INTRODUCTION

Affirmative action are a formal effort to provide increased educational and employment
opportunities for underrepresented and disadvantaged groups at a level sufficient to overcome past
patterns of discrimination and present structural inequalities. Affirmative action and its
implementation vary from country to country In India quota systems are used in the form of
reservation policies by reserving seats for underrepresented categories of citizens in public
employment, educational institutions, and legislative bodies. Whereas in USA, where quotas are not
used, preferential treatment is given to persons belonging to minority groups in the selection
process.

Why do we need reservation?

It is needed to correct the historical injustices faced by backward castes in the country as it is
essential to foster equality and fairness. These communities have been disadvantaged for
generations, lacking access to resources and opportunities that others have long enjoyed. By
providing a level playing field, we enable backward sections to compete more fairly and ensure their
adequate representation in state services.

Historical Background and Constitutional Provisions of Reservation in India

I’ll discuss the historical background of reservation system, which has shaped the social and political
landscape of our nation.The concept of caste-based reservations was first conceived by William
Hunter and Jyotirao Phule in 1882. However, it was in 1933 that the reservation system as we know it
today took shape. The British Prime Minister Ramsay MacDonald introduced the Communal Award,
which provided separate electorates for various minority groups, including Muslims, Sikhs, Indian
Christians, Anglo-Indians, Europeans, and the Dalits.

A turning point came when Mahatma Gandhi and Dr. B.R. Ambedkar negotiated the Poona Pact. This
agreement led to a single Hindu electorate with reservations for Dalits, replacing the separate
electorates.So, when the constituent assembly was framing the Constitution of India, social
discrimination based on the caste system was a big hindrance to equality in society. So, the provision
of reservation for the socially backward classes was introduced in the Constitution of India.
Reservations were initially introduced for a period of 10 years and only for SCs and STs, but it kept on
extending with several changes in it.

The Mandal Commission, established in 1978 under B.P. Mandal, aimed to identify socially and
educationally backward classes. After extensive research, it proposed reserving 27% of government
jobs for OBCs, who made up around 52% of India's population which included non-Hindubackward
classes, such as Muslims, Sikhs, Christians, and Buddhists. Finally in 1991 Based on the Mandal
Commission's recommendations, Other Backward Classes (OBCs) were also included.

In *1992, the Indra Sawhney case upheld the 27% quota for OBCs but struck down the 10%
reservation for economically backward classes among higher castes. The Supreme Court also ruled
that beneficiaries should not exceed 50% of the population, giving rise to the concept of the ‘creamy
layer’ and stipulating that reservation in promotions be excluded.
Further, The reservations for Persons with Disabilities (PwD) in India can be traced back to the
enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full
Participation) Act, 1995. This act introduced a 3% reservation for PwDs in government jobs and
educational institutions. The reservation was divided into three categories: locomotor, hearing, and
visual disabilities.
Moreover, the 103rd Constitutional Amendment of 2019 introduced 10% reservation for the
economically weaker sections (EWS) in the unreserved category, going beyond the 50% cap.

In 1988, the Margaret Alva Committee recommended reserving seats for women in elected bodies
through the National Perspective Plan for Women. This led to the 1993 73rd and 74th Amendments,
granting 33% reservation for women in local self-governments. Despite various proposals, the
Women’s Reservation Bill, faced political hurdles and was stalled for years. Finally ,The Constitution
(106th Amendment) Act, 2023 reserves seats for women in the Lok Sabha and state assemblies.

Types of reservation and affirmative action policy

Vertical reservation refers to the reservation for Scheduled Castes, Scheduled Tribes and Other
Backward Classes. This categories are based on historical disadvantages face by those groups .These
groups has its own separate reservation under the law, as mentioned in Article 16(A) of the Indian
Constitution.

(SC) reservations (15-18%) provide access to education, jobs, and political representation to address
caste-based discrimination.

(ST) reservations, ranging from 7.5% to 10%, support indigenous communities facing social and
geographical isolation, helping them access resources and participate in mainstream society.

