INTRODUCTION:
Since ancient times India has been largely based on the ‘Caste System’ or we can say the ‘Varna System’. Its practice is responsible for the existence of the ‘Reservation Policy in India’. As people back then and today too refused to accept the ‘Weaker Section’ and manages to treat them unfairly. The ‘Reservation’ was recognized in earlier times in form of separate electorates. It was further directed by Simon Commission for ‘Reservation of Depressed Classes’.
WHAT IS A RESERVATION?
Reservation is an act of withholding certain seats in employment and educational sectors for weaker sections of society. ‘Weaker Sections’ include all those people who do not come at par with other members of society in various opportunities. So, Union Government introduced it with the intent of making this society equal for everyone. Over the period of time, we have witnessed many instances where ‘Weaker Sections’ are discriminated. It could be in the form of not allowing people access to temples, parks, or any other public places for that matter. Therefore, the need was felt for introducing ‘Reservation in India’ for weaker sections following the principle of ‘Positive Discrimination’.
CONSTITUTIONAL PROVISIONS:
Article 14 provides that the state must ensure equality before the law and equal protection of the law within its territory. ‘Equality Before Law’ means every person despite his caste, color, gender, race, caste, or place of residence must be treated equally. ‘Equal Protection of Law’ meaning equals shall be treated equally resultantly, allowing ‘Positive Discrimination’. The idea behind introducing ‘Positive Discrimination’ was that the constitution makers want to make it up to the ‘Weaker Sections’. They suffered the most injustice in the form of ‘Untouchability’ considered as impure and excluded from the social hierarchy. As of now the practice of untouchability stands abolished under Article 17 of the Indian Constitution.
Article 15 (3) provides that State Government has the power to make special provisions for women and children if deemed fit. Making any such provision under this article shall not be considered violative of Article 14. Article 15 (4) states that State Government may make provisions for Socially Educationally Backward Class (SEBC), SC, and ST. Article 15 (5) provides for State Government to make provisions for the advancement of reservation of SEBC in Private Institutes. The clause was upheld to be non-violative of Article 14, 19 (1) (g), 21.
Article 15 (6) provides the state to make any provision for the ‘Economic Weaker Section’ (EWS) other than those mentioned above. The people who belong to EWS may be notified by State Government depending upon family income.
Article 16 (3) allows the State Government to reserve certain posts for its residents only. Article 16 (4) provides that State Government can make provisions for any community. Provided that State Government believes the such community is not represented adequately under State Services. In Indra Sawhney v. Union of India reservation in promotion does not come within the ambit of Article 16 (4). However, by 77th Amendment the reservation in promotion was allowed in Public Employment under Article 16 (4A). The amendment was allowed but it must be subjected to certain limitations. Article 16 (6) provides that State Government shall introduce any provision for the appointment of EWS in the public sector.
OTHER PROVISIONS:
Article 39A provides State Government shall ensure the promotion of justice by the legal system that exists in our country. It may provide provision for legal aid by suitable legislation or schemes in particular. Article 45 provides for free and compulsory education to children of all age groups from 6 to 14 years. Despite their caste, color, race, gender, and place of residence. Article 46 provides that State Government may make provisions for the betterment of EWS. Article 330 to 342 provides for reservation and representation of SC and ST in Lok Sabha i.e., House of People.
BENEFICIAL OR NOT?
With all these provisions the reservation still manages to create differences as the reservation is itself based on caste. The Supreme Court may have upheld its validity but you never know what one community may think of other. The thinking would be changed with the change in people who enjoys reservation and those who don’t supporters of reservation. If the reservation system is merely based on the socially and educationally backward class it would serve the purpose.
People are seeing Reservation as a medium to achieve opportunities in the education and employment sector without doing much hard work. ‘Hard Work bears the tastiest fruit’, people tend to forget that. The demand for ‘Patels’ in Gujrat and ‘Brahmans’ in Tamil Nadu manages to show people opt for backwardness. Being backward has kind of become a license to receive various benefits in education, and employment among others. People are ready to be back even if the growth of the country stagnates.
CONCLUSION:
The need for reservation varies from the improvement in the status of one community to another community. The reservation policy at times acts as a savior for those who may fail to achieve their goals with lesser efforts. While others just misuse it as a means of getting opportunities that must be deserved by someone who worked hard. It has become more like a ‘vote bank politics for candidates who contest elections. It has become two-way as one, the public wants to keep enjoying reservation two, politicians think reservation means votes. The people need to learn about the harm it is causing to ‘Weaker Sections’ and those belonging to the ‘General Category’. Before, renewing the reservation government really needs to assess the situation of communities regarding whether do community still needs reservations or not. India needs to balance reservation policy with the interest of the general public not merely as a medium to win elections.
