the population.
Also known as affirmative action, the reservation can also be seen as positive discrimination. Reservation in India is a government policy, backed by the Indian Constitution (by means of various amendments).
The purpose of reservation in India
The two main aims to provide reservation as per the Consitution of India are:
- Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) OR any socially and educationally backward classes of citizens (Eg: OBC) OR economically weaker sections (EWS) – Article 15 (4), Article 15 (5), and Article 15 (6),
- Adequate representation of any backward class of citizens OR economically weaker sections (EWS) in the services under the State. – Article 16 (4) and Article 16 (6)
The extent of Reservation in India
In India, reservation is provided in:
- Government Educational Institutions (like IITs, IIMs etc) – as per Article 15 – (4), (5), and (6)
- Government Jobs (like IAS, IPS etc) – as per Article 16 – (4) and (6)
- Legislatures (Parliament, and State Legislature) – as per Article 334
Before 2019, the reservation was provided mainly on the basis of social and educational backwardness (caste). However, after the 103rd constitutional amendment in 2019, economic backwardness is also considered.
Apart from the reservation quota, additional relaxations like upper-age relaxations, additional attempts, and lower cut-off marks are also provided for various reservation categories.
Reservation quota in India for Government Jobs
A vacancy reserved for SCs or STs or OBCs cannot be filled by a candidate other than an SC or ST or OBC candidate, as the case may be.
As seen from the above table, about 60% of seats are reserved in India – for various sections like ST, SC, OBC, and EWS – with respect to Government jobs and Higher Education Institutions. 3% of seats are also reserved for differently-abled persons across all categories.
This also means that only 40% of seats are available under merit. In the merit seats, not only the general category candidates but all other categories like SC, ST, OBC, and EWS can also compete.
SC/ST Reservation
The objective of providing reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs) in services is not only to give jobs to some persons belonging to these communities. It basically aims at empowering them and ensuring their participation in the decision-making process of the State.
Besides, the state is also keen to end practices such as untouchability.
Scheduled Castes (SC) are given 15% quota in jobs/higher educational institutions while Schedule Tribes (ST) are given 7.5% quota in jobs/higher educational institutions.
Reservation is provided not only with respect to direct recruitment but also with respect to promotions for SC/ST category (Article 16(4A)).
There is no concept of ‘creamy layer’ with respect to SC/ST reservation. This means that irrespective of the income status or the government posts held by the parents, children of SC/ST parents will get SC/ST Reservation.
OBC Reservation
Reservation for Other Backwards Classes (OBC) was introduced based on the Mandal Commission Report (1991). The quota for OBCs is 27% in government jobs and higher educational institutions.
However, there is a concept of ‘creamy layer’ with respect to the OBC reservation. Only those from OBC who comes under Non-Creamy Layer would get OBC reservation.
The creamy layer concept brings income and social status as parameters to exclude some of the privileged members of OBC from the extent of reservation. This concept also keeps a check to ensure that the benefits of reservation do not get extended to subsequent generations.
Read more about the OBC Reservation Eligibility.
EWS Reservation
The Central Government of India recently introduced EWS Reservation. 10% quota is provided for the Economically Weaker Sections (EWS) among General Category candidates in government jobs and educational institutions. This is done by adding clauses for the same in the Indian Constitution (103rd Constitution Amendment Act, 2019).
Read more about the EWS Reservation Eligibility
History of Reservation System in India – Rectifying the Historical Injustice
To an extent, reservation as a policy is pursued by the State to correct the historical injustice done to certain castes by the so-called “upper castes”. The caste system prevailed in India had alienated many “lower castes” from the mainstream – hindering their development. To a great extent, the repercussions are still felt.
Original Consitution of India has provided reservation only for quota in legislatures – that too only for 10 years until 1960 (article 334). Subsequent amendments to the constitution extended the period of reservation for quota in legislatures.
