Reservation Based On Cast In Indian Politics

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T20:55:40.096+00:00

Updated: 2026-08-30T07:07:18.309Z

RESERVATION BASED ON CAST IN INDIAN POLITICS

Harsh Choksi, KES’ Shri Jayantilal H. Patel Law College Introduction Risley defines caste as a group of families sharing a common name, claiming descent from a mythical ancestor, and engaging in the same hereditary occupation. The Indian caste system is structured into four varnas, where the upper castes hold dominance and are considered superior. The Brahmins, positioned at the top, are distinguished by their alleged priority, knowledge of the Veda, and exclusive control over sacrificial practices. This perceived superiority justifies their social standing, as they assert precedence and claim exemption from the power dynamics governing others due to their superior knowledge and sole possession of sacrificial techniques. The Indian caste system exhibits characteristics that perpetuate discrimination and social stratification, including the existence of sub-castes or jatis.

Each sub-caste is associated with a specific occupation, exemplified by varying degrees among the upper castes, such as Tamil Brahmins and Tanjore Brahmins. Societal adherence to a rigid set of rules and barriers is crucial, and failure to comply results in exclusion from both the caste and one's own family. In such a system, society is marked by the division into numerous hereditary groups, hierarchically arranged and mutually opposed. It does not tolerate the principles of social mobility, mixing of groups, or changing occupations. Non-compliance with these established rules and practices leads to exclusion from both the caste structure and familial bonds. Origin of Caste System 1 The origin of the caste system in India is complex, with various factors and theories contributing to its emergence. Traditional, political, religious, and biological theories provide distinct perspectives.

According to the religious theory, Brahma created the castes, while the political theory suggests Brahmins sought power consolidation. Customs and religious influence also played a significant role, elevating individuals like kings and Brahmins in

1 India's caste system. BBC. https://t.ly/H_dzY

Origin. World History Encyclopedia. https://t. ly/8DDLh Origin theory. MyIndia, https://t. ly/-rAuv society. The caste system in India originated from the assignment of diverse tasks in the ruler's administration and was further shaped by dietary restrictions. According to the biological theory, individuals inherit one of three categories (Gunas) – Sattva, Rajas, and Tamas – influencing temperamental differences and occupational choices. Sattva represents positive traits, Rajas signifies passion, and Tamas reflects negative qualities. Brahmins, Kshatriyas, and Vaishyas are associated with Sattva and Rajas, while Shudras are linked to Tamas. In contrast to the biological perspective, the historical theory attributes the prominence of the caste system to the arrival of fair-skinned Aryans around 1500 BC.

The Aryans, distinct from the local dark-skinned population, did not assimilate with existing cultures but conquered northern India. Other pre-Aryan cultures lacked a caste system. The Aryans introduced Varna Vyavastha, a social hierarchy with four divisions based on functions, including religious, military, economic, and menial, arranged in decreasing order of importance. The Aryans structured their society into three groups: Kshatriyas (warriors), Brahmins (priests and scholars), and Vaishyas (businessmen). A debate ensued between Kshatriyas and Brahmins for the top caste position, ultimately won by the Brahmins, solidifying their leadership. Only Aryans were allowed in these upper castes, and rules were established to maintain this exclusivity. Skin color played a pivotal role, with varna (commonly translated as caste) originally referring to color.

The Aryans, associating dark skin with inferiority, labeled earlier settlers as "darkcolored" or dasas, meaning 'enemy. ' Shudras, often dark-skinned workers, were either local inhabitants or a mix of Aryans and locals. Brahmins, considering themselves pure, avoided physical contact with Shudras due to fears of disease transmission. Discontent with the caste system led people to embrace Buddhism around the 6th century, initiated by King Ashoka to promote equality and counter caste brutality. Buddhism welcomed even outcastes or untouchables. The Buddha advocated against the inherent caste hierarchy, emphasizing that one's caste should be determined by deeds (karma) rather than birth. Caste System During British Rule 2

2 Cast system during British rule. International Journal of Development Research.

https://www. journalijdr. com/sites/default/files/issue-pdf/23611. pdf As the Mughal empire began to fall, British rule began in 1774. The British were initially unaffected by the caste system, but as time went on, they came to dislike it. Unintentionally, their policies—particularly the divide and rule tactic—helped to strengthen caste identities. The British government proposed a number of adjustments that were intended to improve governance by means of socio-religious reforms. To solve the prevalent unfair structures in society, laws including the "Special Marriage Act-1872," the "Widow Remarriage Act-1856," and the "Caste Disabilities Removal Act-1850" were passed. Social reformers, such as Raja Ram Mohan Roy, who founded the Brahmo, introduced new social changes to the country. The movements led by these reformers sparked increased social awareness.

