The Future Of Reservation Policy Options For Enhancing Economic Equality In Government Jobs
Author: LawSphereX
Category: Constitutional & Human Rights
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THE FUTURE OF RESERVATION POLICY OPTIONS FOR
ENHANCING ECONOMIC EQUALITY IN GOVERNMENT JOBS Mukilan.V, BA LLB (Hons), The Tamil Nadu, Dr. Ambedkar Law University (TNDALU), School of Excellence in Law (SOEL). Kamalaja.A, BBA LLB (Hons), The Tamil Nadu, Dr. Ambedkar Law University (TNDALU), School of Excellence in Law (SOEL). Meeneshwar.M, BA LLB (Hons), The Tamil Nadu, Dr. Ambedkar Law University (TNDALU), School of Excellence in Law (SOEL).
ABSTRACT
This paper focuses on exploring policy options for enhancing economic equality in government jobs through reservation policies in India, specifically targeting economically disadvantaged groups. It provides an indepth analysis of the current reservation system, its historical evolution, and its impact on economic disparities. Keywords: Reservation System, Economic Equality, Policy, Government Jobs, Sustainability.
INTRODUCTION
Reservation policies aim to provide certain benefits and preferences to specific groups, often based on income or social status. However, there are concerns that these policies can lead to injustice or further marginalization of certain groups. The caste system, deeply rooted in India, has led to the classification and alienation of different groups within society. This system has often resulted in discrimination and exploitation, as experienced by Dr. B.R. Ambedkar, who fought against untouchability and discrimination. India's legal principles, inspired by Ambedkar's thoughts, strive for a society where everyone can live with dignity, free from discrimination and exploitation. However, the challenge remains in balancing the need to address historical injustices with ensuring fairness and equal opportunity for all sections of society.
REVIEW OF LITERATURE
The existing literature gives a general understanding of reservation policy in Indian parliamentary democracy from the literature that has already been written about caste discrimination, social exclusion, and "affirmative action" or "reservation" policies. Certain sociologists have conducted in-depth observations of our society and have identified an ethicalphilosophical concept of inequality, social hierarchy, and injustice. They have also articulated discriminatory practices such as caste-based exploitation, deprivations, and atrocities, which negatively impact historically oppressed and marginalised groups that have been in the Indian subcontinent for thousands of years. 1 R. B.
Bhagat in his article “Caste Census: Looking Back, Looking Forward” published in Economic and Political Weekly (2007) enumerated the various caste censuses in independent India, which includes a population of castes and tribes according to the central government list2. In the chapter titled "Employment under Reservation" by Sukhadeo Throat in the book "Dalits in India," the author thoroughly investigates the advancement and aftermath of reservation policies in public employment. Throat conducts a detailed analysis of the scale, trajectory, and distribution patterns of Scheduled Castes in government services, Public Sector Undertakings, and other relevant sectors3.
OBJECTIVES
1. To Evaluate the effectiveness of existing reservation policies in promoting economic
equality within the Government Jobs.
2. To investigate the socio-economic impact of reservation policies on marginalised
communities in Government Jobs.
3. To Identify the key challenges and limitations of current reservation policies in
1 Illaiah, Kancha. Merit Reservation, EPW, Vol.41, no.24, June.17-27, 2006, and also Guha, Ashok. Reservation in Myth and Reality, Economic and Political Weekly, vol.25, no.50, December,15. 1990. 2 R.B. Bhagat, Caste Census: Looking Back, Looking Forward, 42 Economic and Political Weekly, No. 21, pp. 1902-1905 (2007).
3 Throat, Sukhadeo. "Employment under Reservation." Dalits in India, SAGE Publications, 2009.
achieving economic equality.
4. To Explore alternative policy options to enhance economic equality while maintaining
inclusivity within the Government Jobs.
5. To Propose evidence-based recommendations for policymakers to reform reservation
policies to better serve the goal of economic equality in the future.
