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CONSTITUTIONAL GOVERNANCE AND SECULARISM

RESERVATION

ABSTRACT

Caste based differentiation is still prevailing in our country. At the beginning it was rooted in race and developed based on occupation in tuning with the feudal society. The cast based reservation system has radiated many discussions, controversies and riots both in favour and against the policy. Some of the people believe that the system can protect and uplift the backward communities in the society. At the same time some argues that caste based reservation cannot change the condition of these communities. The caste based reservation policy contradicts the principle of secularism which is the main mantra of our nation rather that boosting up the weaker communities in the country. This paper analyses how caste system originated, its history, post independence scenario and the measures taken by the Government to uplift the weaker sections of the society. Further it also makes an attempt to study the reservation and quota system in the country, also its impacts. The paper examines whether the existing system of reservation protects the backward communities or not. It also suggests that these reservation quotas should be based on economic criteria rather than caste based so that people of the weaker section will be benefited.

ACKNOWLEDGEMENT

We would like to take this opportunity to express our gratitude to all those, who have directly or indirectly guided and helped us in doing this paper. First of all we would like to thank God almighty who bestowed us the ability and potential to complete this paper. Second, we would like to thank Smt. Vinatadevi Tope Social Service League of Government Law College, Mumbai for this great opportunity. Thirdly we sincerely thank our dean of “VIT Law School Chennai and MNLU Aurangabad for providing us a platform to express our views. We would also like to express our sincere gratitude to our professors Dr.Subhakar Reddy (VIT Law

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School, Chennai). We are thankful and fortunate enough to get constant support, encouragement and guidance from all our friends who helped us in successfully completing our paper. Finally our family members, without their immense support the completion of this paper would have been impossible.

INTRODUCTION

Reservation is the process of allotting some percentage of seats for the members of backward

and under-privileged communities.

. In India these groups are traditionally arranged in hierarchical

order. This arrangement of order is called Chatur Varna system. According to this system people were divided as Brahmans; priests and the learned class, then Kshatriyas; rulers and warriors including property owners, Vaishyas; traders and Shudras; labourers. The untouchable people occupy a space which is outside the Varna system. Their jobs considered them to be impure and hence they are called untouchables. These people were not even allowed in temples and other public places. These people have faced a lot of harassment and

discrimination from the dominant castes.

Caste is a social term which means a group of people

having a specific social rank

The practice of untouchability was legally

abolished by the Indian constitution and brought measures for positive discrimination in

educational institutions and public services for backward classes who lie within the caste

system
system

. Reservation based on caste was brought up for the upliftment of under-privileged

classes of people. The constitution enforced these policies to provide more opportunities for the betterment of these people. The Government’s approach towards the backward classes was been shaped by the provisions in the constitution which guarantees equality before law and permits the state to make special provisions to promote the educational and economic interests of the backward classes and to give legal and other safeguards against discrimination. According to article 15(4) the state has reserved seats for SC/ST students in educational institutions. These provisions are encouraged by a number of financial schemes like concession in fees, scholarships, grants for books, remedial coaching etc. 1 There are different types of reservation like reservation for women, physically challenged, economically backward class, scheduled caste and tribes etc. as the time passes its meaning and the way it has been understood by the people has made us think that it is not used in

1 Suma Chitnis, (1972)” Education for Equality: Case of Scheduled Castes in Higher Education”, economic and political weekly, Vol. 7, No. 31/33, pp. 1675-1681, http://www.jstor.org/stable/4361677

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proper way for what it was made. Caste has become a tool in the hands of the Government for their political ends. The objective of upliftment of backward class has been overtaken by the greed for personal need and growth through segmentation and politicization of castes and new additions are being made to the list due to political pressure instead of any analysis to identify the backward classes.

REVIEW OF LITRETURE

In this paper we have referred to some of the research papers regarding the topic for reference

and guidance.

has studied about

Brij Raj Chauhan (1975) “Scheduled Caste and Education”

Brij Raj Chauhan (1975) “Scheduled Caste and Education” the spread of education among scheduled castes and

the spread of education among scheduled castes and identified the problems faced by them to

avail education.