The opening of new factories resulted in a shift in the working culture, as these establishments hired workers, altering the occupations of many individuals that had remained constant for centuries. This transformation had a significant impact on the caste system as a whole. The core tenets of the caste system—hereditary specialty, the holy hierarchy, and mutual repulsion—were directly challenged by the British government, as noted by Bouglé. Some British practices supported the existence of the caste system.. The British government introduced the census in India for administrative control, beginning in 1872. The colonial administration incorporated caste and religious categories in population enumeration, renaming castes based on linguistic criteria. In the 1881 census, Commissioner W. C. Plowden grouped castes into five categories.

The Scheduled Caste Order of 1936 legalized caste listing nationwide. While these efforts didn't aim to abolish the caste system, they significantly reduced its rigidity. Additionally, a 50% ceiling was implemented in caste-based reservations. Caste System During Post Independence3 After independence, steps were taken to allay the fears of the downtrodden sections, including giving them political representation in public employment and education as well as reservations. For political representation, the system of combined electorates was kept in place.

84 of the 543 Lok Sabha seats are therefore set aside for Scheduled Castes (SC) and 47 for

Scheduled Tribes (ST). Articles 15 and 16 were included when the constitution was being established in 1950, enabling particular provisions for socially and educationally

3 Research Gate. https://t.ly/YC-UO

The Constitution (Ninety-Third Amendment) Act, 2005. India. https://t. ly/Tbu4w disadvantaged classes in the areas of public employment and education. 15% of seats are set aside for SC and 7. 5% for ST, respectively, based on population size. In response to the Mandal Commission Report, the government increased reservations for Other Backward Classes (OBCs) in 1993. In government positions and educational institutions, a 27% reservation was made for OBCs; this increased the overall number of reserved seats to 49. 5%. The 93rd Constitutional Amendment in 2005 brought about a significant shift in the education landscape. Prior to this amendment, reservations did not apply to private educational institutions.

Nonetheless, the government was given the authority to create special provisions for the advancement of socially and educationally backward classes, as well as Scheduled Castes (SC) or Scheduled Tribes (ST), in educational institutions, including private ones, thanks to the amendment to Article 15, specifically the addition of clause 5. It's crucial to remember that the minority educational institutions listed in Article 30 clause (1) are not covered by this provision. Furthermore, objections to this change may not be raised under Article 15 or subclause (g) of Article 19's clause (1). Movements and Political Policies Against Caste4 Various movements and government initiatives, both pre and post-independence, aimed to address caste-based inequalities in India. Gandhi coined the term "Harijans" during the national movement to uplift untouchables, though it was perceived as patronizing.

The British government, through the Census of India, identified groups, including untouchables, eligible for special privileges in 1935, known as Scheduled Castes and Scheduled Tribes. In the 1970s, leaders from these groups began using the term "Dalits" for self-identification. The anti-caste Dalit movement dates back to the mid-19th century, led by Jyotirao Phule, advocating education and empowerment. While Phule aimed to integrate Dalits within Hinduism, post- 1910, leaders sought separation, endorsing a separate electorate. Gandhi, on the other hand, sought Dalit integration within reformed Hinduism. In the 1920s and 1930s, B. R. Ambedkar led the Dalit movement, advocating for increased rights for Dalits in British India and post-independence. Gandhi and Ambedkar both wanted to 4 Movements and Political Policies against Caste.

International Journal of Political Science and Governance. https://t. ly/CyBLv Movements. Clear IAS. https://t. ly/wuIyE Movements and Political Policies against Caste. Test book. https://shorturl. at/fkrB6 Digital Commons. https://shorturl. at/cwJKR see the caste system abolished, yet they differed in their approaches. Gandhi believed goodwill could eliminate untouchability, viewing it as a moral issue. In contrast, Ambedkar saw Dalit subordination as economic and political, advocating for structural change through legal, political, and educational means. Post-independence, Ambedkar secured constitutional guarantees, reserving seats in elections for Dalits. However, dissatisfied with the slow implementation, he resigned in the mid-1950s and urged Dalits to convert to Buddhism in 1956, escaping the social stigma of untouchability within Hinduism.