RESEARCH
METHODOLOGY
This paper applies the Doctrinal Method of Research. This research is theoretical in character as well as observational. A well-organized analysis of many ideas and points of view is provided by this work. This kind of study includes conceptualizing and expanding on how a topic and its surrounds work as well as investigating or modelling the impacts of those needs. It only takes data from secondary sources that are relevant to the issue it is trying to solve. SIGNIFICANCE OF THE STUDY
1. This paper tries to Investigate policy options for enhancing economic equality in
government jobs is significant for addressing systemic social inequality and promoting inclusivity.
2. This research contributes to policy discussions by providing evidence-based insights
into potential reforms for enhancing economic equality within government jobs.
3. This paper explains the impact of these policies on such communities within the context
of government jobs is crucial for crafting policies that genuinely empower and uplift these groups.
4. This research paper serves as a valuable resource for policymakers, providing them
with data-driven insights and recommendations for designing and implementing effective reservation policies in government jobs.
5. This research paper explores how reservation policies in government jobs can
contribute to achieving SDG targets related to economic equality, poverty reduction, social inclusion etc.
HYPOTHESIS
1. Implementing a targeted reservation policy for economically disadvantaged groups in
government jobs in India will lead to a more equitable distribution of economic opportunities and contribute to reducing economic inequality and achieving sustainability.
2. By promoting inclusivity and reducing social disparities, reservation policies can
contribute to a more cohesive society. This can lead to a more stable political and economic environment, which is conducive to long-term economic growth and increasing the percentage of reserved seats for economically disadvantaged groups in government jobs will lead to a more representative and inclusive workforce.
3. Exploring innovative approaches, such as sector-specific reservation quotas or
incentivized diversity hiring programs, will result in more equitable representation of marginalized communities in higher-paying and leadership positions within government organizations, thereby fostering greater economic parity. HISTORICAL ASPECT OF RESERVATION SYSTEM In 1902, Shahu, the Maharaja of Kolhapur, introduced educational reservations in Favor of non-Brahmin and backward classes. 4 In 1921, Mysore implemented reservations for backward castes following a decade-long social justice movement against the repression of non-Brahmin castes. The subsequent Poona Pact between M. K. Gandhi and B. R. Ambedkar ensured reserved seats for depressed castes within Hindu electorates. In 1942, the Viceroy's Executive Council recommended 8. 5 per cent reservation for Scheduled Castes in civil services, with B. R. Ambedkar as a council member.
The Indian Constitution, adopted in 1950, committed to reservations for Scheduled Castes and Tribes. In 1951, the First Amendment to the Constitution legalized caste-based reservations in response to legal challenges against quotas. In 1990, Prime Minister V. P. Singh implemented the Mandal Commission report, recommending 27 per cent reservation for OBCs. 1992 marked a significant moment when the Supreme Court imposed a 50 per cent cap on the caste-based reservation.
4 Monalisa Chandra & Pratiksha Kumar, ‘Reservation Policy in India Scope, Development, History and
Employment Rights’ (2023) 2 IJHRLR 1-58. Available at www.humanrightlawreview.in/vol-2-issue-4/.
CHAMPAKAM DORAIRAJAN CASE (1951): A PRECURSOR TO RESERVATIONS
The introduction of reservation policies by the Madras State government under Chief Minister Kumaraswamy Kamaraj aimed to address these deep-seated inequalities. However, the implementation of these policies faced legal scrutiny, culminating in the landmark Champakam Dorairajan case of 19515. the Supreme Court declared the Madras government's reservation policy unconstitutional leading to the introduction of the First Amendment to the Indian Constitution in 1951. During the Constituent Assembly debates on Article 16 of the Constitution, certain members opposed reservation, citing the principle of equality of opportunity. Ambedkar acknowledged the significance of equality of opportunity in public employment.
However, he contended that while it was an important principle in theory, there needed to be provisions to enable historically marginalized communities to access public employment opportunities. Ambedkar also emphasized the importance of limiting reservations for these communities to a minority of seats to ensure that the principle of equal opportunity remained intact. 6 MANDAL COMMISSION (1980): The Mandal Commission, established in 1979 under the presidency of B. P. Mandal, identified the need to address the social and educational disadvantage faced by Other Backward Classes (OBCs). Its key recommendation was to reserve 27% of seats in educational institutions and government positions for OBCs, aiming to broaden the application of affirmative action beyond Scheduled Castes and Scheduled Tribes.
