ALTIOR

Model UN

AIPPM DELEGATE
KIT

15-16 January 2022

 Letter from the Secretariat
Greetings Delegate,

The Secretariat welcomes you to the fourth

online chapter of the Altior Model United
Nations. We are extremely honored to host you
in the committee and are thankful that you
have taken time out of your schedules and
participated in the conference. We hope you
have a good time in the conference and benefit
out of it. This Delegate kit consists of the
Background Guide given by the Executive Board
and the Rules of Procedure which will be
followed in the committee.
Note: The ROPs may be subject to change
according to the Executive Board.

Looking forward to hosting you in the

conference.

All the best!

Regards
Team Altior
ALTIOR
Model UN

AIPPM
Background
Guide
 LETTER FROM THE EXECUTIVE BOARD

Greetings Members!

It gives us immense pleasure to welcome you to this simulation of AIPPM at ALTIOR MUN 4.0.
We look forward to an enriching and rewarding experience.

This study guide is by no means the end of research, we would very much appreciate it if the
leaders are able to find new realms in the agenda and bring it forth in the committee. Such research
combined with good argumentation and a solid representation of facts is what makes much as
possible, as fluency, diction or oratory skills have very little importance as opposed to the content
you deliver. So just research and speak and you are bound to make a lot of sense. We are certain
that we will be learning from you immensely and we also hope that you all will have an equally
enriching experience. In case of any queries feel free to contact us. We will try our best to answer
the questions to the best of our abilities.

We look forward to an exciting and interesting committee, which should certainly be helped by
the all-pervasive nature of the issue. Hopefully we, as members of the Executive Board, do also
have a chance to gain from being a part of this committee. Please do not hesitate to contact us
regarding any doubts that you may have.

All the Best!

Raunak Upmanyu

(Moderator)
Valid Sources

1. Government Reports (Each ministry publishes its own reports including

External Affairs Ministry)
2. PTI, PIB
3. Government Websites
4. Government run News channels i.e., RSTV, LSTV, DD News
5. Standing Committee Reports/ Commission Reports
6. RTI Proofs
7. Parliamentary Standing Committee reports
8. Questions and Answers of the parliament
9. SUPREME COURT AND HIGH COURT JUDGEMENTS
10. ANY STATUTORY LAW OF INDIA
11.CONSTITUTION OF INDIA
 Reservation System in India

Reservation in Indian law is a form of affirmative action whereby a percentage of seats are reserved
in the public sector units, union and state civil services, union and state government departments
and in all public and private educational institutions, except in the religious/ linguistic minority
educational institutions, for the socially and educationally backward communities and the
Scheduled Castes and Tribes who are inadequately represented in these services and institutions.

The reservation policy is also extended for the Scheduled Castes and Scheduled Tribes for
representation in the Parliament of India.

Reservation in India & its Constitutional Provisions

The exact necessities for the reservation in services in favor of the members of the SC/STs have
been made in the Constitution of India. They are as follows:
• Article 15(4) and 16(4) of the Constitution enabled both the state and Central Governments to
reserve seats in public services for the members of the SC and ST, thereby, enshrining impartiality
of opportunity in matters of civic service.
• Article 16(4 A): it makes provisions for reservation in the matter of promotion to any class or
classes of posts in the services under the State in favor of SCs and STs (Constitutional 77th
Amendment, – Act, 1995).
• Article 16 (4 B): It enables the state to fill the unfilled vacancies of a year which are reserved
for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on
total number of vacancies of that year (Constitutional 81st Amendment, – Act, 2000).
• Article 330 and 332: 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
(Articles 16(4), 330(4) and 335).

Rationale Behind giving reservation

• The underlying theory for the provision of reservation by the state is the under-representation
of the identifiable groups as a legacy of the Indian caste system. After India gained independence,
the Constitution of India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled
Tribes (ST).

• The framers of the Constitution believed that, due to the caste system, SCs and the STs were
historically oppressed and denied respect and equal opportunity in Indian society and were thus
under-represented in nation-building activities.
Present Status of reservation policy in India and facts about
reservation system in India
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 for Other Backward Castes, and individual states may
legislate further reservations.
• Reservation in most states is at 50%, but certain Indian states like Rajasthan have proposed a
68% reservation that includes a 14% 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 at 69% and is applicable
to about 87% of the population in the state of Tamil Nadu.