C Parvathamma (1982) “Housing in Rural Karnataka”,

has examined the

condition of the scheduled castes and scheduled tribes and referred to the dominance of upper

class in higher education. Anirudh Prasad (1991) “Reservation Policy and Practice in India” has studied that the society is segmented between reservationists and anti-reservationists and infighting has encouraged casteism to evolve as the largest political party. Haroobhai Mehta and Hasmukh Patel (1991) “ Dynamics of Reservation Policy “, highlighted the issues regarding the reservation for scheduled castes, scheduled tribes and other backward classes

and also analyzed the need for the implementation of reservation policy.

Hirmanmay

Karlekar (1992) “In the Mirror of Mandal: Social Justice, Caste, Class and the Individual”

,

studied and analyzed the concepts of caste and class and explained what constitutes social justice. S.N. Singh (1996) “Reservation Policy for Backward Classes”, studied the reports of SC/ST/OBC commissions of Government of India and referred to some of the judgements by the Supreme Court and High Court regarding reservation and further studied the role of judiciary in protective discrimination. B.K Roy Burman (1992) “Beyond Mandal and after” studied the social and political process in the colonial period which resulted in the framing of the constitution and about the positive discrimination in favour of the backward classes in the Indian population. R. G Misra and Gurvinder Kaur (1990) “Reservation Policy and Personnel Selection”, examined the efforts made by the constitution framers, also discussed the roster system, special development measures to help the entry of the backward classes in educational institutions, services and determined their impact. A .K Vakil (1975) “Reservation Policy and Scheduled Castes in India”, studied the various elements of reservation policy with the perspective of constitutional ideology and its implementation. He also recommended certain ideas to make the reservation policy more acceptable by analysing its impact on education, employment and economic conditions. Jacob Aikara (1980)

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“Scheduled Castes and Higher Education” studied about the scheduled castes college students in Bombay. The author found out that in comparison with the non- scheduled caste students the scheduled castes students are inferior in education, occupation, economic and academic background. There was a high rate of stagnation and dropouts among scheduled castes students than the non- scheduled castes students. R Santakumari (1980) “Scheduled Castes and Welfare –Measures “, concentrated on various parameters of scheduled caste communities in Kerala State. Mahendrakumar Meshram and V.J. Nandapurkar (2012) “Educational Development of Scheduled Caste and Scheduled Tribe”, studied that education is the main factor of development and how can it be brought out effectively for the betterment of the country. Soran Singh (1987) “Scheduled Castes of India: Dimensions of social change”, examined the changes in socio-economic conditions of the scheduled tribes in jaunpur district situated in eastern U.P.

CASTEISM - FROM 18 th century India to independent India

EARLY VEDIC TO SECOND URBANISATION: EVOLUTION

The caste system what we see today, is

a complex form of the two basic divisions of the early

Vedic society. The Aryan and the indigenous people, both of these classes were divided on

the basis of two distinguished qualities: Racial differences - The indigenous people were

relatively of darker complexion than the Aryans , also the Aryans were people of pastoral

nature so they constantly kept on raiding and invading the strongholds of the indigenous

people .Language differences - The Aryans spoke Indo-Aryan .

Gradually after the invasion, aryans changed their lifestyle. From being people of a pastoral tribe they became settled and started doing agriculture, this was a huge change and changed the course and dynamics of the society of that period of time. The Aryans started mixing up with indigenous people and the society started coming into being .The indigenous people were known as the dasas.

This dasas, had a different definition then what it became after few centuries, I.e. slaves. Dasas at this time meant the indigenous people.

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The early vedic tribes needed a protector to ensure the safety of the tribe and the cattle, so this led to the development of a warrior clan, “Vis”, “Vispati” or the tribe chief known as Raja.

The class of Aryans who knew the Rig-Veda went onto become the priests as everything based on the Vedas and it was an integral part of the society.

Thus, this is how the ‘Varna’ system was coming into shape.

Towards the end of the Atharvaveda period, new class distinctions emerged. The erstwhile dasas are renamed Shudras, probably to distinguish them from the new meaning of dasas slave. The aryas are renamed Vis or Vaishyas (meaning the members of the tribe) and the new elite classes of Brahmins (priests) and Kshatriyas (warriors) are designated as new Varna’s. The Shudras were not only the erstwhile dasas but also included the tribes that were assimilated into the Aryan society gradually due to expansion in the gageticplains. 2

Later Vedic period (1000–600 BCE) In the late vedicperiod, the Varna system became

more prominent and the society became

more complex. Now, the Varna system had many subdivisions as well

. The artisans also

came under the category of shudras. Now Varna’s started to determine the type of job one

does and everything slowly started being based on hereditary.