7 It extended the reach of reservation policies, acknowledging the social and educational backwardness of OBCs and achieving social justice and equal opportunities for all historically disadvantaged communities. 8 RESERVATION SYSTEM IN INDIA Reservation in India is a government policy, backed by the Indian Constitution. Reservations
5 AIR 1951 SC 226
6 Kalyani Menon (20th May 2021) Ambedkar and the Quantum of Reservation
https://www. scobserver. in/journal/ambedkar-and-the-quantum-of-reservation/ 7AnuMeena Care Foundation (21th September 2023) https://www. linkedin. com/pulse/reservation-india-historical-evolution-constitutional-provisions/ 8Kanishka Singh (6th September 2023) The Evolution of Reservations in India: From the Champakam Case to the EWS Judgement https://sociallawstoday. com/the-evolution-of-reservations-in-india-from-the-champakamcase-to-the-ews-judgement/ in India include reserving access to posts in government, educational institutions and even legislatures for certain sections of the population. The Reservation in India was mainly provided based on Social and Educational Backwardness, but after the 103rd Constitutional Amendment, 2019, Economic Backwardness was also considered.
To maximise votes, reservation has been enacted in India based on caste, religion, and socioeconomic and educational backwardness. Approximately 60% of positions in government employment and higher education institutions in India are set aside for members of specific groups, such as ST, SC, OBC, and EWS. Reservation Category Reservation Quota (%) OBC SC EWS ST 7. 5
Articles 15 (4)9, 15 (5)10, and 15 (6)11. Equal representation of any economically weaker section (EWS) OR underprivileged citizens in state-run services. - Articles 16 (4)12 and 16 (6)13. In the case of State of Madras v. Champakam Dorairajan14, the court held that the caste-based reservations are a violation of Article 16(2). It paved the way for the 1st Constitutional Amendment and inserted Article 15(4). SC/ST Reservation The Schedule Caste are allocated 15% and the Schedule Tribes are allocated 7. 5% quota in the Government Jobs. There is a lacuna that the notion of a "creamy layer" with SC/ST reservations does not exist. This implies that children of SC/ST can avail of this reservation regardless of their parent's economic level or government posts. This is the present flaw in the reservation system that needs to be resolved and reflects negative discrimination.
In the case of Jarnail Singh v. Lachmi Narayanan15, the Supreme Court held that the exclusion of the creamy layer extends to SC/ST and also state should not grant reservation in promotion to SC/ST individuals belonging to the creamy layer. OBC Reservation The Mandal Commission Report served as the basis for the introduction of the Other Backward 9 Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
10 Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
11 Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
12 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 of citizens which, in the opinion of the State, is not adequately represented in the services under the State. 13 Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.
14 Supra note 5
15 Civil Appeal No. 629 of 2022 (Arising out of SLP (C) No. 30621 of 2011)
Classes (OBC) reservation (1991). OBCs are allocated a 27% quota for positions in government jobs. There is a notion of a "creamy layer,” in OBC reservations and those who are under the Non-Creamy Layer can avail of this OBC reservation. The Non-Creamy Layer under OBC are determined based on the income status and social status, those privileged members of OBC are excluded. This step is to check whether the subsequent generations use the reservation. EWS Reservation In 2019, the Government of India introduced new reservations for the Economically Weaker Sections (EWS) and allocated a 10% quota in Government Jobs. The EWS reservation was completely flawed because of the eligibility criteria. i. 95% of households in India earn less than Rs. 8 lakh each year, ii. 86% of households in India hold land of 5 acres or less, iii.
80% of households in India live in houses of 500 square feet or less, As of the data found, the majority of Indian households are eligible for the EWS reservation, which means they will still compete for the same seats with the same people. In Indra Sawhney Vs. Union of India16, the SC held that the reservation should be within the limit of 50% and not surpass it. A cap on caste-based reservations was introduced in this case and it held that the forward carry rule is constitutional unless not exceed 50% and it overruled the T Devadasan V. Union of India17. EFFECTIVENESS OF CURRENT RESERVATION POLICIES The reservation system for government jobs in India, existing for a substantial period, is facing scrutiny regarding its ability to promote economic equality and social justice effectively.