A way Forward

• De-reservation Policy: While caste may continue to be the mainstay of reservation policies, the
benefits should flow to the vast majority of underprivileged children from deprived castes; not to
a few privileged children with a caste tag. Families of public officials of a certain rank certain
high-income professionals and others above a certain income should be de-reserved. In other
words, once they have received a significant advantage of reservations, they should be able to
ensure opportunities for their children and vacate the space for the truly disadvantaged children in
their own caste groups.
• Affirmative steps: We have to address the anger and aspirations of poor families among
unreserved communities. With the Supreme Court ruling of 50 per cent ceiling on reservation
quotas, no further reservation is possible. But intelligent, creative, fair and practical ways of giving
the poorer children among OBCs a helping hand are possible and necessary. For instance, parental
education and the school the child attended, are two sure indicators of poverty and the
backwardness of a family. If parents have not had education beyond school, and if the child goes
to a government school or a low-end, ramshackle private school, it is a sure sign of a lack of
adequate opportunity.

• Make education mandatory and free for all till age of 17

• Instead of introducing reservations for these backward classes what is required is to bring
about revolutionary changes in our education system at the grass-root level. When proper
education is not provided to children belonging to such categories during the primary stage itself
then on what basis are the reservations provided at a subsequent stage.
• Reservations on the basis of caste and not on the basis of other conditions are unacceptable.
Fair and just reservations to uplift the people with poor conditions of life, those who don’t have
meals to eat, clothes to wear and no home to live in. They shall be made on the basis of factors
such as gender as women are more disadvantaged than men since primitive times, domicile, family
education, family employment, family property, family income and if any disabilities and traumas.
The process of reservation should be such that it filters the truly economically deprived individuals
and bring them all to justice

Our Constitution ensures equity and fairness of chance to everyone and so it turns into an
obligation of state to make a move to accomplish this goal. Constitution also recognizes that equal
opportunity means competition between equals and not unequal’s. The constitution creators
perceived the disparity in our social framework and contended that the weaker area (the individuals
who are unequal's) have to be dealt with on a preferential footing by the state. So different article
of constitution forces this obligation and offers capacity to the state to make law for the assurance
and advancement of the weaker and backward sections of the society.

“Reservation system” in India are the governmental policies regarding minorities in society or
“positive segregation”, it alludes to an approach or program, or giving certain priorities to specific
groups (underprivileged groups) over the others. The approach of reservations is being utilized as
a system to conquer segregation and go about as a compensatory work out. A substantial segment
of the general public was truly denied right to property, training, business and social equality as a
result of the act of untouchability. With the end goal to make up for the verifiable disavowal and
have shields against discrimination, we have the reservation system.
It is an affirmative action because it reduces the gap between upper caste and lower castes. In
India, the caste system and the arrangements of reservation strategy go as an inseparable unit.
Indian social framework is a caste based hierarchical framework. The lower position individuals
were constantly abused by the general population from high castes and they needed to endure the
negative marks of financial underdevelopment. The goal of reservation is to inspire the weaker
segments of society, that is those individuals who are being separated by the higher class and they
are discriminated on the basis of social and financial grounds. The constitution not just discusses
elimination of discrimination against any native, yet it likewise offers capacity to the law-making
body to make laws that can give special treatment to weaker segments of the general public in a
method for reservation in legislature, employment and educational institutions.

The Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) are the
principle recipients of the reservation arrangements under the Constitution, the goal of which is to
guarantee a level playing field. It has improved the condition of backward classes to greater extent.