In the 1970s, the Dalit Panthers movement emerged, expressing frustration at the inadequate implementation of policies against violence targeting Dalits by upper-caste Hindus in various parts of India. India's affirmative action targets Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). SCs, or untouchables, form the first group, while STs, called Adivasi, reject the caste system in remote areas. OBCs include Shudra Varna, former untouchables, facing social and economic challenges. Ongoing debates surround OBC criteria, with historical caste-based biases hindering economic progress. Affirmative action involves reserved seats, special programs, and legal protection. During the 1960s, India implemented reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs), while states were tasked with identifying Other Backward Classes (OBCs).

Southern states identified economically disadvantaged castes as OBCs, leading to opposition in other regions. To address concerns, the 1978 B. P. Mandal-led commission emphasized caste as a key factor in social and economic backwardness, recommending reservations of 27% for OBCs, 15% for SCs, and 7% for STs. Anticipating opposition, the government hesitated to fully implement these policies. In 1990, partial implementation attempts by the Janata Dal government sparked significant unrest and opposition from middle- and upper-caste individuals. Periyar E. V. Ramasamy, commonly known as Periyar, was a prominent social reformer who played a key role in the Dravidian movement. He championed the causes of social equality, rationalism, and self-respect, particularly among non-Brahmin communities. Periyar strongly opposed the caste system, religious orthodoxy, and gender discrimination.

Impact of reservations5 The percentage of Scheduled Castes (SCs) and Scheduled Tribes (STs) in all job groups (A, B, C, and D) has significantly increased over the last 60 years. When they first gained independence, they were seldom represented in any of the service groups. As of January 1, 1965, for example, SCs made up 1. 64%, 2. 82%, 8. 88%, and 17. 75% of the corresponding Groups A, B, C, and D. These percentages increased to 12. 5%, 14. 9%, 15. 7%, and 19. 6%, respectively, by January 1, 2008. In a similar vein, in the same groups, the percentage of STs rose from 0. 27%, 0. 34%, 1. 14%, and 3. 39% in 1965 to 4. 9%, 5. 7%, 7. 0%, and 6. 9% in 2008. Together, SCs and STs made up 13. 17% and 2. 25% of the population, respectively, on January 1, 1965, rose to 17. 51%, and by January 1, 2008, it had decreased to 6. 82%.

The group-bygroup and overall representation (in percentage) of SCs/STs in various years is broken down in the table below.

5 Impact of reservations. Department of Public Enterprises.

https://dpe.gov.in/sites/default/files/Reservation_Brochure-2.pdf Current scenario6 Activists from the Dalit Sangharsh Samiti (Revolutionary) paid homage to Dr. B.R. Ambedkar's 1927 anti-oppression stance by setting the Manusmriti ablaze in Kalaburagi. The Manusmriti, a Hindu text endorsing the discriminatory Varnashrama and caste system, was burned during a public demonstration at Jagat Circle. Previously, activists held a symbolic funeral procession for Manusmriti, marching from SVP Circle to the Ambedkar statue. Participants condemned the text and perceived discriminatory ideologies of right-wing forces for political gains. Women played a significant role, carrying an effigy symbolizing Manusmriti, leading to its ceremonial burning at Jagat Circle. The event commemorated Dr.

6 Current scenario. TheHindu. https://shorturl.at/buyI8

Current scenario. Research Gate. https://shorturl. at/mCFJR Ambedkar's historic 1927 protest when he publicly burned the Manusmriti. The leader of the DSS, Arjun Bhadre, criticized Manusmriti for institutionalizing caste oppression, justifying discrimination, and advocating the mistreatment of Dalits. He highlighted Dr. Ambedkar's act of publicly burning the text in 1927 as a form of resistance against its oppressive ideas. The current burning is a symbolic protest against organizations like RSS, BJP, VHP, and Bajrang Dal. Dalit leader Raju Arekar emphasized Manusmriti's antiwomen and anti-human nature, describing it as portraying native people as villains and slaves. He urged following Dr. Ambedkar's path to achieve an egalitarian society with equality and dignity for all. Dalits, India's marginalized community, have historically faced social, political, and educational disadvantages.

