India’s reservation policy is an issue today that almost every Indian ponders over, criticizes, appreciates or suffers from at some stage of time. Over the decades, the premise of Indian reservation policy has changed. The Reservation policy which was meant to be temporary has turned permanent feature of our society. The way successive governments have cemented the reservation policy, and increase quotas to gain vote bank has led to the feeling of resentment among majority as they feel discrimination in recent times. Moreover, the way well-off communities such as Patidar, Jats, Marathas n others asking for reservation show that there is something really wrong with our policy. Strange but true that India is the only country in the world where one fights to be recognized as backward. It is a strange paradox despite our reservation policy to uplift backward classes, there is no reduction in the list of backward classes.
This is undeniable that reservation was necessary to create an equal playing field. With this intent, the Constitution contemplated reservation for a limited period for the advancement of socially and educationally backward classes of citizens. As these communities don’t have equal opportunity to compete with well-off communities. But the big question before us today is about the efficiency and sustainability of our reservation policy which is exclusively based on caste? The policy is doing more harm than good to the national interest and unity of this country. It is also a matter of deep regret that with time there is increasing demand from different communities to be notified as a backward class. There is politics going on over the caste-based reservation. It seems that it is politically more rewarding to all parties to promise reservation to the largest possible number of castes. In recent, we have an example of state government like Rajasthan who has tried to increase more quota more than 50 per to satisfy a particular community. It is only because of the Hon’ble Supreme Court they are not able to increase above 50%.
Undoubtedly Reservation policy [1] had brought opportunities to the people of backward classes but limited impact on social mobility. Reservation policy is not able to change the mindset of the people toward the backward classes. They are still seen as they were seen before. If a change has brought to the mindset of the people it is through good education, not the reservation policy. We need understand and accept this view that reservation is necessary but it cannot be a panacea for all like social backwardness, inequality, poverty, and economic inequality. Reservation is both sensitive and debatable topic in our country. The time has come when we need to sit and analyze whether affirmative action is really helping the intended people and society at large? Whether caste-based reservation policy is cementing casteism? If we don’t talk and think about it now even a greater danger looms ahead. In my personal opinion, the politics over reservation policy has developed a perception among the majority that reservation for a few is denying opportunities for bigger cohorts is fueling resentment against the beneficiaries of the system and widens the gaps between the communities. The reservation which is a democratic tool to end discrimination has led to the feeling of reserve discrimination. The way well-off communities are making political pressure for reservation in jobs and educational institution raises the question about the efficacy of reservation? Moreover, it seems that government decisions made without any kind of statistical data to identify the backwardness or inadequate representation in the service under the central or state governments. The Supreme Court in various judgments has repeatedly called upon the states to periodically review the extent of backward classes but these suggestions never the saw the light. In today’s time, caste can’t be the true indicator of poverty and backwardness. There needs to be an economic-based reservation system in which criteria for reservation should be their financial capability. Even our former Prime Minister Jawaharlal Nehru pointed out the dangers of reservation based exclusively based on caste without reference to economic consideration. In a salutary recommendation by Pandit Nehru to all chief ministers sent on 27th June 1961, one of the points among what he observed is that: “The only way to help a backward group is to give opportunities of good education. But if we go reservations on communal and caste basis, we swamp the bright and able people and remain second-rate or third-rate”. [2]
The author personally supports the reservation but I strongly stand up for the argument that this policy needs continuous revision, rectification and writing in order to make it more effective. The need of the hour is to determine the backward classes and then restrict the benefit to those classes that were not adequately represented in public employment. The affirmative action will triumph if it disappears with time than keeping up. The current policy focuses more on economic mobility through quota in education and jobs but the social mobility of these communities requires deep social reform for which education can be a useful tool.
Author: - Krishna Sharma, Law Center- II, Faculty of Law, University of Delhi
Contact: - kskrish630@gmail.com
[1] Dinesh Narayanan, Is Original objective of caste-based reservation lost in muddied waters of entitlement politics, The Economic Times (Oct. 20, 2015), https://economictimes.indiatimes.com/news/politics-and-nation/is-original-objective-of-caste-based-reservation-lost-in-muddied-waters-of-entitlement-politics/articleshow/49460477.cms
[2] Soli Sorabjee, Nani Palkivala - The Courtroom Genius (Arvind Datar, LexisNexis 6th Edition, 2016)