Second urbanization (500–200 BCE)

Our knowledge of this period is supplemented by Pali Buddhist texts. By this time

geographical divisions became more important than tribal divisions.

The concept of area

came and the position of ‘raja ‘became more important and was just not a mere protector but was also responsible for the governance. TheBrahmanical texts speak of the four- fold Varna system - The Brahmins, kshatriyas, vaishyas and the shudras. In the Buddhist texts, Brahmin and Kshatriyas are described as jatis rather than Varna’s. They were in fact the jatis of high rank. The jatis of low rank were mentioned as chandala and occupational classes like bamboo weavers, hunters, chariot-makers and sweepers.

The Brahmin class maintained its superiority and was the highest in the social order and had

the right to use the lower class for any

of biological birth common to all men and asserts that the ability to draw service is obtained

work. Buddha responds by pointing out the basic facts

2

Thapar, R. (2015). The Penguin history of early India: from the origins to AD 1300. Penguin UK.

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economically, not by divine right. Using the example of the northwest of the subcontinent,

Buddha points out that aryas could become dasas and vice versa. This form of s

ocial mobility

was endorsed by Buddha .Thus; the emergence of Buddhism was a turning point and affected

the social order remarkably.

Medieval era, Islamic Sultanates and Mughal empire period (1000 to 1750)

This was an era of change as new cultures and religion came to India and this led to the creation of a something unique. The continuous invasions by Islamic rulers, also , years of maurya , gupta and rajput rule had changed and redefined the social status of many sub caste and the social order of the society . Now, the battles and invasion happened on a large scale and therefore classes like the warrior was not confined to the Kshatriya Varna. The troops

had along with the kshatriyas , the vaishyas and the shudras too .

Peter Jackson, a academic of

Medieval History and Muslim Asian nation states that, contrary to the theoretical model of

caste wherever Kshatriyas solely may be warriors and troopers, historical proof confirms that

Hindu warriors and troopers throughout the medieval era enclosed different castes like

Vaishyas and Shudras

.

3

Jamal Malik states that caste as stratification may be a well-studied Indian system, nevertheless proof additionally suggests that hierarchal ideas, category consciousness and stratification had already occurred in Islam before Islam arrived in Asian nations.

F caste, or 'qaum' in Islamic literature, is mentioned by a couple of Islamic historians of medieval Asian nation, states leader; however these mentions relate to the fragmentation of the Muslim society in Asian nations. The medieval era Islamic Sultanates in India utilized social stratification to rule and collect tax revenue from non-Muslims. Eaton states that, "Looking at Bengal's Hindu society as a whole, it seems likely that the caste system – far from being the ancient and unchanging essence of Indian civilization as supposed by generations of Orientalises – emerged into something resembling its modern form only in the period 1200–1500"

Post Mughal era: the eighteenth century

3 Sharma, R. S. (1958). Shudras

In Ancient India.

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.The colossal Mughalrealm, the envy of its peers for right around two centuries, declined and crumbled amid the primary portion of the eighteenth century.

By 1803 Delhi was occupied by the British army and the proud Mughal emperor was reduced to the status of mere pensioner of a foreign power.

After this, several other powers within the span of 1600-1800 rose and fell and ultimately came under the control of the British.

The study of the process of the decline of all these empires and powers is an instructive one , and reveals the flaws in the economic , political , technological , statesmanship and the social aspect .

The social aspect had been and has been the most important reason or aspect responsible for the chane I the conditions of India.

In the case of Mughals, Aurangzeb was not willing to accept the Maratha power; also he could not sustain the relation between the rajputs and the Mughal Empire.

People at this time were divided by religion, region, tribe, language and caste, who formed a tiny minority of the total population, was in many aspects not quite the same as the life and

culture of the lower classes.

Therefore, the upper class of Hindus as well as Muslims shared

the same status and was more similar and the same happened with lower class Hindus and

Muslims.
Muslims.

