The provisions available in the Constitution of India, based on which

orders relating to reservations in services for Scheduled Castes (SCs),

Scheduled Tribes (STs)...
Critical Analysis on Reservation Policy in India

Introduction & Research Methodology

The provisions available in the Constitution of India, based on which orders relating to reservations in
services for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward Classes (OBCs) have
been issued by Department of Personnel & Training and Ministries of Social Justice of Government of
India. The provisions made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution relate to
reservation, protection and safeguards, in public employment in respect of the persons belonging to the
SCs/STs and other backward classes.

Article 16 enables the ‘State’ to make provisions for reservation of appointments or posts in favour of
SCs, STs and OBCs. However, the detailed provisions regarding the quantum and the applicability of
reservation in appointment or posts are governed by the orders issued from time to time by the
Department of Personnel &Training, Ministry of Personnel, Public Grievances and Pension, Government
of India. The applicability of reservation orders is dependent on the method of recruitment. Not only the
percentage of reservation but also the procedure of the application of reservation will depend and vary
according to the method of recruitment

However the job reservation policy has three important flaws. First, it has a "discriminatory bias against
Muslims who do not benefit from such policies". Second, it emphasises caste or tribe rather then income
or wealth:

The goal of reservation in India has been to bring about an improvement in the welfare who, historically,
have been economically and socially depressed. But, in arriving at this judgement about who should be
eligible for reservation, the criterion has been a person’s caste rather than his income or wealth.
Consequently, groups belonging to what Article 115 of the Indian Constitution calls “socially and
educationally backward classes” have benefited from reservation even though, in practice, many of these
groups could not be regarded as “backward”. This has meant that many of the benefits of reservation have
been captured by well-off groups from the depressed classes (for example, chamars from the SC) while
poorer groups from the depressed (for example, bhangis from the SC) have failed to benefit.

Statement of Problem / Research Question

However the job reservation policy has three important flaws. First, it has a "discriminatory bias against
Muslims who do not benefit from such policies". Second, it emphasises caste or tribe rather then income
or wealth:

The goal of reservation in India has been to bring about an improvement in the welfare who, historically,
have been economically and socially depressed. But, in arriving at this judgement about who should be
eligible for reservation, the criterion has been a person’s caste rather than his income or wealth.
Consequently, groups belonging to what Article 115 of the Indian Constitution calls “socially and
educationally backward classes” have benefited from reservation even though, in practice, many of these
groups could not be regarded as “backward”. This has meant that many of the benefits of reservation have
been captured by well-off groups from the depressed classes (for example, chamars from the SC) while
poorer groups from the depressed (for example, bhangis from the SC) have failed to benefit.

Objective
The objective of this project is:
Ø To study the implementation of reservation policy.
Ø To find out the actual need of the reservation policy.

Hypothesis
The researcher has made certain assumption in the beginning of the research project which are going to be
tested during the project, they are the following.
Ø The reservation policy for jobs for SC & ST should be changed. As there is vast change in today’s
condition.
Ø The reservation policy should be based on the economical basis not on the class or caste basis. If it
caste based then we are only creating discrimination with them.

Scope Of The Study

The research is a doctrinal research. The researcher here would like to study only the judicial viewpoints
in the appointment of SC & ST in various jobs in public and private sector. The researcher has tried to
analysis the topic by studying various authors, experts, cases of The Indian Apex Court and High courts,
articles, etc. The researcher has strictly followed the boundary and has studied only with reference to
Indian authors, experts, cases, etc.

Welfare Schemes
Information is also collected in respect of benefits accruing under different central/state sponsored
schemes to Scheduled Tribe Workers and their families. The concepts of sub-plan approach for tribal
development are being formulated and implemented in the state since the beginning of the 5th plan. The
blocks having 50 per cent tribal concentration are brought under the umbrella of the tribal Sub-Plans. The
tribal Sub-Plan envisages the integrated development of the Tribal area in which all programmes
irrespective of their source of funding operate in unison to achieve a common goal or bringing the area at
par with the rest of the state and to improve the quality of life of Tribals. Integrated Tribal Development
Agencies were formed to co-ordinate implementation of various Schemes.