Questions about its efficacy have arisen, particularly concerning its impact on uplifting economically disadvantaged groups, suggesting a need for restructuring. Despite its
16 AIR1993SC477, [1992]SUPP2SCR454, AIR 1993 SUPREME COURT 477, 1992 AIR SCW 3682, 1993
LAB IC 129, (1992) 6 JT 273 (SC), (1992) 6 JT 673.1 (SC), 1992 (3) SCC(SUPP) 217, 1992 (6) JT 273, (1993)
1 SCT 448, (1993) 1 SCJ 353
17 1964 AIR 179, 1964 SCR (4) 680, AIR 1964 SUPREME COURT 179, 1964 4 SCR 680 1965 2 LABLJ 560,
1965 2 LABLJ 560
implementation, concerns persist that the system has not significantly improved economic opportunities for marginalized communities. The effectiveness of current reservation policies for economically weaker sections can be analysed across various dimensions. These policies aim to promote social mobility by enabling beneficiaries to move up the social ladder through education and employment opportunities. Economically weaker sections 'economic empowerment is another goal, which can be assessed by improvements in income levels, resource access, and overall living standards. Moreover, reservation policies are intended to contribute to inclusive growth by reducing income inequality and fostering economic development for all.
However, challenges such as concerns about efficiency, meritocracy, and the perpetuation of caste identities need to be addressed to ensure these policies' effectiveness. HINDRANCES FACED BY RESERVATION POLICIES ECONOMIC EXPLOITATION IN RESERVATION BENEFITS In the socially backward section of society, only the economically sound people take most of the benefits of the reservation and the rest of the section remains deprived due to a lack of knowledge and awareness, thus it ruins the aim of reservation, a marginalized section among the backward section remains marginalized. In this regard, the Supreme Court in the case of Jarnail Singh vs Lachhmi Narain Gupta18, held that creamy layer exclusion extends to SC/STs and, hence the State cannot grant reservations in promotion to SC/ST individuals who belong to the creamy layer of their community.
LACK OF DATA ON RESERVATION BENEFITS any quantifiable data on its backwardness relative to others, amounted to giving reservation solely based on caste and, therefore, impermissible under the Constitution. SUGGESTIONS
The Census and the Socio-Economic and Caste Census (SECC) should be taken. The government should maintain a distinct database delineating individuals receiving benefits from reservations and those who do not, with the data being accessible to the general public. This separate database should be taken every 5 years. • A new Commission need to be constituted and it should specifically deal with Reservation Policy matters. Based on the findings of the committee reports the present Reservation Policy needs to be amended. The Amendment in the Reservation policy should be made per the SECC data and the government need to reallocate the caste groups that are economically and socially worse off and those that are better off. • For the efficient implementation of the Amended Reservation Policy certain procedures need to be followed rigidly.
• Proper Verification before providing the Income Certificate, • While collecting the SECC data, the economic status and the specific caste name of the individual need to be properly recorded, • Exclusion of Creamy Layers extends to SC/ST Reservation needs to be strictly followed, • As per the data any class of person whether upper class or backward class of people needs social inclusion and if they are not adequately represented in the services of the government, they should be given priority irrespective of caste, religion etc. , • Yearly Observation of this Reservation Policy needs to be maintained,
CONCLUSION
The future of reservation policies in India for enhancing economic equality in government jobs requires a careful balance between affirmative action and meritocracy. Policy options should include implementing reservations based on economic criteria alongside or in place of castebased reservations to ensure access for economically disadvantaged individuals. Additionally, efforts to enhance education and skill development for marginalized communities, address systemic bias in recruitment and promotion processes, and promote social cohesion are crucial. Regular monitoring and evaluation of these policies, along with increased transparency and accountability, are necessary to ensure their effectiveness and promote inclusivity. Overall, the future of reservation policies in India should aim to create a more equitable society by adopting evidence-based and context-sensitive measures.