Impact of Reservation policy in reducing caste inequality

Various cases of violence have been reported against Dalits in recent years. They are subject to
exploitation since earlier times. A famous incident was of Phoolan Devi’s exploitation by the upper
caste people. Phoolan Devi was born in a small town of Uttar Pradesh where girls were like burden.
Like every low caste girl who are to work for the upper caste families, she was married at an age
of eleven years to a heartless man in his thirties in return for a bovine. In the wake of being
assaulted by her husband for many years, she some way or another figured out how to escape from
her spouse and joined a gang of bandits. Later, after a battle she was assaulted by upper caste
bandits. She was secured up in Behmai, a village of Thakurs. For about fourteen days, a gathering
of Thakur assaulted Phoolan, on numerous occasions until the point that she lost her consciousness.
Later she herself became the gang leader and took the revenge. This shows her story of courage
by not getting suppressed by upper caste people. Another case like this was reported on February
29, 2016.Raju Bairwa, a schedule caste was called to help in marriage arrangements at his village
in Rajasthan. His spouse discovered him by the riverside extremely injured. The culprits had
placed sand in his mouth, so he wouldn't have the capacity to scream. Later he died. The family
had been hassled and debilitated for a long time over a land dispute in spite of the fact that they
legally possessed the land which was in question with upper caste villagers.
So, the crime against Dalits have not yet stopped but reservation system has contributed to a large
extent in reducing caste inequality and changing the mentality of the society. Reservation is
considered a Positive discrimination. As in the olden days, lower castes were badly harassed and
discriminated. To uplift the lower castes and give them equal opportunities reservations are must.
When there are two parties which are not equal then it is not fair to treat them equally. The existing
situation of inequality has to be removed first. How to do it? The most disadvantaged among the
two has to be provided with a positively discriminated treatment so that they can make use of the
opportunity to become equals. Hence, Reservations in case of Sc/St are inevitable for a rapidly
developing nation like ours. Reservations reflect the principle of "EQUALITY" enshrined in the
Constitution. People do rise from worst circumstances in life to reach respectable position due to
reservations. Not all people who take reservations lack merit/talent, but they didn't have resources
to work hard. When they were studying in candlelight nobody came with a bulb. Reservation
compensate them for inequality in their resources to achieve their aim. It gives voice to the
oppressed classes and show them a path to progress. Thus, it helps in removing the inequality
among different castes by bringing them at same level with other upper castes. So, Seats are
reserved in Lok Sabha for SC&ST so that they get a chance of decision making and present their
views and ideas on different aspects of society. Because they had been deprived of these right for
centuries.
Poor people cannot afford to send their children to school because the opportunity cost of sending
the children to school is very high as they make valuable contributions to the household economy.
These children since their birth have seen financial problems in their families and they also want
to provide a good standard of living to their family. They can’t even afford coaching’s or give fees
of big institutions. So, the reservation policy has given a hope to such category to pursue good
education by getting seats reserved for them at various job and college entrances thereby they can
improve the economic status of their families. It has been effective also as there are many citizens
who are Dalits or Obc’s and are excelling in various fields like Kalpana Saroj, IIaiyaraja.
This policy is framed for the betterment of backward classes, but no one can ignore its
disadvantage because it defeats meritocracy that is accessibility of options to the most capable and
deserving candidate. So, reservation system is an affirmative action but only to the extent, it is not
exploited.
But with the passage of time, we have deviated from our initial goal of introducing the reservation
policy.

# Division of the society-It leads to the division of the society into various castes. Today we stand
partitioned generally into Hindu, Muslim, SC, ST and OBCs with more current reservations
coming up for other distinctive sections. We are a secular nation and uniformity is must for
secularism to endure. Partitioning the populace based on castes and religions has never given any
benefit to the country.

# Caste based not economic based-Reservation on an economic basis is a much more pragmatic
outlook in a nation like India as it was introduced with the motive of uplifting the weaker sections
of the society. In light of the fact that if there should be an occurrence of economic based
reservation framework, all individuals who are poor will get reservation regardless of their castes
as neediness does not choose individuals based on their caste and henceforth if country's needs to
bring correspondence between citizens then it ought to select economic based reservation as
opposed to caste-based reservation. In the case of Balaji v. State of Mysore, it was held that ‘caste
of a person cannot be the sole criteria for ascertaining whether a particular caste is backward or
not. Determinants such as poverty, occupation, place of habitation may all be relevant factors to
be taken into consideration. The court further held that it does not mean that if once a caste is
considered to be backward it will continue to be backward for all other times. The government
should review the test and if a class reaches the state of progress where reservation is not necessary
it should delete that class from the list of backward classes.
# Discourages the other category people-The biggest disadvantage of reservation system is that it
gives reservation to people in competitive exams or government job entrances on the basis of caste
and not on merit. This disheartens the people from general category as they could not get the seats
in their dream colleges or Jobs in spite of hard work. What hurts them more is that a person from
reserved category securing less marks gets the seat in same college. When poor people from
general category who worked really hard for a Job entrance cannot clear a paper in spite of getting
good marks, they become depressed or sometimes they even commit suicide. For instance, Tina
Dabi who belonged to a middle-class SC family topped UPSC's civil services examination in 2015.
Her mother Himani Dabi is an engineer while her father, Jaswanth Dabi is working with the
Department of Telecom, also as an engineer. No doubt that she has inspired a million of civil
services aspirant but regardless that we respect her and yet we feel frustrated about the general
population like Ankit Srivastav who scored 230.76 in Civil Services (Preliminary Examination)
and still they were not ready to show up in mains examination. A basic inquiry which emerges is
if Tina Dabi can top in the wake of getting 195.29 in pre-then for what reason Ankit Srivastav can't
top after getting 230.76. So, reservation policy sometimes benefits those who don’t even need it
and at same time it takes the opportunities from people belonging to general category.
# Used for benefits- Individuals don't wish to work and take advantages of their caste hard because
they know that they will get a job anyway. This is degrading the quality of workforce and
hampering the growth of India. People likewise get phony certificates to take the advantage of
reservation. Indeed, even lawmakers utilize it as a powerful instrument to win more votes. They
divide the general public to their benefit into vote banks. Due to reservation, government officials
get opportunity to play with feelings of individuals by utilizing it as tool for winning elections and
not utilizing it for the advancement of the general population of the nation.

