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ANALYSIS OF RESERVATION TO SCHEDULED CASTES AND TRIBE
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ANALYSIS OF RESERVATION TO
SCHEDULED CASTES AND TRIBE
AUTHORED BY - MEHUL DHARMENDRA SHAH
P.E.SOCIETY’S
Modern Law College
Ganeshkhind University Circle, Pune
Abstract :
The Scheduled Castes in
India and recognizes the factors that are causing dismal performance of the
Scheduled Castes despite reservation policies. The paper first discusses the
condition of Scheduled Castes based on the parameters of social, economic, education,
and political representation. It then provides a brief overview of the current
reservation percentages allocated to Scheduled Castes in various sectors.
Moreover, the paper explores the causes for the dismal performance of Scheduled
Castes despite the existence of reservation policies. In order to improve the
condition of Scheduled Castes, the paper proposes a multifaceted approach,
including the consideration of socio-economic criteria for recognizing castes
in the list of Scheduled Castes, dis reservation of affluent Scheduled Caste
families, preferential appointment of Scheduled Castes in administrative
positions within Scheduled Areas, and reforms within the National Commission
for Scheduled Castes. The paper also emphasizes the importance of periodic
evaluations of socioeconomic conditions, talent identification, and grassroots
awareness campaigns as strategies to uplift the Scheduled Castes.
Introduction :
India's unique society is
characterized by its long history and diverse population, encompassing various
religions, ethnicities, cultures, languages, and more. This diversity brings
both challenges and opportunities. Over the centuries, India has been a melting
pot of immigrants and invaders, contributing to a rich tapestry of cultures.
During the colonial period, the British administration sought to understand the
complexities of the caste system for efficient governance, leading to regular
censuses starting in 1881. The Government of India Act of 1935 provided legal
recognition to certain castes and tribes, creating the category of 'Scheduled
Castes.' This term emerged from the inclusion of formerly considered
'untouchable' castes during the second Round Table Conference. Dr. B.R.
Ambedkar initially demanded a separate electorate for the depressed classes but
later, due to differences with Mahatma Gandhi, accepted the Poona Pact in 1932.
This pact reserved 147 legislative seats for the depressed classes, extended
representation in public services, and allocated a significant portion of
educational grants to uplift these communities.
After India gained
independence, the Constitution of India specifically addressed the welfare of
Scheduled Castes. Articles 341 and 342 of the Constitution empower the
President, in consultation with the state's Governor, to recognize certain
castes as Scheduled Castes. This recognition is based on the social,
educational, and economic backwardness experienced by these communities. Once a
caste is added to the Scheduled Castes list, its members are entitled to
reservation benefits in educational institutions, government jobs, and
legislative bodies.
Furthermore, Article 17 of
the Indian Constitution abolishes untouchability and establishes it as a
fundamental right that can be enforced in the constitution if violated. Article
46 also places a responsibility on the State to promote the educational and
economic interests of the weaker sections of society, with special emphasis on
the Scheduled Castes and Scheduled Tribes. It is also aimed at protecting them
from social injustice and all forms of exploitation.
The Constitution of India
emphasizes this by declaring India a 'secular' state. India's population is
incredibly diverse, consisting of people from various religious, cultural, and
linguistic backgrounds, including Hindus, Muslims, Christians, Parsis, Sikhs,
Buddhists, Jains, and others. These diverse cultures and traditions vary from
region to region and religion to religion.
Additionally, India's
population is divided into linguistic groups, and there are sections of society
belonging to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward
Castes (OBC) who historically needed protection from exploitation by the 'upper'
castes. Even before India gained independence, there was a recognition of the
need for laws and provisions to offer privileges and facilities to these
marginalized sections of society to promote social welfare.
However, the effectiveness
of these privileges and provisions in promoting the welfare of society is a
matter of debate and may not always meet their intended objectives in the
present context.
Reservation in India is
the outcome of various laws, guidelines, and administrative measures
implemented by different levels of government. It encompasses the allocation of
reserved or exclusive access to seats in various legislative bodies, government
job positions, and enrollment in higher education institutions. Reservation is
a form of affirmative action designed to allocate a percentage of seats to
socially and economically backward classes of citizens in Parliament, State
Legislatures, Central and State Services, as well as educational institutions.