They were exploited by the higher castes, working without payment and unable to assert their rights. This exploitation continues in rural areas, perpetuated by the lack of awareness and superiority among the higher classes, as reflected in news reports.

1. A Dalit boy lost his life after being brutally beaten for picking flowers.

2. Cops tortured Dalit for three days.

3. They marched naked during a demonstration in Bihar's Dalit community.

4. In a confrontation related to caste, a member of the Dalit community was set on fire.

5. Haryana's Dalit lynched.

Dalits, constituting around a fifth of the population, endure persistent prejudice and humiliation based on their birth. Despite international conventions and domestic laws aimed at eradicating caste-based discrimination and safeguarding rights, achieving economic security, physical safety, and human dignity remains an ongoing challenge. Legally termed Scheduled Castes, Dalits in India face hidden segregation, exemplified by practices like forcing Dalit children to sit in the back of classrooms in rural areas.

Judicial approach towards reservation7 The Madras government had set aside seats in the State Medical and Engineering Colleges for the Marathas, according to the facts in the Champakam Darairajan v. State of Madras case. Article 46 challenged this reservation as unconstitutional. The decision was overturned by the Supreme Court, which emphasized that Directive Principles cannot supersede Fundamental Rights and claimed that the decree breached Article 15(1). As a result, the Parliament proposed a change to Article 15, adding clause (4). With no specified limit for providing reservations, the Supreme Court, in the case of Balaji v. State of Madras, declared unconstitutional a government order reserving 68% of seats in engineering, medical, and technical colleges. The court deemed the 68% reservation unreasonable, impacting merit-based candidates.

Consequently, the court established a cap on reservations in educational institutions and public employment at 50%. Despite the 67-year existence of this 50% reservation rule, there is a call to reconsider and potentially reduce the limit to 30%, given the improved status of depressed classes. The question of whether the 50% reservation rule applied to posts carried over to the following year emerged in the T. Devadasan v. Union of India case. The use of the carry forward rule resulted in a 64% rise in reservation vacancies, possibly in violation of Article 16(1) and Article

14 rights. The Supreme Court ruled that there could be no accommodations for

underrepresented groups when it came to pensions, age at which superannuation becomes mandatory, pay, promotions, and salary. As such, the Court declared the carryover rule to be illegal and unconstitutional. The question of whether reservation could be applied to a single position within a cadre was brought up in the Chakaradha Paswan v. State of Bihar case. The court cited Balaji and Devadasan to emphasize that, even with the carry forward provision, no reservation should be greater than 50%, meaning that Article 16(4) could not establish a monopoly. Later on, though, Madhav v. Union of India overruled this, allowing isolated jobs to be reserved through roster or rotating systems. In Chandigarh v. Faculty Association, the Supreme Court clarified that a

7 Judicial approach. SUPREME COURT OF INDIA.

https://main. sci. gov. in/judgment/judis/1194. pdf https://main. sci. gov. in/jonew/judis/3453. pdf https://main. sci. gov. in/jonew/judis/8401. pdf https://main. sci. gov. in/jonew/judis/3749. pdf single post in a cadre cannot be reserved directly or by rotation because doing so would lead to 100% reservation, which is in violation of the Constitution's requirement of equality. In 1979, the Mandal Commission was established by the Government to identify socially and educationally backward classes and recommend reservation policies. The reservations proposed by the commission were legally contested in the case of Indra Sawhney v. Union of India (1992). A 9-judge Supreme Court bench upheld the 50% cap on reservations, rejected reservations in promotions, and established criteria for determining backwardness.

The court overturned the earlier decision in Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India (1981), which included promotions in Article 16(4) reservations. Subsequently, constitutional amendments in 1995 and 2000 introduced Articles 16(4-A) (Reservation in promotions with consequential seniority) and 16(4-B) (Carry forward rule). These amendments were deemed constitutional in the case of M. Nagaraj v. Union of India (2006). M. R. Balaji and Others v. State of Mysore (1963) is a landmark case in Indian constitutional law. It upheld the constitutionality of reservations in educational institutions to address social and educational backwardness. The court introduced the 50% rule, limiting reservations to maintain a balance with merit-based admissions. The judgment provided guidelines for identifying backward classes, emphasizing social and educational criteria.