Reservation policy was initiated for the upliftment of lower caste people and so it is a positive
discrimination. It has been effective to a great extent but with the passage of time, this policy has
been exploited by the politicians, creamy layer among lower caste people. So, this policy to be an
affirmative action needs to be reviewed. By giving reservations, the members of the constituent
assembly wanted to bring changes in the way lower caste people are treated in the society so that
they can avail equal opportunities like upper caste people. So, it was adopted as an affirmative
action. But now, the scenario has changed, and amendment are needed in this policy for the
betterment of the society as a whole.

Discrimination on the basis of residence Article 16(3) says that only the parliament can make any
law prescribing employment or appointment for a government job on the basis of residence. This
means that if parliament finds it suitable, it can discriminate on the ground of residence. Here, you
should note that parliament is empowered to make a recruitment within a state or union territory
in which person may get preference. But at the same time, the State Governments are NOT allowed
to make such a recruitment in which residence of a person gets preference in state government
jobs. For example, in October 2011, the Bengal Police had given a recruitment notification in
which provides for jobs for not only specific districts but even particular areas. This was against
the article 16(3) of the constitution. In Kailash Chandra Sharma versus the State of Rajasthan and
others the Supreme Court observed that residence within a district or rural areas of that district
should not be a valid basis for classification for the purpose of public employment. Residence be
it within a state, region, district, or lesser area within a district cannot be a ground to accord
preferential treatment or reservation, as provided under Article 16(3).
Reservation in appointments then, in Article 16(4) the State is empowered to make any provisions
for the reservation of appointments or posts in favor of any backward class of citizens which, in
the opinion of the State, is not adequately represented in the services under the State. Via various
amendments, the article 16 has been further tweaked and it is now a law that: State can make any
provision for reservation in matters of promotion Filling backlog vacancies via reservation. The
above two have been enabled by the constitution only on satisfying two conditions.

One of them is that State should have an opinion that that particular class is backward.
Second is that the State is of the opinion that the said class is NOT adequately represented in the
Government job. The Government had always an opinion that the SCs and STs have not been
adequately represented in the Government Jobs so used these provisions to enable reservations in
the Government Jobs.

Can reservation be at the cost of efficiency? Please note that Article 335</strong> of the
constitution says that the claims of STs and STs shall be taken into consideration constituently
with the maintenance of efficacy of the administration. This means that in the light of Article 335,
the constitution forbade the Government to make unreasonable reservation at the cost of efficiency
in the administration.
Reservation for OBC: Mandal Commission On 20 December 1978 India’s prime minister,
Morarji Desai of the Janata Party, announced the formation of a second Backward Classes
Commission whose chairman was B. P. Mandal, a former member of Parliament. The commissions
assignments were to determine criteria for defining India’s socially and educationally backward
classes to recommend steps to be taken for the advancement of those classes to examine the
desirability of reserving state- and central-government jobs for those classes and to present a report
to the president of India.