The Constitution of India
contains provisions that support caste-based reservation as a means to address
historical inequalities and promote the welfare of disadvantaged and
marginalized sections of society.
Reservation in Services:
i.
Article 16(4) vests a discretion on the state to make
reservation of appointment or posts in favour of any ‘backward class’[1]
of citizens which, in the opinion of the state, is not adequately represented
in the public services under the state.
ii. Article 16(4A) provides
that the state can make provisions for reservation in matters of promotion with
‘consequential seniority’ of any class or classes of posts in the services of
the state in favour of the Scheduled Castes and the Scheduled Tribes which in
the opinion of the state, are not adequately represented in the services under
the state.[2]
iii. Proviso to Article 335
empowers the Government to make any provision in favour of SCs/STs for
relaxation in qualifying marks in any examination or lowering the standards of
evaluation , for reservation in matters of promotion to any class or classes of
services or posts in connection with the affairs of the Union or the State.[3]
Reservation in Education:
i.
In India, most of the scholarships or student aid is
available only to SCs, STs, BCs, OBCs, women, Muslims, and other minorities.
Only about 0.7% of scholarships or student aid in India is based on merit.[4]
ii. The University Grants Commission
(UGC) provides financial assistance to universities for the establishment of
Special Cells for SC/STs. The cells help universities implement the reservation
policy in student admission and staff recruitment processes for teaching and
non-teaching jobs.
Reservation
in Elections:
i.
In parliament, caste and tribe based reservations are
provided to make it more representative. Today, out of 543 seats in India's
parliament, 84 (15.47%) are reserved for SC/Dalits and 47 (8.66%)for ST/Tribes.[5]
ii. Allocation of seats for
Scheduled Castes and Tribes in the Lok Sabha are made on the basis of
proportion of Scheduled Castes and Tribes in the State concerned to that of the
total population.
iii. A similar percentage of
exclusive seats has been provided for members of designated castes and tribes
in each state legislature. Local self-governments have caste, tribe and gender
based reservation system in place. Thus, the classes of people belonging to
Scheduled Castes, Scheduled Tribes and Other backward castes enjoy reservation
in almost every field.
Socio-Economic Status :
These issues reflect
ongoing socioeconomic disparities, discrimination, and a lack of progress in
improving the living conditions and opportunities for SC communities. The UN
report indicates that the poverty rate among Scheduled Castes has been on the
rise. This suggests that economic development and poverty reduction efforts may
not have effectively reached these communities. The data shows that a
significant proportion of multidimensionally poor people in India belong to
lower tribes or castes. This indicates that poverty among SCs is not just about
income but also involves multiple dimensions, such as education, health, and
living conditions. Poverty rates among SCs are higher in rural areas compared
to urban areas. The lack of infrastructure, including job opportunities and
educational institutions, in rural regions contributes to this disparity. The
income gap between SCs in rural and urban areas is significant, which further
exacerbates socioeconomic disparities. SCs in rural areas face additional challenges
related to employment opportunities and access to education.
SCs have a
disproportionately lower share in food-related industries. This may be
attributed to discrimination, particularly in rural areas, despite the
constitutional prohibition of untouchability. The National Crime Records Bureau
(NCRB) report indicates that SCs have the lowest relative share among
self-employed workers. This could be due to limited access to resources and
opportunities. The increase in atrocities and crimes against Scheduled Castes
in 2021 is alarming. This suggests that discrimination and violence against SCs
continue to be a serious issue.
legal protections and
constitutional provisions aimed at promoting social and economic equality for
SCs, there are persistent challenges, including increasing poverty rates,
income inequality, lack of economic opportunities, and discrimination. These
issues highlight the need for continued efforts to address these disparities,
promote social inclusion, and ensure the rights and well-being of Scheduled
Castes in India.
