What is Caste-based reservations?
Historical Background
Key Points
11 points- 1.
Article 15(4) of the Indian Constitution empowers the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This provision is an exception to the general rule of equality and non-discrimination, allowing the government to implement policies that uplift marginalized communities.
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Article 16(4) allows the State to make provisions for reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. This ensures representation in government jobs, addressing historical under-representation.
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The 27% reservation for Other Backward Classes (OBCs) in government jobs and educational institutions was implemented based on the recommendations of the Mandal Commission. This was a significant expansion of the reservation policy and aimed to address the socio-economic backwardness of a large segment of the population.
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The 50% ceiling on reservations, established by the Supreme Court in the Indra Sawhney case (1992), limits the total reservations to not exceed 50% of the available seats or positions. This is to ensure that the principle of equality is not completely overridden.
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The concept of 'creamy layer' excludes economically advanced sections within the OBCs from availing reservation benefits. This ensures that the benefits of reservation reach the most deserving and marginalized within the backward classes.
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States like Tamil Nadu have reservation policies exceeding 50%, which are protected under the Ninth Schedule of the Constitution. This schedule shields certain laws from judicial review, providing a degree of legal protection to these policies.
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The 103rd Constitutional Amendment Act of 2019 introduced a 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions. This is for those who are not covered under any existing reservation schemes and meet certain economic criteria.
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The criteria for determining backwardness vary across states and are often based on social, educational, and economic indicators. This allows states to tailor their reservation policies to the specific needs and circumstances of their populations.
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The implementation of reservation policies is subject to judicial review, and the courts can strike down policies that violate the Constitution or exceed the permissible limits. This ensures that reservation policies are implemented in a fair and just manner.
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The debate around caste-based reservations often revolves around issues of meritocracy, efficiency, and social cohesion. Critics argue that reservations can lead to reverse discrimination and compromise merit, while supporters argue that they are necessary to address historical injustices and promote social equality.
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In the context of promotions in government jobs, the Supreme Court has provided guidelines to ensure that reservation policies do not unduly affect the efficiency of administration. This involves balancing the need for representation with the need for competent administration.
Visual Insights
Evolution of Caste-Based Reservations in India
Key milestones in the history and evolution of caste-based reservations in India.
Caste-based reservations have evolved significantly since independence to address historical injustices and promote social equality.
- 1950Constitution adopted, enabling special provisions for backward classes (Articles 15(4) and 16(4)).
- 1955First Backward Classes Commission (Kalelkar Commission) submits report.
- 1980Mandal Commission recommends 27% reservation for OBCs.
- 1990Government implements 27% reservation for OBCs.
- 1992Indra Sawhney case: Supreme Court upholds OBC reservation but caps total at 50%.
- 2006Central Educational Institutions (Reservation in Admission) Act.
- 2019103rd Constitutional Amendment Act introduces 10% EWS reservation.
- 2023Supreme Court upholds validity of 103rd Constitutional Amendment Act.
- 2023Bihar government releases findings of its caste survey.
- 2024Supreme Court upholds OBC reservation in local body elections in Maharashtra.
- 2025Parliament grants states power to identify socially and educationally backward classes.
- 2026Concerns raised about state government actions potentially undermining reservation policies.
Recent Developments
5 developmentsIn 2023, the Supreme Court upheld the validity of the 103rd Constitutional Amendment Act, which provides for 10% reservation for Economically Weaker Sections (EWS), stating that it does not violate the basic structure of the Constitution.
Several states have conducted caste surveys in recent years, including Bihar in 2023, to gather data on the socio-economic conditions of various castes and inform policy decisions related to reservations and welfare programs.
The issue of sub-categorization within OBCs to ensure more equitable distribution of reservation benefits has been under consideration by various commissions and committees, with some states already implementing such sub-categorization.
The debate on extending reservations to the private sector continues to be a contentious issue, with arguments for and against such a move based on principles of equality, efficiency, and economic growth.
Challenges to state laws exceeding the 50% reservation ceiling, particularly in states like Maharashtra and Tamil Nadu, are pending before the Supreme Court, raising questions about the limits of state autonomy in implementing reservation policies.
This Concept in News
1 topicsFrequently Asked Questions
121. What's the most common MCQ trap regarding the 50% reservation ceiling?
The most common trap is assuming the 50% ceiling is absolute and unchangeable. While the Indra Sawhney case (1992) established this limit, states like Tamil Nadu exceed it, protected under the Ninth Schedule. Examiners often test whether you know this exception.