There are some other social welfare schemes in vogue in the state viz. Old Age Pension/WP, National Old
Age Pension Scheme, Gujarat Disability Pension Scheme, National Family Benefit Scheme, Personal
Accident Insurance Social Security Scheme, Supply of Special Aids and Appliances to Handicapped
persons and scholarships to disabled students. It has been reported that Scheduled Tribe families were
benefited by these schemes in Schedule Tribe belt area. Gujarat Scheduled Castes and Scheduled Tribe
Development Finance Corporation was providing economic assistance to SC/ST families living below the
poverty line by way of arranging institutional credit under the Margin Money Loan Programme (MMLP)
for various income generating schemes. Apart from the above schemes, Scheduled Tribe students were
given scholarships, books, boarding and lodging facilities to the eligible students in order to promote
literacy and education amongst Scheduled Tribes.

Two types of schemes were run by the Labour Welfare Organization in Gujarat, one for the direct benefit
for workers and the other for managements. The schemes for direct benefit of Schedule Tribe workers
pertain to health, housing and education. Under health sector there are schemes for the benefits of T.B.
patients, Leprosy patients, Mental Patients, schemes for supply of free spectacles, scheme for Cancer
patients, schemes for reimbursement of expenditure as financial assistance to S. T Workers suffering form
heart disease, kidney transplantation etc and fatal and serious accidents benefits scheme. Under these
schemes different type of benefits like free treatment, medicines, subsistence allowance, traveling
allowance, diet charges, reimbursement of expenditure, financial aid etc. are given to the Scheduled Tribe
workers. Under housing sector assistance upto Rs.40,000/- is provided to Scheduled Tribes to construct a
new house or repair of the old house with some conditions. In additions to the above welfare schemes, the
following schemes run by the office of Vigilance Officer for the Tribal development for the development
of the Scheduled Tribe are in four parts (1) Education (2) Economic development (3) Health and housing
(4) Administration, Directions etc.

Education Scheme
Examination Fee: The students in SSC and equivalent standard appearing in the SSC board examination
are provided with examination fee ranging from Rs 170/- to Rs. 200/- Scholarship: Students with 38 per
cent results in Govt. Schools, Govt. recognized schools and with 45 per cent result in Private Schools
were given yearly scholarship of Rs.125/- to Rs.200/- per year. Tuition fee of Rs.250/- p.m. paid to the
students whose parents/guardian income was less than Rs.24000 p.a. Scholarship were also sanctioned to
girl students whose family income exceeds between Rs.50,920 p.a. Engineering medical & B. Sc(Agri)
Diploma courses are given Rs.510 to Rs.740/- for Residential hostel, while for the day scholars it is
Rs.330/ p.m. In addition to the above narrated schemes the following schemes are also in vogue (i) free
uniform (ii) food assistance scheme (iii) free Bicycle scheme (iv) financial assistance to medical and
engineering students to purchase educational equipments upto Rs 1000/- (v) cash payment scheme to S.
T. college students and (vi) Balwadi scheme in which 90 per cent to 100 per cent Grant-in-aid was
provided. Under the housing sector, assistance upto Rs.40,000 is provided to Scheduled Tribes to
construct or purchase a new house or repair of the old house.

Some of the other welfare schemes are also functioning like Social education camps are arranged to
educate the S.T people to take out from backwardness and to give information about these schemes and
for these camp Rs.5000/- has been sanctioned. The Public cell Scheduled Tribe Atrocities Assistance also
provides atrocity assistance. Kunwar bair Noo Mameroo assistance and Saat Phere Samooh Lagna
scheme were also in vogue and Rs.1000 to Rs.5000 are given.

Reservation In Service For Sc & ST

In this Unit we shall discuss the provisions available in the Constitution of India, based on which orders
relating to reservations in services for Scheduled Castes (SCs), Scheduled Tribes (STs) and other
Backward Classes (OBCs) have been issued by Department of Personnel & Training and Ministries of
Social Justice of Government of India. The provisions made in the Articles 16, 335, 338, 340, 341 & 342
of the Constitution relate to reservation, protection and safeguards, in public employment in respect of the
persons belonging to the SCs/STs and other backward classes.

3.1 Constitutional Provisions

Every Constitution has philosophy of its own. The Preamble of our Constitution proclaims the resolution
of PEOPLE OF INDIA to constitute India into a SOVEREIGN, SOCIALIST, SECULAR AND
DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all ; FRATERNITY assuring the
dignity of the individual and the unity and integrity of the Nation. The ward 'social justice' in the
Preamble implies recognition of greater good to a larger number without deprivation of legal rights of
anybody.

The concept of equality, enshrined in the Preamble has also found expression as a fundamental right in
Article 14 to 16, which we shall discuss in the next section.