Before the British conquests, in the eighteenth century the Indian society which comprised of mainly Hindus and Muslims was more divided on the basis of classes or castes rather than religion.

The rulers of the eighteenth century for example, MurshidQuili khan in Bengal, Tipu Sultan in Mysore, the rulers of Awadh, Hyderabad had Hindus as their high officials and in some cases, as their prime ministers. For example, the state of Hyderabad ruled by Nizam-ul- mulkAsafJah had Puran Chand as hid Dewan.

Caste was the central feature of the social life of the Hindus .Aside from the four Varna’s; Hindus were partitioned into various ranks which differed in their nature from place to place. The caste system rigidly divided people and fixed them in a particular place in the social scale.

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India in the eighteenth century became a land of contrast, extreme poverty existed side by side with extreme riches and luxury .On the one hand, there were rich and powerful nobles steeped in luxury and comfort and on the other hand backward, oppressed and impoverished peasants living at the bare subsistence level and having to bear all sorts of injustices and inequities.

“Even so the life of the Indian masses was by and large better than it was after over hundred years of British rule at the end of the nineteenth century.”

BRITISH ERA

During the course of Indian conquest, the British changed the socio-political situations of the Indian society, changed the definitions of the existing societal divisions.

Although the Varna’s and Jatis have pre-modern origins, the caste system as it exists today is the result of developments during the post-Mughal period and the British colonial regime, which made caste organisation a central mechanism of administration.

Caste had been much fuzzier, a much more fungible identity in the past. The whole notion of the ChaturVarna system being imposed as the only way India was supposed to be was because of the British looked at it that way. "So the Brits in the whole procedure of attempting to comprehend India ordered and systematized things - it was a method for controlling India."

POST INDEPENDENCE:

Societal stratification, and the inequality that comes with it, still exists in India, and has been thoroughly criticized. Government policies aim at reducing this inequality by reservation, quota for backward classes, but paradoxically also have created an incentive to keep this stratification alive.

Loosening of caste system

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Leonard and Weller have overviewed marriage and genealogical records to ponder examples

of exogamous between station and endogamous intra-position relational unions in a territorial

populace of India in 1900– 1975. They report a striking nearness of exogamous relational unions crosswise over position lines after some time, especially since the 1970s. They

propose instruction, financial advancement, portability and more collaboration between youth

as conceivable purposes behind these exogamous relational unions.

A 2003 article in The Telegraph guaranteed that between station marriage and dating were

regular in urban India. Indian societal and family connections are changing a direct result of female proficiency and training, ladies at work, urbanization, the requirement for two-pay families, and worldwide impacts through TV. Female good examples in legislative issues, the scholarly community, news coverage, business, and India's women's activist development

have quickened the change.

Caste-related violence

Independent India has witnessed caste-related violence. According to a 2005 UN report, approximately 31,440 cases of violent acts committed against Dalits were reported in 1996. The UN report claimed 1.33 cases of violent acts per 10,000 Dalit people. For context, the UN reported between 40 and 55 cases of violent acts per 10,000 people in developed countries in 2005.One example of such violence is the Khairlanji massacre of 2006. 4

MEASURES TAKEN BY THE GOVERNMENT TO COMPAT TO THESE ISSUES

Caste is the all-ubiquitous feature of Indian society. Varna is a predominant concept underlying the Hindu society. It isn't just about the way how society is organized yet in addition it has turned into a piece of a man's personality. The modern day class and caste conflict in India follows its root to the Varna system. Under the caste system the Brahmins placed top of the hierarchy followed by kshatriyas, vaishyas, and shudras not only in terms of

social position but also in terms of economy, education and so on.

In India reservation was

prevailing even before the independence. In the year 1882 a commission called the hunter

commission was appointed, where Mahatma Jyotirao Phule made a demand for free and

compulsory education for all on the basis of reservation or representation in the government

job.
job.

Maharaja of Kolhapur in Maharashtra in the year 1902 introduced reservation in favour

4 Engineer, A. (Ed.). (1997). Communal riots in post-independence India. Universities Press.

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of the backward classes to eliminate poverty and give them opportunity to take part in the state administration. This created a fifty percent reservation for backward classes or communities in the state of Kolhapur. This notification was the first government order to

bring them up.