Educational Attainment :
the educational
disparities and discrimination faced by Scheduled Castes in India are indeed
significant and have historical roots. Historically,
Scheduled Castes in India were subjected to discrimination and segregation
based on their caste status. This often denied them access to education and
other social opportunities, contributing to their disadvantaged status.Discrimination against
Scheduled Castes persists in educational institutions. This discrimination can
take various forms, such as being forced to sit separately from other students,
being denied the opportunity to share meals, and even experiencing a biased or
hostile attitude from teachers and peers. Discrimination and unequal treatment
can have severe mental health consequences for students belonging to Scheduled
Castes. It creates an environment where they may experience a lack of
self-esteem, stress, and depression. The lower literacy rates among Scheduled
Castes, particularly among women, are indicative of the ongoing challenges they
face in accessing quality education. These disparities can perpetuate a cycle
of poverty and social disadvantage. The Indian government has
introduced reservation policies in both government and private educational
institutions to provide affirmative action for Scheduled Castes. However, as
you mentioned, these policies have not fully addressed the disparities. The
underrepresentation of Scheduled Castes in higher education institutions,
including Ph.D. programs, reflects a persistent gap in access to quality education.
Tragic incidents like the suicide of a Scheduled Caste student at IIT Bombay
highlight that even in prestigious institutions, caste-based discrimination can
persist, leading to severe consequences.
Efforts to address these
issues involve a multi-faceted approach, including improved implementation of
affirmative action policies, greater social awareness and sensitivity, and a commitment
to eradicating caste-based discrimination from educational institutions. These
challenges are part of a broader societal issue in India, and addressing them
requires continued attention, policy changes, and social change efforts.
Political Representation
of Scheduled Castes :
To empower and improve the
condition of Scheduled Castes in the country, there is a need to increase their
political representation and include them in the nation. The decision-making
process will result in a boost in their self-confidence, and they can formulate
effective policies for their welfare as per their issues and problems. As per
the order issued by the Delimitation Commission in 2008, 84 seats were reserved
for Scheduled Castes in the lower house of The Parliament (Ministry of External
Affairs, n.d.). The history of reservation for Scheduled Castes in national
politics can be traced to colonial times when Dr Ambedkar wanted a separate
electorate for depressed classes, but due to differences with Gandhi, separate
electorate demand was refused by Ambedkar on some conditions, which were to
increase the percentage of reservation in council for depressed classes after
a?aining independence. The constitution of India adopted a democratic form of
government that provided reservations for Scheduled Castes. Further reservation
quotas have also been extended in state-level politics, where seats are
reserved in the state legislative assembly depending on the percentage of the
Scheduled Castes population in the state, as mentioned in Article 332 of The
Constitution of India.[6]
Constitution Provisions :
Every Constitution has philosophy of its
own. The Preamble of our Constitution proclaims the resolution
of people of India to constitute India into a Sovereign, Socialist, Secular and
Democratic Republic and to secure to all its citizens Justice, social, economic
and political Liberty of thought, expression, belief, faith and worship;
Equality of status and opportunity; and to promote among them all ; Fraternity
assuring the dignity of the individual and the unity and integrity of the
Nation. The ward 'social justice'in the Preamble implies recognition of greater
good to a larger number without deprivation of legal rights of anybody. The
concept of equality,enshrined in the Preamble has also found expression as a
fundamental right in Article14to 16, which we shall
discuss in the next section.
Right To Equality- The Article14 of the Constitution is one of the fundamental
rights of the Constitution of India. Let us now know
about this Article. Article14 of the Constitution reads: “The state shall
not deny to any person equality before the law or the equal protection of the
laws within the territory of India" What do the two phrases in this Article namely “equality before
the law”and “equal protection of law” mean? On the face of it the two phrases
may seem to be identical, but in fact, they mean different things. While
“Equality before the law” is negative concept; “equal protection of laws” is positive
one. The former declares that every one is equal before law, that no one can
claim privileges and that all classes are equally subject to the ordinary
law of the l and.
“Equal protection of Law”, on the other hand
means that among equals, the law should be equal and equally administered. That
like should be treated as like. Or in other words, persons differently
circumstanced need not be treated in the same manner. For example
„Equal protection of Law? does not mean that every
person shall be taxed equally, but that persons under the same category should
be taxed by the same standard. The guarantee of
“equal protection” thus is a guarantee of equal
treatment of persons in “equal circumstances” permitting differentiation in
different circumstances. If there were a reasonable basis for classification,
the legislature would be entitled to make different treatment. Thus, the legislature
may (i) exempt certain classes of property from taxation at all, such as
charities,libraries etc; (ii) impose different specific taxes upon different
trades and profession.