3.1.1 Right To Equality-Article 14

The Article 14 of the Constitution is one of the fundamental rights of the Constitution of India. Let us
now know about this Article. Article 14 of the Constitution reads: “The state shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India" What do the two
phrases in this Article namely “equality before the law” and “equal protection of law” mean? On the face
of it the two phrases may seem to be identical, but in fact, they mean different things.

While “Equality before the law” is negative concept; “equal protection of laws” is a positive one. The
former declares that everyone is equal before law, that no one can claim privileges and that all classes are
equally subject to the ordinary law of the land. “Equal protection of Law”, on the other hand means, that
among equals, the law should be equal and equally administered. That like should be treated as like. Or in
other words, persons differently circumstanced need not be treated in the same manner. For example
‘Equal protection of Law’ does not mean that every persons shall be taxed equally, but that persons under
the same category should be taxed by the same standard. The guarantee of “equal protection” thus is a
guarantee of equal treatment of persons in “equal circumstances” permitting differentiation in different
circumstances. If there were a reasonable basis for classification, the legislature would be entitled to make
different treatment. Thus, the legislature may (i) exempt certain classes of property from taxation at all,
such as charities, libraries etc; (ii) impose different specific taxes upon different trades and profession.

Illustration of reasonable classification: Yusuf V. State of Bombay, AIR.1954 S.C.321

3.1.2 Safeguards for public employment(Art-16)

In the previous section we learnt about Article 14 and the doctrine of equality”. In this Unit we will learn
in detail about Article 16, which is regarding equality of opportunity in the matter of employment under
State Article 16 of the constitution provides for equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the state. Article 16 reads as under:
Clause(1):There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.

Clause(2):No citizen shall on grounds only of religion, race, caste sex, descent, place of birth, residence
or any of them, be ineligible for, or discriminated against in respect of any employment of office under
the State.

Clause (3): Nothing in this article shall prevent Parliament from making any law prescribing, in regard to
a class or classes of employment or appointment to an office under the Government of or any local or
other authority within, a State or Union Territory, any requirement as to residence within that State or
Union Territory prior to such employment or appointment.

Clause (4)- 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".

Clause (4-A): Nothing in this article shall prevent the State from making provision for reservation in
matters of promotion to any class or classes of posts in the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately
represented in the service of the State.

Clause (4-B): Nothing in this article shall prevent the State from considering any unfilled vacancies of a
year which are reserved for being filled up in that year in accordance with any provision for reservation
made under clause (4) or Clause (4-A) as a separate class of vacancies to be filled up in any succeeding
year or years and such class of vacancies shall not be considered together with the vacancies of the year in
which they are being filled up for determining the ceiling of fifty percent reservation on total number of
vacancies of that year (Constitution 81stAmendment Act, 2000).

3.1.3 Limitations of the Safeguard-Article 335

Article 335 of the Constitution originally read as under:- “ The claim of the members of the Scheduled
castes and the Scheduled Tribes shall be taken in to consideration, consistently with the maintenance of
efficiency of administration, in the making of appointments to services and posts in connection with the
affairs of the Union or of the State.”

The Hon’ble Supreme Court has held in a number of cases, that Article 335 operates as a limitation to the
provision contained in Article 16(4) though Article 16(4) does not specifically refer to Article 335 or raise
any question of maintenance of efficiency of the administration. Thus, reservation for the backward class
will be struck down as violative of Article 14 and 16(1), if it is unreasonably excessive. While forming an
opinion for making reservations the State shall also take cognisance of the limitation set out in Art.335
i.e. whether making reservation is consistent with the maintenance of efficiency of administration. 82nd
Amendment Act, 2000, amended the Article 335. The background for the amendment was that the
Hon’ble Supreme Court in the case of S.Vinod Kumar Vs. U.O.I had held that the various instructions of
Government providing for lower qualifying marks/lesser standard of evaluation in matter of promotion
for candidates belonging to SC/ST are not permissible in view of the provisions contained in Article 335.
In view of this decision the various orders regarding lower qualifying marks/standard of evaluation for
SC/ST in the matter of promotion were withdrawn by the Government w.e.f. 22.7.97. However, the
Parliament decided to once again restore the relaxations and concession in promotion and the following
proviso to Art.335 were added:- “Provided that nothing in this Article shall prevent in making of any
provisions in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in
qualifying marks in any examination or lowering the standards of evaluation, for reservation in maters of
promotion to any class or classes of services or posts in connection with the affairs of the Union or of a
State”