On 31 December 1980 the Mandal Commission submitted its report to President N. S. Reddy,
recommending ways to advance India socially and educationally backward classes. The Mandal
Commission concluded that India’s population consisted of approximately 16 percent non-
Hindus, 17.5 percent Brahmans and forward castes, 44 percent other backward classes and 22.5
percent scheduled castes and tribes. However, since the 16 percent non-Hindus presumably
included approximately the same proportion of other backward classes as did the Hindus (i.e.,
another 8%), the total proportion of other backward classes (Hindu and non-Hindu) came to 52
percent (44% + 8%) of India population, therefore 27% government jobs should be reserved for
them.
The Mandal Commission developed eleven indicators of social, educational, and economic
backwardness. One indicator was being considered backward by other castes or classes. Other
indicators included depending mainly on manual labor for livelihood and having an average value
of family assets at least 25 percent below the state average. In addition to identifying backward
classes among Hindus, the Mandal Commission identified backward classes among non-Hindus
(e.g., Muslims, Sikhs, Christians, and Buddhists) if they had belonged to untouchable castes before
they converted to a non- Hindu religion, or if Hindu castes with the same occupational names, such
as dhobi (launderer), lobar (iron worker), nai (barber), or teli (oil presser), were considered
backward. In February 1980 the Mandal Commission conducted a nationwide socioeconomic field
survey in which it gathered interview data from two villages and one urban block in 405 of the
nation 406 districts. The field survey data, combined with information from the 1961 census,
various states lists of their backward classes, and personal knowledge of Commission members
and others, enabled the Mandal Commission to generate an all-India other backward classes (OBC)
list of 3,743 castes and a more underprivileged depressed backward classes list of 2,108 castes. On
7 August 1990 Prime Minister V. P. Singh announced in the Parliament that his government would
implement the Mandal Commission recommendations. This was followed by the violent
objections in northern part of India.
Indra Sawhney Case 1992: The 27% reservation quota for backward classes and the government
notification reserving 10% government jobs for economically backward classes among the higher
castes was challenged in the Supreme Court in the Indra Sawhney Case of 1992. On 16 November
1992 the Supreme Court upheld the Mandal Commission 27 percent quota for backward classes
as well as the principle that the combined scheduled-caste, scheduled-tribe, and backward-class
beneficiaries should not exceed 50 percent of India population. At the same time, court also struck
down the government notification reserving 10% government jobs for economically backward
classes among the higher castes. The opinion of the Supreme Court in the Indra Sawhney case is
summarized as below: Backward Classes of the Citizens of in Article 16(4) can be identified on
the basis of caste and not only on the economic basis. Article 16(4) is not an exception to Article
16(1) The backward classes in Article 16(4) are not similar to as socially backward classes in
Article 15(4) i.e. SC and ST Creamy layer can be and must be eliminated from the Backward
Classes. Article 16(4) permits the classification of backwards classes into more backward classes.
Reservation shall not exceed 50%. The court said that this rule should be applied every year.
However, it may be relaxed in favor of people from far flung and remote areas because of their
peculiar conditions. However, extreme caution should be exercised in doing so. Carry forward rule
is valid, but it is subject to 50%. There should be NO reservation in the Promotions.
Reservation in Promotions: The Article 16(4) came under the Supreme Court interpretation in
the Indra Sawhney case. The members of the Scheduled Tribes and Scheduled castes of the country
were enjoying the facility of reservation in appointments as well as promotions since 1950s. On
16 November 1992, Supreme Court in its judgment in the Indra Sawhney and Others vs. Union of
India and Others (1992) case held that the Reservation of Appointments under article 16(4) of the
constitution is CONFINED to initial appointments and does not extend to the matter of Promotion.
Thus, Indra Sawhney case made two important normative points. The first was the 50 per cent cap
on reservations, ground in the rationale that backwardness does not exist in the abstract; it depends
on the average on society. Second, the Court held that reservations in public employment could
only exist at the entry level. The reasoning was that reservations exist to create a level-playing
field, to remedy unequal starting positions, thereby removing the justification for promotion
quotas. The court used the light of Article 335 to justify this. But the government opined that this
ruling of the Supreme Court will adversely affect the interests of the Scheduled castes and
Scheduled Tribes Community of the Country. The government further opined that representation
of the SCs and STs in the services in the state have not reached the required level. This was a
conflict of judiciary and interests of the executive / legislative. So, to continue the existing share
of reservation in the promotions as well an amendment bill was brought to the parliament, which
after being enacted came into force as Constitution (77th amendment) Act, 1995. Later it was
further amended to include consequential seniority by 85th amendment. One by one, the
government made four amendments of the constitution viz. 77th, 81st, 82nd and 85th to provide
not only for reservations in promotion but also for consequential seniority on that basis. What this
means is that a person gets promoted through reservations, then claims to be senior on the basis of
that promotion for the purposes of a further promotion, and this continues indefinitely.
Challenging the amendments: M Nagaraj Case in the M Nagaraj Others vs. Union of India
Others (2006) the validity of these amendments was challenged in the Supreme Court through
various petitions clubbed together on the ground that these altered the Basic Structure of the
Constitution. But the court upheld the amendments because they did not alter the basic structure
of the constitution. The court further held that these provisions are merely enabling provisions. If
a state government wishes to make provisions for reservation to SC/STs in promotion, the state
has to collect quantifiable data showing backwardness of the class and inadequacy of
representation of that class. The Supreme Court had made it very clear that Article 16 (4A), which
was inserted through these amendments, was only an enabling provision. In essence, every time a
government or the legislature sought to provide reservation in promotions under Article 16 (4A),
it would have to pass constitutional muster. While justifying each attempt to provide reservation
in promotions, the state would have to demonstrate backwardness, inadequacy of representation
and maintenance of efficiency.
Implications of M Nagaraj Case: The conditions laid down in Nagaraj case had raised a number
of concerns. Since Article 16 (4A) permits reservation in promotions only for the SCs/STs and not
for the OBCs, the first condition in Nagaraj requiring the state to demonstrate backwardness of the
beneficiaries is problematic because it may lead to bringing in for SCs/STs through the backdoor.
However, Supreme Court had held for several times that test of layer is not applicable to SCs/STs.
The settled position of law is that all members of recognized SC/ST groups automatically satisfy
the condition of backwardness and there is no burden on the state to further establish the
backwardness of those individuals benefiting from reservation.