Horizontal reservation provides equal opportunities to other beneficiary categories such as women,
veterans, transgender community and individuals with disabilities. These reservations cut across the
vertical categories and are mentioned under Article 15(3) of the Indian Constitution. Common
horizontal reservation includes:

Gender-based reservation: Gender-based reservation which is based on the principle of gender

equality. In India, the Constitution has provided one-third reservation to women in local bodies
under Articles 243D and 243T.

Income-based reservation: It is a system that provides opportunities and access to education and
employment to poor sections of society. For example, reservation to the economically weaker
sections(EWS) of society. Reservation for differently-abled: It is based on the principle of inclusivity,
which aims to create an equal and accessible society for people with disabilities. For example, 4%
reservation is provided to disabled persons in government jobs.

Political reservation:Affirmative action in political representation ensures that historically

discriminated groups, such as those based on caste, creed, and gender, have a voice in the legislature
to address their issues in policy-making. Articles 330, 332, and 334 of the Constitution reserve seats
for SCs and STs in the Central and State legislatures.

Reservation for ex-service man government jobs often includes seats for ex services man to provide
employment opportunities after there services in the armed force .

The Transgender Persons (Protection of Rights) Act, 2019 does not include a provision for
reservations for transgender people. However, the government has stated that transgender people
can avail of quota benefits if they fall under existing reservation categories. These categories include:
Scheduled caste (SC), Scheduled tribe (ST), Socially and economically backward classes (SEBC), and
Economically weaker section (EWS).

CURRENT POLICIES AND SUPREME COURT JUDGEMENTS

I’ll be talking about the current policies regarding reservation and/or affirmative action in Indiaas
well as recent significant Supreme Court judgements on the same.

In India, current reservation policies are designed to promote inclusivity across various sectors.In
higher education, universities like Delhi University and Jawaharlal Nehru University allocateseats for
Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).Similarly, the Indian
Institutes of Technology (IITs) and medical colleges reserve seats for these groups.

In school education, institutions such as Kendriya Vidyalayas reserve seats for SC, ST, and OBC
students. The Right to Education (RTE) Act mandates that private schools reserve 25% of seatsfor
economically weaker sections.

In employment, the Indian Constitution reserves 15% of posts for SCs, 7.5% for STs, and 27% for
OBCs in central government jobs. Political representation includes 84 reserved seats for SCs and 47
for STs in the Lok Sabha.

Panchayati Raj Institutions reserve seats for SC, ST, and OBC communities, enhancing grassroots
democracy. The 73rd and 74th Amendments introduced 33% reservation for women in Panchayats
and Municipalities. Scholarships like the Post Matric Scholarship support education and research, and
government housing schemes allocate houses for SC, ST, and OBC beneficiaries.

In 2019, the EWS quota was introduced under the 103rd Constitutional Amendment, adding Articles
15 (6) and 16 (6). On November 7, 2022, the Supreme Court upheld its constitutional validity in a 3:2
split decision.

In September 2023, the Women’s Reservation Bill, renamed the Nari Shakti Vandan Adhiniyam,
passed, providing 33% reservation for women in the Lok Sabha and state assemblies, likely effective
after the next census. Additionally, a 4% reservation in government jobs and 5% in educational
institutions for Persons with Disabilities is established.

Recent Supreme Court rulings impact reservation policies significantly. The Supreme Court reviews
Bihar’s 65% reservation increase deemed unconstitutional by the Patna High Court. Another
landmark ruling allows sub-classification of SC/ST groups and emphasizes excluding the 'creamy
layer' from these benefits as well.

PROS

The classic statement that justified the policy of affirmative is that of Lynden B. Johnson, the former
president of the United States, who argued that the policy of formal, legal equality for blacks is not
enough. He said you do not take a person who for years has been hobbled by chains and liberate him
bring him up to the starting line of the race, and then say you are free to compete with all the others
and still believe that you have been completely fair.

Affirmative Action creates an atmosphere of opportunity where people belong to scheduled castes,
scheduled tribes, other backward classes and weaker sections of society, women candidates,
minority applicants, senior citizens and persons with special needs will get an opportunity to get
job/admission for which they might not be considered. The India Human Development Survey (2011-
2012) data established that implementation of reservation policy in government jobs increase the
chances of inclusion of candidates belonging to scheduled castes, scheduled tribes, and other
backward classes.