Provisions of reservations in Educational Institutions and Government Jobs – article 15(4) and article 16 (4) – were too created by means of Constitutional Amendments later. No time period is given for the validity of the reservations mentioned in article 15(4) and article 16(4).
The initial reservations were only for SC and ST [article 15(4) and article 16(4)]. OBCs were included in the ambit of reservation in 1991 [article 15(5)]. In 2019, Economically Weaker Sections are also included [article 15(6) and article 16(6)].
Should India need reservation (now)?
It’s the duty of the government to provide equality of status and opportunity in India.
Reservation is one of the tools against social oppression and injustice against certain classes. Otherwise known as affirmative action, reservation helps in uplifting backward classes.
However, reservation is just one of the methods for social upliftment. There are many other methods like providing scholarships, funds, coachings, and other welfare schemes.
The way the reservation is implemented and executed in India is largely governed by vote-bank politics.
Indian Consitution allowed reservation only for socially and educationally backward classes. However, in India, it became caste-based reservation instead of class-based reservation.
Initially, the reservation was intended only for SC/ST communities – that too for a period of 10 years (1951-1961). However, it got extended ever since. After the implementation of Mandal Commission report in 1990, the scope of the reservation was widened to include Other Backward Communities (OBCs).
The benefits of the reservation were successively enjoyed only by a few communities (or families), excluding the truly deserving ones. Even 70 years after independence, the demand for reservation has only increased.
Now, with the introduction of economic criteria for reservation, in addition to the caste-criteria which already existed, things have become more complicated.
Unequals should not be treated equally, but is reservation the only solution?
There is no doubt that unequals should not be treated equally. However, is the current system of unequal treatment perfect? Is it creating more injustice? Is it the only way out in a welfare-nation? It’s time to introspect.
Reservation based entirely on economic criteria is not an all-in-one solution, though family income can be one of the parameters. Also, its time to fix a time period for the reservation system – rather than extending it to eternity.
Denying India, the service of the meritorious candidates, who see them being overtaken by others with lesser academic performance or brilliance, is also a crime and injustice.
Aren’t there any alternative mechanisms to uplift the marginalised so that everyone gets equal opportunities? How is affirmative action done in other countries?
Reforms in the reservation system of India is the need of the hour. However, as the subject of reservation revolves around a lot of votes, parties are reluctant to disrupt the existing system.
50% Cap on Caste-Based Reservations
In Indra Sawhney vs Union Of India, 1992, the Supreme Court of India capped caste-based reservation, ruling that “no provision of reservation or preference can be so vigorously pursued as to destroy the very concept of equality”.
“Since this Court has consistently held that the reservation under Articles 15(4) and 16(4) should not exceed 50% and the States and the Union have by and large accepted this as correct it should be held as constitutional prohibition and any reservation beyond 50% would liable to be struck down.”
While introducing the bill for Economic Reservation in 2019, Arun Jaitley (Finance Minister) contended that the 50% cap on reservations imposed by the Supreme Court was only for caste-based reservations, and the Economically Weaker Section (EWS) reservation won’t be impacted by it.
Poverty cannot be the basis to provide reservation: SC
As per Article 16(4), one of the main purposes of reservation is to provide adequate representation of all classes (castes) in government services. Economic Reservation introduced by Article 16(6) is actually against this concept – as it does not take into consideration the caste-based representation.
Moreover, the reservation is not a poverty alleviation scheme.
Supreme Court had also ruled that economic status cannot be the sole criterion for reservation.
Many states had tried to implement Economic Reservation, however, they were subsequently quashed by Courts.
Introducing EWS bill in 2019, Union Social Justice and Empowerment Minister Thaawarchand Gehlot said the similar state laws for EWS quota were quashed by Courts because there was no provision for economic reservation in the Constitution before. Now, the Law will not be struck down by the Supreme Court if challenged as it has been brought by making required provisions in the Constitution.
Will Reservation System in India compromise the Merit (and efficiency of the system)?
