RESERVATIONS IN EDUCATION SYSTEM IN INDIA

Reservations can be defined as a tool to uplift the weaker sections of the society and enhance their living conditions. Reservation in simple terms, can be understood as a way to secure seats for the weaker sections of the society in educational institutional, government jobs and even to legislatures. The main purpose behind implementing the reservation policy was to provide equal opportunities to the weaker sections of the society as that of others and to ensure that their interest are equally represented.

Reservations system in India.

Reservation has always remained a debatable topic in India. Reservation in the contest of education system was all about reserving a set of percentages of seats in educational institutions for weaker sections of society. In Indian society caste system was always remain dominant. The caste system divided the hindus into several rigid hierarchical groups, namely Brahmin, Kshatriya, Vaishya’s, Shudras and Dalit’s or untouchables. The main castes were further divided into about 3,000 castes and 25,000 sub-castes, each based on their specific occupation. Due to this caste system, inequality increased among people and were classified as lower and upper castes. Lower caste people were the one who suffered the most, they were not allowed to enter temples, sit in schools and educational institutions along with upper caste people, lower caste people were not allowed to marry any upper caste and their access to public places were restricted. Post-independence, attempts were made to resolve the situation as the practice was untouchability was abolished by way of Article 17 and under Article 46 state was made responsible to protect the Schedule caste and Schedule Tribe from any social injustice and exploitation. 

Originally there was no express provision in the Indian Constitution regarding reservation of seats in educational institutions. Later on Article 15(4) was inserted in the Indian Constitution, which provides for reservations in educational institutions.

Initially reservation in educational institutions was provided for

• schedule caste and schedule tribe under Article 15(4) then,
• Post 1993 reservations were made for Other Backward Class (OBC) by Article 15(5) on the basis of report of Mandal Commission. As per this report, 27% seats were reserved for other backward classes in government jobs and educational institutions.
• and for Economically weaker sections (EWS) by Article 15(6) of the Indian Constitution.

Reservation Criteria :

Schedule caste: 15% Schedule Tribe: 7.5%, OBC : 27% and to EWS : 10%.

Reasons for the reservation in India :

• Reservations were granted to uplift and improve the social position of the lower caste people.
• Provide them with equal status as that of other sections of society.
• Generates education and employment opportunities for the lower caste people.
• Abolish illiteracy.
• Abolish practices such as untouchability.

Article 15(4) was one of the most important Article in Indian Constitution.

• It provides for the reservations in educational institutions for the advancement of any backward class of citizens or for Scheduled Castes and Scheduled Tribes.
• It permits the state to reserve seats for backward class, schedule caste and schedule tribes in educational institution, including in technical, medical, engineering colleges.
• No time period was given for the validity of reservation under article 15(5).
• It was added by First Constitution Amendment Act, 1951, as a result of the decision given in the case: State of Madras vs. Champakam Dorairajan.

 In the State of Madras Vs. Champakan Dorairajan, AIR 1951 SC 226, The Madras government issued an order to provide reservations to every community in medical colleges. This order was challenged and Supreme Court held that government cannot provide reservation only on the basis of community lines and the government order was struck out.

In response of this judgement, legislature enacted Article 15(4) in the Indian Constitution.

Article 15(4) provides power to the state to make special provisions for the advancement of socially and educationally backward class or Scheduled Castes and Scheduled Tribes.

The term backward class is not defined in the constitution and every state specify who belongs to backward class.

The Supreme court and High court  interpreted the meaning of backward classes in number of cases.

• Firstly, to be categorised as backward class, the class needs to be both socially and educationally backward.
• Secondly, class cannot be categorized solely based upon caste.
• Thirdly, poverty, occupations and place of habitation and other factors should also be considered while determining the backward classes.

Defining backward class, In M.R. Balaji vs. State of Mysore, AIR 1963 SC 649, the Mysore government issued an order under 15(4) to reserve seats for admissions to the state medical and engineering colleges for backward class and more backward class in addition to seats reserved for schedule caste and schedule tribe.

Reservation was done in the following manner:

28% for backward class, 22% for more backward class, 15 % for schedule caste, 3% for schedule caste, making a total of reservation of 68% and only 32% seats were allotted for the general category.

 Seats were reserved for backward classes only based on caste and communities.

The main issue in the case was:

• Who were socially and educationally backward class?
• Can caste be taken as the dominant basis to classify backward class?
• What is the reasonable limit of reservation?

Judgement:

Supreme court struck down the order and held that:

• Firstly, to define the backward class, backwardness must be both and social and educational and not only one.
• Secondly, court highlighted that caste and class and cannot have same meaning. Backward class was defined solely based upon caste and other relevant factors like poverty, place of habitations was not recognized. India is a very diverse country it consists of people who belong to different religions and caste system cannot be taken as a sole and dominant test of determining the backward classes.
• Thirdly, in this case for the first time reservation limits was defined upto 50% and court held that reservation limit should not exceed 50%. Court held that general limit of reservation should not be more than 50% for all classes. Reservations up to 68%was held invalid.
• Fourthly, the distinction between backward and more backward class is not valid.
• Lastly, court ruled those reservations under article 15(4) should be reasonable. In the way protecting the interest of weaker section of society, the national interest and interests of community cannot be ignored.

The decision given in the case law of M.R.Balaji case was reversed in the case of Indra Sawhney vs. Union  of India, AIR 1993 SC 477.

• Firstly, in this case court held that backward class can be defined solely on the basis of caste.
• Secondly, the distinction between backward class and more backward class is valid.
• Thirdly, reservation limit should not exceed 50%.

In the case law of P. A. Inamdar & Ors. Vs. State of Maharashtra & Ors (2005) 6  SCC 537. The Supreme court held that non-minority unaided private educational institution does not come under the purview of the reservation policy of the state and they can make admission according to their choice.

In response of judgement given in  P. A. Inamdar case and  to nullify the effect of the decision given in that case, clause 5 was added in Article 15 by The Constitution (Ninety Third) Amendment Act,2005.

Article 15(5) states that state can make special provisions for the advancement of socially and educationally backward class, schedule caste and schedule tribe. It provides the state the power to make reservations for admission to private educational institutions whether it’s aided by state or  unaided.

Recent Development in Reservations in Education System.

The Constitution (One Hundred and Third) Amendment Act, 2019.

Before 2019, reservations were provided on the basis of socially and educational backwardness but after the Constitution (One Hundred and third) Amendment Act, 2019 importance was given to economic backwardness also.

Clause 6 in Article 15 was added in the Indian Constitution.

• Article 15(6) empowers to state to make special provisions for the advancement of any economically weaker sections of the society.
• It allows for making reservations in higher educational institutions including in private educational institutions, irrespective of the fact that it’s aided or unaided by the state, except the minority educational institutions covered under Article 30.
• In addition to existing reservation system, Article 15(5) provides 10% reservation in government jobs and educational institutions to economically weaker sections (EWS) among general category.

This amendment brought total shares of reservation to almost 60%.

Conclusion

Reservation can be used as a very effective tool to protect poor people form social injustice and help them in overall development. But, in way of protecting the weaker sections of the society, the interests of the community as a whole should not be ignored. Till now, reservation in India has already reached to 60% and only 40% is provided to general category. Reservation should be in limited proportion and not only be based on caste as there is greater probability that it will create a caste-based society permanently.