Exam Tip
Remember 'Tamil Nadu + Ninth Schedule' as the exception to the 50% rule.
2. Why do students often confuse Article 15(4) and Article 16(4), and what is the correct distinction?
Students confuse them because both relate to reservations. Article 15(4) allows special provisions for socially and educationally backward classes in educational institutions. Article 16(4) focuses specifically on reservations in government jobs. The key difference is the sector: education vs. employment.
Exam Tip
Think of '15 for schools' and '16 for jobs' to remember the distinction.
3. What is the 'creamy layer' concept, and why is it important for Caste-based reservations?
The 'creamy layer' excludes economically advanced sections within OBCs from reservation benefits. It's important because it ensures that reservation benefits reach the most deserving and marginalized within backward classes, preventing the policy from disproportionately benefiting the already privileged.
Exam Tip
Remember that 'creamy layer' applies ONLY to OBC reservations, not SC/ST.
4. Why does Caste-based reservations exist — what problem does it solve that no other mechanism could?
Caste-based reservations address historical social injustice and discrimination deeply rooted in the caste system. While economic policies can alleviate poverty, they don't necessarily address the social stigma and exclusion faced by certain castes. Reservations aim to provide representation and opportunities specifically to those historically marginalized due to their caste.
5. What does Caste-based reservations NOT cover — what are its gaps and critics?
Caste-based reservations primarily focus on government jobs and educational institutions. It doesn't extend to the private sector (though there are ongoing debates), and it doesn't fully address issues like social discrimination outside these areas. Critics argue it can perpetuate caste identity and may not always benefit the most deserving within a caste.
6. How does Caste-based reservations work IN PRACTICE — give a real example of it being invoked/applied
For example, when recruiting for civil services, the UPSC allocates a certain percentage of seats to candidates belonging to SC, ST, and OBC categories based on the reservation percentages defined by the government. Candidates who clear the exam and meet the cut-off for their respective categories are then appointed to various government posts.
7. What happened when Caste-based reservations was last controversially applied or challenged?
The 103rd Constitutional Amendment Act, providing 10% reservation for EWS, was challenged in the Supreme Court. In 2023, the Supreme Court upheld its validity, stating that it doesn't violate the basic structure of the Constitution. This decision was controversial, with some arguing it further dilutes the principle of equality.
8. If Caste-based reservations didn't exist, what would change for ordinary citizens?
Without reservations, representation of SCs, STs, and OBCs in government jobs and educational institutions would likely decrease significantly. This could lead to reduced social mobility for these communities and potentially exacerbate existing inequalities. It could also impact the diversity of perspectives in decision-making roles.
9. What is the strongest argument critics make against Caste-based reservations, and how would you respond?
The strongest argument is that it perpetuates caste identity and can lead to reverse discrimination, harming meritorious candidates from other communities. A response could be that while these concerns are valid, reservations are a necessary tool to address historical injustices and promote social equality, but the system needs continuous review and refinement to minimize negative consequences and ensure the truly deserving benefit.
10. How should India reform or strengthen Caste-based reservations going forward?
answerPoints: * Focus on sub-categorization within OBCs to ensure more equitable distribution of benefits. * Regularly review and update the criteria for determining backwardness based on current socio-economic indicators. * Invest in quality education and skill development programs for marginalized communities to enhance their competitiveness. * Promote awareness and sensitization programs to reduce social stigma and discrimination.
11. What specific data points from a caste survey would be most relevant for UPSC aspirants to know, and why?
Knowing the percentage of each caste group in the population, their representation in government jobs and educational institutions, and their socio-economic indicators (like literacy rate, income level) are crucial. This data helps understand the extent of inequality and the effectiveness of reservation policies. For example, if a caste constitutes 20% of the population but has only 5% representation in government jobs, it highlights the need for targeted interventions.
12. How does India's Caste-based reservations compare favorably/unfavorably with similar mechanisms in other democracies?
Unlike many democracies that use economic criteria for affirmative action, India's system is primarily based on caste, a historically unique form of social stratification. This allows for targeted redressal of historical injustices but can also lead to social divisions not seen in other countries. Some countries have regional quotas, but few have such a comprehensive system based on inherited social status.