The Constitution 117th amendment Bill

The current controversy started from a judgment delivered by a two-judge bench of the Supreme
Court in U.P Power Corporation Ltd. v. Rajesh Kumar in April 2012. In the M. Nagaraj Case of
2006, it was already held by the Supreme Court that the state must demonstrate backwardness,
inadequacy of representation and maintenance of efficiency before providing reservation in
promotions. What the U.P Power Corporation did for the first time was to strike down reservation
in promotions for not meeting these criteria. The UP-Power corporation did this because the
question of inadequacy of representation, the text of Article 16 is clear that it is a matter for the
state to determine. The response of the government has now come in the form of 117th Constitution
Amendment Bill introduced in the Rajya Sabha. The article 16 4 A as per this new amendment bill
speaks as follows: Not withstanding anything contained elsewhere in the Constitution, the
Scheduled Castes and the Scheduled Tribes notified under article 341 and article 342, respectively,
shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State
from making any provision for reservation in matters of promotions, with consequential seniority,
to any class or classes of posts in the services under the State in favor of the Scheduled Castes and
the Scheduled Tribes to the extent of the percentage of reservation provided to the Scheduled
Castes and the Scheduled Tribes in the services of the State. We see that the proposed Article 16
(4A), which seeks to substitute the existing Article 16 (4A), has done away with concerns of
efficiency by stating that nothing in Article 335 can be an impediment, and the reference to
adequacy of representation has been deleted Government says that the reservation in promotions
at the entry level does not ensure that the project of equality of opportunity is complete. It says
that the reservation in promotions would take that project further, and it would not let Article 335
to become a roadblock in this project.
Instead of addressing inequality, the 10% quota for economically weaker sections creates huge
anxieties If the number of demands for implementing reforms is any guide, India’s reservation
system is clearly in disarray. However, it is unlikely that the recently passed Constitution (124th
Amendment) Bill, 2019, creating a 10% quota for the economically weaker sections (EWS), will
serve as anything more than a band-aid.
Given the deep inequalities prevalent in access to education and jobs based on caste and socio-
economic status, affirmative action (or positive discrimination) makes a lot of sense. However, the
system that was put in place during the early years of the Republic deserves serious re-evaluation
in an era when technology has paved the way for deploying a better equipped arsenal. Here I
present an evaluation of the potential implications of the EWS quota Bill, followed by some
alternatives.

Excluding no one

The Bill promises 10% reservation to individuals classified as economically backward. However,
while a number of criteria were discussed in the parliamentary debate, the Bill is quite silent on
this. Assuming that among the criteria discussed in Parliament, those that are currently applied to
the definition of the Other Backward Classes (OBC) creamy layer are the ones to be used, it is not
clear how useful they would be. While the OBC creamy layer has been created to exclude people,
who are clearly well off, the EWS quota, in contrast, is expected to focus on the poor. One of the
criteria — the income threshold of ₹8 lakh per annum — has been mentioned. The National Sample
Survey (NSS) of 2011-12 shows that the annual per capita expenditure for 99% of households falls
under this threshold, even when we take inflation into account. Similarly, as per the India Human
Development Survey (IHDS), the annual household incomes of 98% of households are less than
₹8 lakh. Even if we apply all the other criteria for exclusion (e.g. amount of land owned and size
of home), the Bill would still cover over 95% of the households. So, who are we excluding? Almost
no one.
While the benefits of the EWS quota are likely to be minimal, the cost may be higher than one
anticipates. First, it is important to remember that general category jobs are open to everyone,
including Scheduled Caste (SC), Scheduled Tribe (ST) and OBC individuals. Thus, by removing
10% jobs from the “open” category, it reduces the opportunities for currently reserved groups.
Hence, this is by no means a win-win situation. This may be particularly problematic for OBCs
since OBC reservation is limited to 27% of the seats whereas the OBC population is at least 40%
of the population, possibly more. Thus, this move is almost certain to result in calls for greater
OBC reservation, particularly if a constitutional amendment to increase the proportion of reserved
seats from 50% to 60% is already being adopted.
Getting caste certificates

