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CASTE-BASED RESERVATION

Posted 15 Mar 2024

5 min read

Why in the news?

The Maharashtra State legislative assembly passed the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024, to provide 10% Reservation to the Maratha Community.

 

About the Bill

  • It was drafted based on a Maharashtra State Backward Class Commission (Shukre Commission) report.
  • It identified the Maratha community as a Socially and Educationally Backward Class (SEBC).
  • The bill provides for 10% reservation to the Maratha community in recruitment for government jobs, and admissions to public as well as private educational institutions.
    • The Bill specifies that this reservation will be over and above the seats reserved for various communities under existing Acts in the state.
  • Reservation would be available only to the persons belonging to the SEBC who are not falling in the Creamy Layer.

 

Reasons for the rise in demand for reservation

  • Structural factors: Declining income from agriculture, and inability to find alternative opportunities and employment in the techno-innovation-driven new job market.
  • Challenges in the job market: Wages in the private sector, particularly at the entry-level, are much lower than in the public sector. 
    • Further, the latter provides more social security and is comparatively stable, thus the demands for reservation in public sector jobs.
  • Political Factors: Political mobilization based on caste too has fuelled demands for reservation. E.g. Patidars in Gujarat, the Kapus in Andhra Pradesh and the Jats in Haryana.
  • Relative deprivation: When a community feels other communities in their region, economically and socially in similar conditions, are getting the benefits of reservation, they also claim for the same status.
  • Intra-community variations: Despite relative dominance, there are significant intra-community variations in terms of income and educational outcomes among some communities.
    • For instance, the economic division among the Maratha farmers of Marathwada and western Maharashtra. This led to demands for Maratha reservations.

 

Impact of Caste-based reservation

  • Social Justice: Correct the historical injustice faced by the persons belonging to specific castes, and to provide them a level playing field to compete.
  • Representation: Caste-based reservation is aimed to ensure adequate representation of marginalized communities in various sectors, including government jobs.
  • Substantive equality: Equality in the Constitution is not merely formal equality but embodies substantive equality, which means striking at vast socio-economic inequalities often based on caste.

 

  • Indra Sawhney & Others v. Union of India, 1992: 9-judge Bench of the SC,
    • Set a ceiling of 50% on reservationsunder Article 16(4). 
      • For exceeding reservation beyond 50%, extraordinary circumstances should exist, for which extreme caution is to be exercised.
    • Court introduced the concept of a ‘creamy layer’ (socio-economically advanced among backward classes) who must be excluded from the benefits of reservations.
  • M. Nagaraj v. Union of India Case 2006: SC laid down three conditions that States had to meet, before providing reservations in promotions. The state had to provide,
    • Quantifiable data on the backwardness of SCs/STs.
    • Facts about their inadequate representation in public employment.
    • Justification in favour of maintaining overall administrative efficiency. 
  • Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.,2018: The SC did away with the requirement of collecting quantifiable data showing the backwardness of SCs and STs, for grant of quota for promotions in the government jobs.
  • Janhit Abhiyan v Union of India, 2022: SC upheld 103rd Constitution Amendment Act which provided for EWS reservation, based on economic criteria.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Issues with caste-based reservation

  • Social backwardness not necessarily caste based: Backwardness may include other factors too, like, residence, occupation, economic status or some other dominant feature.
  • The preferred treatment of those already benefited:  Solely applying caste criteria as the basis of reservation leads to recurring benefits to those who may already have improved their position.
  • Antithetical to casteless society: Caste-based reservation policy leads to perpetuation of the caste system.
  • Multiplication of demand for reservation: Post reservation, there is a tendency even among dominant casts to seek the “backward” tag, in the hope of enjoying the benefits of reservations. 
  • Ignores intra-caste inequalities: Significant intra-community variations in terms of income and educational outcomes, get ignored in a solely caste-based reservation.

 

Way Forward

  • Comprehensive socio-economic survey: To evaluate the implementation of reservation, and its outcomes, and to find out which group deserves reservation based on constitutional provisions.
  • Promote balanced economic growth: Caste-based reservation demand, particularly among dominant castes is often the manifestation of agrarian distress, lack of quality jobs, relative deprivation etc.
    • Thus, there is a need to address the underlying issues through rural development, job creation, balanced regional development etc.
  • Creamy layer criterion: There is a need to uphold this criterion to ensure that those genuinely deserving, enjoy the benefits of reservation.
  • Tags :
  • Indira Sawhney Case
  • Reservation
  • M. Nagaraj Case
  • Caste
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