The Constitution of India
states in Article 15(4): "All citizens shall have equal opportunities of
receiving education. Nothing here in contained shall preclude the State from providing
special facilities for educationally backward sections (not
"communities") of the population.”Emphasis and parentheses
added. It also states that “The State shall promote with special care the
educational and economic interests of the weaker sections of society (in particular,
of the scheduled castes and aboriginal tribes), and shall protect them from social
''injustice'' and all forms of exploitation."The Article further states
that nothing in Article15(4) will prevent the nation from helping SCs and STs
for their betterment up to the level enjoyed by the average member of other communities.
( Laskar, Mehbubul Hassan 2011)In 1982, the Constitution specified 15%
and7.5% of vacancies in public sector andgovernment-aided educational
institutes as aquota reserved for the SC and ST candidatesrespectively for a
period of five years, after which the quota system would be reviewed.This
period was routinely extended by the succeeding governments.
Article 15(4) states that:
“Nothing in this Article shall prevent the State from making any provision for
the reservation of appointments or posts in favour of any backward class or citizens,
which, in the opinion of the State, is not adequately represented in the
services under the State.” Article 16(4 A) states that: “Nothing in this
article shall prevent the State from making any provisions for reservation in
the matter of promotion to any class or classes of posts in the services under
the State in favour of SCs and STs which in the opinion of the State are not
adequately represented under the State” (Constitutional 77th
Amendment, - Act, 1995)
Article 16 (4 B) states
that: “Nothing in this article shall prevent the State from considering any
unfilled vacancies of a year which are reserved for being filled up in that year
in accordance with any provision for reservation made under clause (4) or
clause(4A) as a separate class of vacancies to be filledup in any succeeding
year or years and such class of vacancies shall not be considered together with
the vacancies of the year in which they are being filled up for determining the
ceiling of fifty percent reservation on total number of vacancies of that year”
(Constitutional 81st Amendment, - Act, 2000).The Constitution prohibits
discrimination(Article 15) of any citizen on grounds of religion, race, caste,
etc.; untouchability (Article17); and forced labour (Article 23). It
provides for specific representation through reservation of seats for the SCs
and the STs in the Parliament (Article 330) and in the State Legislative
Assemblies (Article 332), as well as,in Government and public sector jobs, in
both the federal and state Governments (Articles16(4), 330(4) and 335).
(Sukhadeo Thorat and Chittaranjan Senapati 2006)
The Present Status:
After introducing the
provision for reservation once, it got related to vote bank politics and the
following governments and the Indian Parliament routinely extended this period,
without any free and fair revisions.Later, reservations were introduced for
other sections as well. The Supreme Court ruling that reservations cannot
exceed 50% (which
it judged would violate equal access guaranteed by
the Constitution) has put a cap on reservations. The central government of
India reserves 27% of higher education, and individual states may legislate
further reservations. Reservation in most states is at50%, but certain Indian
states like Rajasthan have proposed a 68% reservation that includes
a14% reservation for forward castes in services and education. However, there
are states laws that exceed this 50% limit and these are under litigation in
the Supreme Court. For example,the caste-based reservation fraction stands
at69% and is applicable to about 87% of the population in the state of Tamil
Nadu.