Second, actual implementation of the EWS quota could be challenging. Few non-SC/ST/OBC
individuals have a caste certificate. A large number of SC/ST/OBC households report difficulties
in obtaining these certificates. How would an individual practically lay claim to this status?
Third, in an era when skill demands are rapidly outpacing supply of candidates in specialized
fields, the EWS quota increases the constraints. If a university advertises for an associate professor
for quantum physics under the EWS quota and the only suitable candidate happens to be from an
OBC category, she could not be hired. These challenges occur for all positions under specifically
reserved categories and we have chosen to live with these difficulties in the interest of the greater
good of equity. However, there is little benefit to be derived from the EWS quota.
Redesigning reservations

Arguably, the greatest cost of this amendment lies in the foregone opportunity to develop an
enhanced and more effective reservation policy so that we can genuinely see an end to the
entrenched inequalities in Indian society in the medium term. We have gotten so used to business
as usual that we make no effort to sharpen our focus and look for more effective solutions, solutions
that would make reservations redundant in 50 years.

If we were to redesign from scratch, what would an effective affirmative action policy look like?
If the goal is to help as many people as possible, we are facing a serious challenge. On the one
hand, 50% reservation looks very large; in the grand scheme of India’s population it is a blunt and
at times ineffective instrument.
The following statistics from the Union Public Service Commission provide a sobering view of
ground realities. In 2014, only 0.14% applicants to the UPSC were selected. Moreover, the general
category and OBCs have the highest success rate, about 0.17%, and SCs have the lowest, about
0.08%. This may be because of the perception that it is easier for SCs to be recruited via the
reserved quota and this may have led to a large number of SCs taking the civil services
examination. One might say that many of these candidates are not qualified for these jobs.
However, if we look at the candidates who made it past the preliminary examination (providing
preliminary quality assurance), the picture is equally grim. Only about 8% of the candidates who
took the main examination succeeded. Here the success rate is 8.2-8.3% for SC and ST candidates,
9.9% for OBCs and 7.8% for the general category. This suggests that in spite of the grievances of
upper castes, reserved category applicants are not hugely advantaged.
The above statistics tell us that in spite of reservations, a vast proportion of reserved category
applicants do not find a place via the UPSC examination. I suspect statistics from other fields may
tell a similar story. This implies that if we expect reservations to cure the ills of Indian society, we
may have a long wait.
Spread the benefits

Hence, we must think about alternative strategies. One strategy may be to try and spread the
benefits of reservations as widely as possible within the existing framework and ensure that
individuals use their reserved category status only once in their lifetime. This would require that
anyone using reservations to obtain a benefit such as college admission must register his/her
Aadhaar number and she would be ineligible to use reservations for another benefit (e.g. a job) in
the future. This would require no changes to the basic framework but spread the benefits more
broadly within the reserved category allowing a larger number of families to seek upward mobility.
A second strategy might be to recognize that future economic growth in India is going to come
from the private sector and entrepreneurship. In order to ensure that all Indians, regardless of caste,
class and religion, are able to partake in economic growth, we must focus on basic skills. We have
focused on admission to prestigious colleges and government jobs, but little attention is directed
to social inequality in the quality of elementary schooling. The IHDS shows that among children
aged 8-11, 68% of the forward caste children can read at Class 1 level while the proportion is far
lower for OBCs (56%), SCs (45%) and STs (40%). This suggests that we need to focus on reducing
inequalities where they first emerge, within primary schools.
The challenge we face is that our mindset is so driven by the reservation system that was developed
in a different era that we have not had the time or the inclination to think about its success or to
examine possible modifications. The tragedy of the EWC quota is that it detracts from this out-of-
the-box thinking!
ALTIOR
Model UN

AIPPM ROP
Document

15-16 January 2022

 COMMITTEE PROCEEDINGS

The session will begin with Roll call wherein you

have to mark your presence. Remember, there is
no concept of PRESENT AND VOTING in this
forum.

Post the roll call, the committee will enter into

the round of Opening Statements. The default
time for opening statements shall be 90 seconds.
Opening statements are speeches which are used
to clarify your stance on the agenda at hand.

Opening statements are recommended to be

given by everyone, though not obligatory.
Opening statements will be done at once, unlike
the GSL which never exhausts.

Post the opening statements, we shall be

establishing sessions which are of two kinds –
PUBLIC & PRIVATE moderated and unmoderated.

A public session is always moderated while a

private session can be moderated as well as
unmoderated.