Article 335 of the Indian Constitution states that
The claims of the member of the Scheduled Castes and the Scheduled Tribes shall be
taken into consideration, consistently, with the maintenance of efficiency of administration in
the making of appointments to services and posts in connection with the affairs of the Union
or of a State.Provided that nothing in this article shall prevent in the making of any provision in
favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in
qualifying marks in any examination or lowering the standards of evaluation, for reservation in
matters of promotion to any class or classes of services or posts in connection with the affairs
of the Union or of a State.
There is no second question that all castes/classes should be adequately represented in government services. However, which percentage can be called adequate – without compromising the merit or efficiency of the administration?
Is the current level of reservation adequate? Or is it less? Or has it already compromised the merit? What do you think?
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Very good! article which explained the current reservation scenario in India. Those who oppose the reservation should understand the history behind it. During the time of the suffering of SC/ST since thousands of years were there no people to think about equality in the upper castes?Unless the untouchability is removed from the minds and attitude of the people, reservation for SC/ST is justifiable.
The tragedy is that the section of the people who opposed the reservation for SC/ST and other back ward sections, have readily accepted the EWS reservation!!!
So it shows that everyone want reservation for their benefit.
@Divya – Thank you for the valuable feedback. Happy to know that you liked the article.
It wrongly pronounced that there is not any creamy Lear in SC reservation policy. The well settled parents children also can get reservation. It is wrong . I am being professor in history my children did not apply for scholarship or any facilities.. Second, it is wrongly pronounced that the less merits also can get service vide reservation. Now , there are many students from SC who obtain 90 to 95 % of marks. Also there is long que of candidates for few posts . The recruitment process is completed with merit list , the higher rank holders are selected . Not from low marks. It is not fault of SC ,ST candidates , but it is faults of castiest minded person who made the Castes, caste is in mind and not in human body . It is shamful for the castiest minded group of people who promote caste system in India. Freeze the all Castes , forbid the use of Caste indicating sirnames, disgnated names .
The articles are very good with each section described so well! good job sir.
espically the article on reservation was comendable.
Hello…i am swati vasava.Student from SVNIT surat.completed 2nd year in integrated master of science.i want to start upsc preparation from now.i know i should cover all NCERT books from 6 to 12 in this vacation time but i am getting confusion which language should i prefer? English or gujarati!?i completed my school life in Gujarati medium but now i am studying in CBSC board english medium. Please give me suggestion.hope to get reply soon
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Dear Sir,
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The info you gave that reservation was only given for 10 year is wrong. It was political reservation which was given for 10 years, there were no limits set on economical and social reservation.
These articles are great. Kindly keep posting such articles and keep up the good work. Thank you for this website.
Writer need to work on concepts like caste in depth to have better understanding of whole issue, other countries don’t have such a brutal system like caste so we can’t even compare the issue with other affirmative actions as claimed by the writer. There is a complete lack of epistemological understanding of caste and it is reflected in the article.
Hello Team Clear IAS,
While reading your article on Reservation, It seems better and you have given more facts which are essential too. But I finf some mistakes as well.e.g. the true meaning of reservation is lacking, the main objective of reservation is also missed. In the Article You said that Reservation was for 10 year only,here you bluff because this is not the fact. The fact is Reservation was is given in 3 Broad Areas as given below,
1) Political reservation
2) Education R
3) Employment R.
So here In Political Field the reservation was given for 10 year with a provision that if this section would not get adequate representation then it would be Extend for next 10 year ( as we know the caste mentality ,bias mentality of our society). This 10 year Criteria was not applicable for Education and Employment.
You have give the best facts which are essential to know but this article seems Monotonal, Unbalanced, Acorders.. need improvement as it is most important issue. Thank you.
It is true that the Reservation in India is given in 3 broad areas.
The article explains that Original Consitution of India has provided reservation only for quota in legislatures – that too only for 10 years until 1960 (article 334).