Methods to Improve the
Condition of Scheduled Castes in Country :
Currently, the recognition
of scheduled castes is mainly done on the basis of the caste instead of solely
deciding on a single basis; it should include some social and economic
criteria, and there is a need to analyse the socio-economic condition of a particular
caste and then only it should be added to the list of scheduled castes to
benefit from reservation and other welfare schemes. Dis-reservation should be
done by some scheduled castes who belong to families of public officials of a
certain rank — IAS, IPS, other Central and State civil services, present or
former MLAs, MPs, other senior politicians — certain high-income professionals
such as physicians, chartered accountants, managers above a certain rank in the
private sector, and businessmen and others above a certain income, it will help
to reduce inequality between the scheduled castes people as the really needed
scheduled castes will get benefit of reservation; it will also reduce the
competition among scheduled castes to get be?er educational and government job
facilities. In the Scheduled areas there is need to prefer, that posts of IAS,
IPS and other important positions should held by the Scheduled caste person as
he/she will be be?er able to understand the issues of the Scheduled castes
further people will also not hesitate to address their grievances and they are
comfortable because the administrator belongs to their caste category, by this
approach we will get double win first is to provide good governance in the
scheduled areas second is that we are posting the person belonging to Scheduled
castes on high position in the administration this will encourage other people
also to work hard so as to become part of administration There is a need to
reform the National Commission of Schedule Castes as the recommendations of the
commission are not binding on the government, so sometimes the government
totally ignores the commission’s report. The recommendation of the commission
should make further binding to the government. Scheduled castes are not aware
that the commission functioning there is a need to spread awareness among
scheduled castes that they can approach the National Commission of Schedule
Caste if their rights are infringed for this helpline number can be started as
we have for women in the police department, which will empower the scheduled
castes to report for any atrocities against them.[7]
Periodic evaluation of
social and economic condition of the scheduled castes should be done and it is
required that if any caste has not shown improvement in its socio economic
criteria despite of reservation and other welfare schemes then some special steps
to be taken for empowerment of that caste secondly, if any caste has been
improved in its socio economic condition and is found that the caste can
maintain its progress without reservation then these castes should be
dis-reserved so that the really needed people can get benefit of reservation
There is need to identify talent among the boys and girls belonging to
Scheduled caste category and then provide free training to them in special
talent schools in their relevant interest it will help them to compete with the
rest of the society in equal manner The use of panchayat-level officials to
spread awareness among the scheduled castes regarding the various welfare
schemes launched by the government should be given responsibility by central
and state governments to ensure the participation of the scheduled castes in
the country development process.
Conclusion :
the challenges faced by
Scheduled Castes in India and the need for a multifaceted approach to address
these challenges is accurate. Recognizing and
acknowledging the historical injustices faced by Scheduled Castes is a crucial
first step in addressing their issues. These historical injustices have
resulted in a significant socio-economic gap that needs to be bridged. The challenges faced by
Scheduled Castes include discrimination, limited access to educational
opportunities, and economic disparities. These challenges create barriers to
their social and economic progress. Reservation policies in India have been
implemented to address the inequalities and disadvantages faced by Scheduled
Castes. While these policies have made some positive impact, there is room for
improvement in their effectiveness. To make reservation policies more
effective, it's essential to focus on their efficient and equitable
implementation. This may involve addressing issues related to loopholes,
transparency, and preventing misuse. Providing economic opportunities and
financial inclusion for Scheduled Castes is essential. This could include
access to credit, entrepreneurship programs, and skill development initiatives
to enhance their economic well-being. Improving the quality of
education and ensuring that Scheduled Castes have equal access to educational
opportunities is critical. This includes addressing issues like discrimination
within educational institutions and providing support for students. Enhancing
political representation for Scheduled Castes can give them a voice in
decision-making processes and policies that affect the their lives. Periodic
evaluation of the impact of policies and programs targeted at Scheduled Castes
is necessary to ensure they are achieving their intended goals and to make
necessary adjustments. It's important to ensure that reservation benefits reach
those who need them the most. This may involve periodic reviews and considering
disreservation for those who have made significant progress. Addressing the challenges
faced by Scheduled Castes requires a comprehensive approach that combines
various strategies to empower them and bridge the socio-economic gap.
India's commitment to
addressing these challenges and empowering Scheduled Castes is essential for
harnessing the full potential of its diverse population and promoting a more
equitable and inclusive society. This ongoing effort involves a combination of
policies, social awareness, and collective action.
[1] According
to CHANDRACHUD, C.J., two tests should be conjunctively applied for identifying
backward classes: one, they should be comparable to the SCs and STs in the
matter of their backwardness; and, two, they should satisfy the test of
economic backwardness laid down bt the State Government in the context of the
prevailing economic conditions. M.p. Jain, Indian Constitutional Law, Sixth
Edition 2010, LexisNexis Butterworths Wadhwa, Nagpur (p. 1051)
[4] https://en.wikipedia.org/wiki/.Reservation_in_India#cite_note-sawhney-14
(Accessed on Sept. 20, 2016)
[5] https://en.wikipedia.org/wiki/.Reservation_in_India#cite_note-sawhney-14
(Accessed on Sept. 20, 2016)
Article Information
ANALYSIS OF RESERVATION TO SCHEDULED CASTES AND TRIBE
Authors: MEHUL DHARMENDRA SHAH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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