The case laid the foundation for the "creamy layer" concept and had a significant impact on the formulation of reservation policies in India. Debate8 In favour of reservation • From the beginning, the deprived caste is oppressed; it remains poor and distant from its privileges while enjoying social, political, and educational growth. A possible way to offset these cultures is a reservation. • Reserves should be granted following the people's economic situation and with a strict

8 Debate. Research Gate.

https://www. researchgate. net/publication/358975876_Argument_For_And_Against_The_Reservation_In_India Debate. Test book. https://testbook. com/ias-preparation/debate-on-reservation-system-inindia#:~:text=Debate%20In%20Favour%20Of%20Reservations&text=Reservation%20of%20OBCs%20has%2 0helped,has%20benefited%20from%20EWS%20Reservation sense of results for a specifically defined duration such as 20 years to come on almost the same platform and compete against one another. • Castes are divided based on menial labor today's reserved castes are often restricted to their jobs, and as a result, their mental growth is not as productive as that of others. As a result, they demanded a compromise in terms of their results.

• Reservation should exist because reserved classes are economically disadvantaged, and educational institution fees and the actual cost of contesting elections are incredibly high; if they do not have a reservation, they will be unable to pay these costs, and as a result, these people will never have the opportunity to become a nexus part of all development activities. • They argue that affirmative programs profit lower gentries by directly adding stipend and plying a more substantial impact on public policy when individualities from lower gentries laboriously share in decision- timber. analogous logic has been embraced by other authors in these surrounds. • Caste-based reservations help rectify historical neglect and injustice against socially underprivileged segments of society by alleviating the challenges they face due to resource deficiencies.

Against reservation • The reservation system in India, primarily based on castes, is perceived as unfair. Several castes, genuinely facing economic challenges, seek reservations to ensure their rights and equal standing in society. However, some within the reserved categories do not require reservations, as the creamy layer concept is not applicable to SCs and STs. • Rather than dismantling the caste system, the implementation of caste-based reservations is reinforcing it, serving as a tool for individuals to advance their political agendas. • The allocation of quotas is a form of discrimination that violates India's constitutional right to fair treatment.

In India, reservations produce societal divisions and contribute to the fragmentation of communities across different political parties. This eventually poses a significant trouble to India's republic, concinnity, and quality. Political parties frequently prioritize the maturity within specific communities, leading tagged representatives to concentrate solely on their party or named group, fostering corruption and bribery within other groups. • The reservation policy has yet to undergo a comprehensive social or political audit. A thorough investigation of the entire system is necessary, and an assessment of its benefits over nearly six decades should precede any consideration of expanding reservations to additional classes.

Conclusion The Indian estate system, embedded in history, religion, and society, has been both a source of social order and demarcation, characterized by a hierarchical structure favoring upper gentries. British rule urged reforms, andpost-independence, reservations were enforced to address literal disadvantages for SCs, STs, and OBCs. While reservations increased representation, ongoing debates question their fairness and effectiveness. Some argue they immortalize estate divisions and hamper social mobility, while others believe they're pivotal for addressing literal shafts and promoting inclusivity. The Supreme Court has evolved its station on reservations, assessing a 50 cap and emphasizing a balance between merit and social justice. Pre andpost-independence movements targeted estate inequalities, with leaders like B. R.

Ambedkar securing indigenous guarantees for Dalits, but challenges persist. The current dynamic script includes shifting societal stations, seen in demurrers against discriminative textbooks and ongoing conversations on reservation programs. While reservations have increased SCs' and STs' representation, questions loiter about their impact on social harmony, political pretensions, and overall effectiveness. In assessing the debate girding reservations, it's essential to consider the multifaceted nature of the issue, balancing the need for affirmative action with the enterprises about immortalizing estate divisions and hindering merit- grounded openings. A comprehensive review of the reservation system, its benefits, and implicit reforms is pivotal for shaping a more indifferent and inclusive society. Eventually, addressing estate- related challenges requires a nuanced and

comprehensive approach that combines legal reforms, social mindfulness, and profitable commission.

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