3.2 Percentage of reservation

The percentage of reservation for each category viz. SC, ST and OBC in Promotion and Direct
Recruitment as these are the only two methods of recruitment to which the orders on reservation are
applicable. In general of SC it is 15%, for ST it is 7.5% & for OBC it is 27%

3.3 Reservation In Direct Recruitment

In the previous Unit, we learnt about the three categories of direct recruitment viz. (i) All India basis by
open competition (ii) All India basis otherwise than open competition and (iii) recruitment to Group ‘C’
and ‘D’ posts normally attracting candidates from a locality or region. Until September 1993, in the
method of ‘Direct recruitment’, reservations of posts were only for SCs and STs. From September 1993
reservation for OBCs has also been provided in the case of direct recruitment. The percentage of
reservation for SC, ST and OBC is different in each of the three types of direct recruitment and is shown
in

the table-1 below: -

Sr. No. Category Share of Entitlement

SC ST OBC

Direct recruitment on all- 15 7.5 27

India
1
basis by open competition

2 Direct recruitment on all- 16 2/3 7.5 25.84

India

basis otherwise than by open

competition
3 Direct Recruitment to Group Generally in proportion to the population of

‘C’ & ‘D’ posts which SCs, STs and OBCs in the respective
normally
States/Union Territory.
attract candidates from a

locality or region

Table 1

%age in Recruitment made through Staff Selection Commission (SSC) by Open Competition In the
previous section we learnt about the percentage of reservation in the three types of direct recruitment. So
far as recruitment by Staff Selection commission is concerned, the percentage of reservation is further
governed by the OPT’s O.M.No .36011/9/82-Estt.(SCT) dated 8.2.83.

The examination conducted by SSC involves a mixture of following two kinds of nomination: -

1. On the basis of a single common All India list and;

2. On the basis of zone-wise lists
(the whole country having been divided into a number of zones where each zone corresponds more or less
to a State/U.T) drawn up in accordance with the centre-linked-zonal scheme under which candidates are
eligible to be considered for appointment to posts in offices located in the Zone in which the centre of
examination opted by the candidates falls, though the examination is common . where they have taken the
examination. In view of this the percentage of reservation applicable in case the recruitment is through
SSC can be put in tabular form as under:-

Recruitment Made Through SSC

RECRUITMENT MADE THROUGH SSC

Share of Entitlement

Sr. Method
SC ST OBC
No.

1 Organisations, which 15 7.5 27

receive candidates
from a single
common

All India, list.

2 Organisations which
receive candidates
from the list Proportion to the population of
prepared SC/ST/OBC of State.
by SSC on the basis
of Centrelinked
zonal basis

3 Organisations Roster to be drawn up in consultation

spreading into
with DOPT taking into consideration
more than one
State/Union the population of SC/ST/OBC in such
Territory areas

The percentage of reservation for SC, ST and OBC in respect of each State and Union Territory has been
prescribed by the Department of Personnel & Training and is available in the ‘Brochure on Reservation in
Service’ (8th Edition) at P.P 494-502)

For example the percentages of the following States are Andhra Pradesh - 15 SC/ 06 ST/ 27OBC
Karnataka - 15 SC/ 05 ST/ 27 OBC Tamil Nadu - 19 SC/ 01 ST/ 27 OBC

Manipur - 01 SC/ 27 ST/ 22 OBC Sikkim - 06 SC/ 23 ST/ 21 OBC West Bengal - 22 SC/ 06 ST/ 22 OBC

3.4 Percentage of reservation in promotion

In the previous section we learnt that the percentage of reservation in the case of direct recruitment varied
according to the various types of direct recruitment. However, the percentage of reservation in promotion
is uniform i.e. 15% for SC and 7.5% for ST, irrespective of the mode of promotion.

We had seen in the case of direct recruitment that reservation is applicable to all level of posts. Is the
position same in the case of promotion also? The answer is ‘NO’.

In seniority-cum-fitness mode, reservation in promotion is applicable to all level of posts i.e. in Groups C
& D, Group C to Group B, within Group B, from Group B to Group A and within Group A. But in
selection mode, reservation is NOT applicable in promotion within Group ‘A’. Promotion “Within Group
A “ means, that the lower post (feeder post) and the higher post to which promotion is taking place, both
belong to Group ‘A’.

The applicability of reservation in various modes of promotion can be indicated in the table-3 below: -

Mode of promotion Reservation applicable:

 YES NO

Limited Departmental Competitive Yes

Examination (LDCE):

Groups B,C & D.