This means the original constitution explicitly mentioned ONLY political reservation.
The article also mentions that the 10-year period of reservation was only for political reservation in the original constitution.
The Education Reservation (Article 15(4)) and the employment reservation Article 16(4) were created by constitutional amendments later. The educational reservation and employment reservation were not explicitly mentioned in the original constitution.
The First Constitutional Amendment Act 1951 Introduced Educational Reservation Article 15(4) while the Seventh Constitutional Amenmendent Act 1956 introduced Employment Reservation.
In short, I find the above article as correct. The author has put the facts right.
The article was meant to explain the concept of reservation in laymen terms. There is no comparison made with other affirmative actions. However, the reference is made to look if there any best practices exist in other countries which we can adopt to improve our system of reservation.
It is the same we meant by writing ‘ only for quota in legislatures – that too only for 10 years until 1960 (article 334)’ and in the next paragraph, No time period is given for the validity of the reservations mentioned in article 15(4) and article 16(4).
There shouldn’t be any reservation. Still you think discrimination exist,i don’t think so. And what about those who were benefitted by reservation what they have done for upliftment of there society . Nothing!
70 years is too much for upliftment but by giving lame excuse that we have been exploited for 1000 years you can’t justify further need of reservation.
It’s all for political benefit by leaders.
Unfortunately it is never gonna to end ever. And people always remain in same state unless a new approach for upliftment is opted. Aur chalta rahega mera desh Ram bharose.
there is clear adequate solution without compromising merit/efficiency.
the reservation is to protect/empower and equal opportunity in decision making.
caste/class/gender–regarding reservations to be below 50%—
taking any base year of population control imposed—
a reservation to be given below 50% of that caste’s total percentage of population-i.e.,if OBC is 41% population then the reservation for them is below 20.5%
for SC-below 9.5% out of their 19% population(SC can be subdivided as SC-A and SC-B with 5% and 4.5% out of their 10% and 9%population,actually their population is well below19%)
in reserved 50% -the eqality of women automatically reserved to 50% of those seats because women population is 50%.
in politics because of empowering necessity to to protect them -50% male and 50% female to be reserved in rotating the costituencies-or-atleast the the parties are to be ordered by court to must give 50-50 seats.
I am Jagesh Kumar MBA,PGDCA pursuing Company Secretary Executive course from ICSI.
As the aim of caste based reservation was to uplift the lower caste and backward people along with the upper caste and that too for a period of 10 years, later got extended. Now the total percentage of reservation is around 59 percent.
As the aim is achieved need to stop all caste based reservation and implement economic reservation say 25 percent for economically backward people from all castes whose annual income is less than or equal to 50000 or 100000 whatever the parameter is and rest 75 percent must go on open merit.
Then only we can become a developed country and overcome recession.
Team ClearIAS, I would like to bring to your notice some of the contradictions in your explanatory piece on Reservation Policy in India. Though I would be happy to be proven wrong otherwise.
In the section, ‘History of Reservation System in India’, it is written that reservation policy was first instituted for a period of 10 years only for representation in legislatures both central and state with periodic extension clause. Whereas there was no time limit given for provisions of reservation in educational institutions and government jobs. There is no mention of the expiration of the same nowhere in the Constitution.
As one moves to the next section, ‘Should India Need Reservation (now)?’, it is clearly written that “Initially, reservation was intended for only SC/STs that too for only 10 years but it got extended ever since.” And, after the implementation of Mandal Commission, it included the OBCs too.
My objection is just that while it is factually correct that reservation was first introduced to cover the SC/ST communities and later it got extended to OBCs as well, but it would be incorrect to say that the validity of reservation for Sc/STs was only for 10 years. It definitely was but only in legislatures and not in educational institutions or government jobs.
I feel this point should be highlighted here as such errors or typos may mislead the general public and change the course of debate on reservation policy.
Regards,
A Critical Reader
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