Affirmative action promotes social mobility (the movement of people between social classes or
strata in a society). By reserving the seats for low-income groups in educational as well as public
employment because of which low income groups students after so much barrier gain access to
higher education and public employment. As a result, their chances to break the shackle of poverty
and step into the middle class increases.

Diversity in educational institutions and workplaces is the result of affirmative action. In such a
system of diversity at the workplace and institutions, the different voice of different communities is
recognized as well diverse viewpoints are valued which encourage them to make a unique and
meaningful contribution .

LIMITATIONS

Affirmative action policies are accompanied with moral and political controversies. Critics describe
critics might believe in the legitimacy of a social Justice approach, but would argue that such
strategies are wrong headed (misguided), perpetuate(to cause something to continue for a long
time) and exert existing social divisions and the benefits accruing. For example The suicide
committed by a Dalit student at IIT Mumbai in 2014 provides us a glimpse of the agony of backward
caste students in premier education institutions.

A cause for constant worry is that the benefits have generally gone disproportionately to the better
off members .The crux of the argument is that the designated disadvantaged groups, are not
homogeneous (uniform) entities. They are marked by heterogeneity(not alike) in the sense that
economically not all members of the groups are same and there are always differences between
groups .

Patil (2009) studied the power structure and participation of SCs/STs/other backward castes (OBCs)
and women representatives in rural local government in Kolhapur district of Maharashtra. His study
found that although women who were housewives had entered politics due to reservations, their
role in administration was nominal and they were found to be dependent on their husbands for such
activities. Numerous obstacles hinder women's participation in Panchayati elections, including
deeply ingrained patriarchal mindsets (a social arrangement where men hold more power and
privilege than women, and where men's superiority is justified) that lead women to function as
proxies(to act on behalf of another). for their male family members. Tragically, women frequently
face the threat of violence from powerful elements of society if they make bold decisions or assert
their authority.

Furthermore, affirmative action in India has struggled to address structural inequalities, Poor
infrastructure in rural areas, inadequate schools, and the lack of training programs hinder the long-
term effectiveness of these policies. Let us consider the case of IIT Roorkee. According to the official
data of Institute, 90% of the IIT dropouts are of backward castes. The performance of students is very
low and they often end up without a job in most cases.

CASE STUDIES

I would like to share two case studies that highlight the complexities of reservation policies in India.

The Supreme Court, invoking Article 142, intervened for a Dalit youth denied admission to IIT-
Dhanbad due to a delayed fee payment, ordering his admission after he passed the entrance exam.

In contrast, Puja Khedkar, a former probationary civil servant, was discharged from the Indian
Administrative Services (IAS) for allegedly misusing Other Backward Classes (OBC) and disability
quotas. If proven guilty, her case would again highlight the ongoing issues of reservation misuse in
India.
These instances reflect the dual nature of reservation policies: while the judiciary seeks to correct
injustices, misuse threatens their integrity, necessitating continuous evaluation to ensure equitable
outcomes.

Future of Reservation system

To solve the reservation issue, we must reboot our infrastructure of opportunity by reforms. In
education, the focus should shift to improving performance, governance, and soft skills. For
employability, we need massive investment in skills, making learning flexible and linking degrees to
practical experience. On employment, we need to create formal, high-wage jobs and Ensure
accessible infrastructure for PwDs and create harassment-free, supportive work environments for
women with improved maternity benefits and flexible work options.

We must ensure equal treatment and unbiased competition, judging success based on effort and
courage, not background. As the socio-economic landscape evolves, there may be a need to reassess
the existing framework to ensure that it continues to benefit those most in need while adapting to
changing demographics and social mobility.

Conclusion

The conclusion highlights that discrimination based on caste and socio-economic factors has led to
the underrepresentation of minority groups in education and employment. Affirmative action
through reservations aims to address these inequalities and promote societal
development.Affirmative policies is an evolving policies that has been evolving eversecens leading to
more inclusivity for eg the transgender community which have benn included not long ago .The
Centre informed the Supreme Court that transgender persons can access the existing 50%
reservation available to SCs, STs, and SEBCs, as well as the 10% quota for Economically Weaker
Sections (EWS) in admissions and government jobs. However, it suggests that current policies may
need a review to ensure they remain effective amid changing socio-economic conditions.