Moderated means the executive board will have

their role in recognizing and accordingly the
members will make their statements.
 COMMITTEE PROCEEDINGS

A public session is on record while a private

session is not. The media is present the
statements made are shown to the general
public hence one has to be very careful with the
party policy and ideology while a private session
is not on record which means media is not
present and the members can indulge into real
politics which takes place behind the closed
doors.

For a moderated session, it is recommended to

decide the sub-agendas before hand so that we
do not waste time in forming a consensus via
unmoderated session and voting.

Moderated sessions will be used to discuss sub-

agendas pertaining to the main agenda. The
default time for a moderated session is 60s per
speaker.

Unmoderated session will be a lobbying session

which can either be done on the video platform
itself.

No POIs by default in public moderated sessions.

AIPPM does not have a mandate, hence

documentation shall not be necessary. However,
if time permits we may move for a Press Release,
which again does not have a specified format.
 COMMITTEE PROCEEDINGS

Individual Recommendation Papers are also

acceptable. Formats of both the documents are
shared towards the end of this document.

HOW WILL YOU BE RECOGNIZED?

In order to get recognized, you can click on
‘Participants’ tab in the menu and there is an
option of ‘Raise hand’, you can even click that, but
remember to lower it down once you are
recognized.

POINTS

The following points will be considered in the

forum:

Point of Personal Privilege: A point of personal

privilege is usually raised if someone has any
physical discomfort during the proceedings of
the committee. But this being a virtual
conference, the point shall be used to get
repetition of a part of a statement which was
not audible/clear due to network issues - to be
raised via writing in the ‘chat’ option in the
menu or verbally.
 COMMITTEE PROCEEDINGS

Point of Enquiry: A Representative may rise to a

Point of Enquiry requesting an explanation from
the Executive Board on the Rules of Procedure or
the committee proceedings. This point may not
interrupt a Speaker – to be raised via writing in
the ‘chat’ option in the menu or verbally.

Point of Order: In Lok/Rajya Sabha the POO is on

the Speaker regarding the rules of procedure.
Since AIPPM is an unmandated committee the
POO shall be raised on the factual inaccuracy in
the speech of any member – to be raised via
WhatsApp chat on Moderator’s personal
chat/WhatsApp lobbying group (as specified by
the Moderator) in the format:

P.O.O

On: (portfolio of the member who committed the

error)
From: (portfolio of the member who is sending in
the P.O.O)
Quote: "The factual error quoted by the member)
Fact: "Correct Fact"
 COMMITTEE PROCEEDINGS

***POINT OF ORDER TO BE SENT WITHIN 3

MINUTES OF THE SPEECH MADE***

*If the above given format is not followed the

POO shall not be recognized and marked

Point of Information: This is a point on which a

question in context of the speech may be asked.
A member can ask questions on the speech
verbally as well as through chit. An equal
recognition would be ensured from the side of
the executive board. You have to send the
question in the form of a POI Chit in the
WhatsApp group. The member to whom the
question has been asked can send the reply of
the POI in the group andboth will be marked on
average basis as provided in the marking
scheme.

FORMAT OF THE CHITS:

P.O.I # (serial number of the chit)

Via E.B @ (this is the tag option of WhatsApp)

To: (portfolio of the member the chit has been sent to)
From: (portfolio of the member the chit has been sent to)

CONTENT AND QUESTION

 COMMITTEE PROCEEDINGS

P.O.I Reply # (serial number of the chit)

Via E.B @ (this is the tag option of WhatsApp)

To: (portfolio of the member the chit has been sent to)
From: (portfolio of the member the chit has been sent to)

CONTENT AND REPLY

If the above given format is not followed the

POI/REPLY shall not be recognised and marked

Opening statements will have a mandatory POI

(verbal), Equal recognition will be ensured.

Try not speaking out your name/point when you

are being recognized, just raise your hand so as
to avoid chaos

Format for the Recommendation paper:

DATE:
AGENDA:
COMMITTEE :
PORTFOLIO :
CONTENT (IN POINTERS)
 COMMITTEE PROCEEDINGS

FORMAT OF THE PRESS RELEASE :

COMMITTEE :
DATE:
AGENDA:

CONTENT (IN POINTERS)

If a recommendation paper is being made, it should be

named as Portfolio_Recommendation Paper. E.g. Amit
Shah_ Recommendation Paper.

If a press release is being made, it should be named as

Press Release.

The documentation has to be submitted via mail to the

Executive Board.

All the best for the conference!

Regards
Team Altior
 THANK YOU!
ALL THE BEST FOR THE
CONFERENCE!