reservations

The most common trap is presenting scenarios where total reservations *appear* to exceed 50% due to horizontal reservations (e.g., women within OBC). Students often incorrectly assume this violates the Indra Sawhney ruling. Remember, the 50% limit applies to vertical reservations (SC/ST/OBC) *before* horizontal reservations are applied *within* those categories.

Reservations address *historical* and *ongoing* social discrimination. While other mechanisms like scholarships or poverty alleviation programs can improve access to resources, they don't directly counter the systemic biases that prevent disadvantaged groups from competing on a level playing field. Reservations aim to provide *representation* and *empowerment*, not just assistance.

Reservations primarily focus on government jobs and educational institutions. They don't directly address discrimination in the private sector, access to credit, or social attitudes. Critics argue that reservations can lead to 'reverse discrimination', may not always benefit the most deserving within a category (due to the 'creamy layer' issue), and can perpetuate caste-based identities.

Imagine a state government announces 100 vacancies for civil servants. Following reservation rules, 15 might be reserved for SCs, 7.5 for STs, and 27 for OBCs. Candidates from these categories compete *within* their respective quotas. If enough qualified candidates are available, these seats are filled. If not, they may remain vacant or be filled through a carry-forward rule in subsequent years (subject to legal limits). Horizontal reservations (e.g., for women) are then applied *within* each of these vertical categories.

In 2023, the Supreme Court upheld the validity of the 103rd Constitutional Amendment (EWS reservation). The challenge was primarily on whether it violated the basic structure of the Constitution by providing reservation based solely on economic criteria, excluding other backward classes. The court, by a 3:2 majority, ruled that it did not, but questions remain about its long-term impact and effectiveness.

Without reservations, representation of SC/ST/OBC in government jobs and educational institutions would likely decrease significantly. This could lead to reduced social mobility for these groups and potentially exacerbate existing inequalities. Some argue that meritocracy would be enhanced, while others contend that systemic biases would continue to disadvantage marginalized communities.

The strongest argument is that reservations compromise meritocracy and can lead to less qualified candidates being selected over more qualified ones, potentially affecting efficiency and productivity. A response could be that merit is not solely determined by exam scores or grades, and that diverse perspectives and experiences brought by individuals from marginalized communities can enrich institutions and decision-making. Furthermore, safeguards like minimum qualifying standards and the 'creamy layer' concept aim to mitigate this risk.

Possible reforms include: (1) Conducting regular reviews of reservation policies to assess their effectiveness and relevance. (2) Addressing the 'creamy layer' issue more effectively to ensure benefits reach the most deserving. (3) Investing in quality education and skill development programs for disadvantaged communities to reduce their reliance on reservations in the long run. (4) Exploring alternative mechanisms to address social inequality alongside reservations.

• •Conducting regular reviews of reservation policies to assess their effectiveness and relevance.
• •Addressing the 'creamy layer' issue more effectively to ensure benefits reach the most deserving.
• •Investing in quality education and skill development programs for disadvantaged communities to reduce their reliance on reservations in the long run.
• •Exploring alternative mechanisms to address social inequality alongside reservations.

India's reservation system is unique in its scale and constitutional basis. Few other democracies have such extensive affirmative action programs enshrined in their constitutions. However, some countries have quotas or preferences for specific groups in employment or education. A favorable comparison is that India's system aims for comprehensive social inclusion. An unfavorable comparison is that it can perpetuate caste-based identities more strongly than some other approaches.

Students confuse them because both relate to reservations for backward classes. The key difference is: Article 15(4) allows the State to make special provisions for the *advancement* of socially and educationally backward classes (SEBCs) in *educational institutions*. Article 16(4) allows the State to make provisions for reservations in *appointments or posts* in favor of any backward class that is not adequately represented in *government services*.

Prelims questions often focus on: (1) The year of the case (1992). (2) The establishment of the 50% ceiling on reservations. (3) The introduction of the 'creamy layer' concept to exclude economically advanced sections within OBCs. (4) The ruling that reservations in promotions were generally not permissible (though this has been modified later).

• •The year of the case (1992).
• •The establishment of the 50% ceiling on reservations.
• •The introduction of the 'creamy layer' concept to exclude economically advanced sections within OBCs.
• •The ruling that reservations in promotions were generally not permissible (though this has been modified later).

The UCC's impact on reservations is complex and depends on the specific provisions. If the UCC standardizes inheritance laws, it could affect how backwardness is determined, potentially impacting eligibility for reservations. For example, if certain communities traditionally disadvantaged due to discriminatory personal laws now have equal rights under the UCC, their claim to backwardness might be re-evaluated. The exact implications are still unfolding and subject to legal interpretation.