Seniority-cum-fitness: Yes

In all groups (Groups A, B, C & D.)

selection Groups C & D, Group C to Group Yes

B,

within Group B, from Group B to

lowest rung of Group A.

Lowest rung of Group A to higher No

group A posts.

In the table-3 you can see that reservation in “Selection” mode is applicable upto the lowest rung of
Group ‘A’. The lowest rung of Group A can either be the scale of Rs.8000-13500 (pre-revised 2200-
4000) or could be 10000-15200 (pre-revised 3000-4500) , depending on whether the promotion in the
particular service takes place from group ‘B’ to 8000- 13500 or directly to 10000-15200 For example in
the Central Secretariat Service, Section Officers (Rs.6500- 10500, Gp.’B’) with 8 years of service are
eligible for promotion to the post of Under Secretary ( Rs.10000-15200, Gp.’A’) and there is no
intermediate scale of pay of Rs.8000-13500. Thus in the CSS, the lowest rung of group A will be 10000-
15200 and reservation is applicable in the promotion from Section Officer to Under Secretary8.

3.4.1 Concession In Promotion

In the previous section we have learnt that in promotion reservation is not applicable in only one situation
i.e. if the mode of promotion is by selection and promotion is taking place within group ‘A’. Although
there is no reservation in such cases and, therefore, no posts are reserved for SC or ST but a ‘concession’
is available to SC/ST employees. In the next paragraph we will learn what is this ‘concession’. But it is
important to understand that the ‘concession’ is available only in promotion by selection within group ‘A’
which carry an ultimate salary of Rs.5700 (pre-revised scale) or less p.m.

The concession available to the SC/ST Officers is, that those SC and ST Officers who are senior enough
in the Z.O.C so as to be within the number of vacancies for which the select list has to be drawn, would
be included in that list provided they are not considered unfit for promotion.

Critical View on Reservation policy and Conclusion

Now we have seen that government had kept various welfare schemes for the SC and ST in india. If we
take few examples than reservations in educational systems, land allotments for residents( free of cost),
agricultural land allotted free of cost for farming etc.

I believe that there should be reservation in the educational system of india. Due to which they can also
get good and higher education, but at the time of the jobs/ public service there should be n reservation. A
person has got almost 22 to 25 years benefit of reservation policy and had completed his studies. Now he
should stand on his own feets and should face the competition in the market. They have got all the things
which a person born in other cast has got by now.

If government still wants to keep reservation policy then now it should not be based on caste or class, it
should be based on the annual income of the person. If the person is earning less than he requires more
money for his family and children and this thing he can get only by a job or in public service.By this
means only such persons can provide good education to their children.

Judiciary has played great role in the reservation policy. The great example of this N Nagrajan’s case,
Ashok Kumar Thakor, and Indira Shawnay’s case. In this cases , supreme court has given passing
reference to the reservation on the SC & ST in jobs. But Supreme court has said that reservation should
not increase then 50% in any condition but in most of North Eastern state this reservation is increased to
85% and still they have started a move to increase it to the 95% and court is not taking any steps against
it. By this way we can see that judiciary is also palying a role in increase of reservation for SC & ST.

Now days politicians are playing a major role in reservation policy.The reservation policy was only for 10
years afer the independence, for upiftment of SC and ST but till now it is continue and no one has taken
any step to amend it or revise it or to change it. The reason behind this is the population of SC and ST in
country. Nearly 33% voting is done by SC and ST so now if they make any change in the reservation
policy against the SC and ST then they have to suffer a lot for the same. So they are not taking any steps
against the reservation policy.

Now if you consider the theory of john rawles of justice then he has clearly said that “starting line should
be / must be the same for all the Persons.” By providing reservation in the educational systems we are
giving the same line to all the persons. He further also said that by providing equality in education they
are providing equal chance to start to all the persons and further there is no need of reservation in service
also.

I am totally agreed with the viewpoint of john rawles on reservation. Policy and there is clear need of
revising the present reservation policy.

Bibliography
Books
# J.N.Pandey, The Constitutional Law of India, 46th Ed. Reprint 2009
# Raju .C.B, Social Justice & The Constitution of India (with reference to sc’s and st’s)
# Ram Ahuja, Social Problems in India
# Social Problems in India,Author – Ram Ahuja
# SE_GUJARAT 06-07_CHAPTER IX
# Pandey, J.N., the constitutional law of India
# Raju.C.B., Social Justice & The Constitution of India (with reference to sc’s and st’s)
# Sandeep Mukherjee, Institute of Secretariat Training & Management