In the year 1921 Madras presidency introduced communal G O in which 44%

reservation for non-Brahmins, 16% for Brahmins, 16% for Muslims, 16% for Anglo Indians

. After independence the constitution of India came

into force in 1950. The Kalelkar commission was introduced to determine the situation of the people who were socially and educationally backward. In the year 1963 the court has put up

50% on reservations. 5

or Christians and 8% for scheduled castes

The Mandal commission was introduced in 1979 and in 1980 they

submitted a report and recommended to bring up changes to the quotas that existed which

increased from 22% to 49.5%.Mandal commission recommendations were implemented in

government jobs

by Vishwanath Pratap Singh in 1990. There was a separate

10% reservation

for the poor among the forward castes

which were put up by the Narasimha Rao government

in 1991.The constitution of India made a provision under article

341 which clearly says about

the social groups which were to be treated as SCs by the Indian Government and States.

Article 15(1) and (2) specifically mentions that there should not be any restrictions on the

basis of religion, caste, race, sex or place of birth of a person to access or use public places.

Article

15(3) and (4) are the foundation of reservation in the country which empowers the

state to make special provisions for women, children and for the upliftment of social and

educational backward or SC/STs respectively

. Article 15(5) was made to provide reservation

for admission in educational institutions including schools and colleges even if t aided or not aided by the government. To protect the educational and economic interest of the SC/STs the constitution made special provisions like political reservations which are mentioned in article (330 and 332), reservation of seats in educational institutions (15(4), 29 and 46), reservation of government jobs (16(4), 320(4), 333, 335). The Constitution also provides equality before law and positive legal measures against the disabilities based on birth (Articles 15(2); 29(2), 35, 244 and 371(a)). In 1995 parliament by 77 th constitutional amendment inserted article 16(4) (A) which permits reservation in promotions to the scheduled castes, scheduled tribes and OBCs. In 2005 the Supreme Court passed a unanimous judgment stating that the state can't impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. 6 For ensuring reservations 93 rd constitutional amendment was

5 ( Balaji v Mysore,1963)

6 (Inamdar & ors. V State of Maharashtra & ors , 2005)

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brought up. On 3 rd January 2007, The Central Educational Institutions Act came into force. The act focuses to provide reservation for the students who belong to SC/ST/OBC in certain

central education institutions which is established and maintained by Central Government. In

9 th march 2010 a bill was passed in Rajya Sabha for the reservation of women. Hence these were the steps taken by the government to abolish the caste system and to uplift the backwards.

RESERVATION AND QUOTA SYSTEM

India is a huge country with people from different ethnicity and religion. Since there is an unbending caste system in the country the government faces a lot of challenges to provide education to all the people from all the religions and backgrounds. Earlier it was difficult to provide education to the weaker section of the society. For this purpose reservation or quota system was brought up in the education system in India. As it is said in the article 15(1) of the Indian constitution affirms that the state should not discriminate any citizen on the basis of caste, religion, sex, race, place of birth. Caste was always recognised as a class 7 . In favour of the disadvantaged people the state also provides them a compensatory or protective discrimination. It is clearly stated in the Indian constitution that the state can make special provisions for the advancement of any socially and educationally backward classes or for the scheduled castes and scheduled tribes. The Mandal commission who submitted the report also recommended that institutions like scientific, technical and professional which is run by the central as well as the state government should have 27% of reservation. The total percentage of the reservation should not exceed 50%of the seats which was earlier ruled by the Supreme Court. At the time of giving approval to the government order for the implementation of the recommendations which was given by the Mandal commission as their report, the Supreme Court not only limited overall reservation to 50%, but it also inserted an exclusion clause under the name of “creamy layer”. 8 There are different varieties of reservation not only based on caste, which is based on women, non resident Indians, physically handicapped, migrant from J&K, sports quota, Anglo-Indian community, NCC quota, children of defence personnel, children of Ex servicemen, children of political sufferers, Government of India Nominees. Reservation was even in selection posts in railways for SC/ST. 9 According to the Indian constitution it is mandatory that all the

7 ( A. Peeriakaruppan v State of Tamil Nadu, 1970) ,( P Rajendran v State of Madras, 196)

8 ( Indra Sawhney v union of India, 1993)

9 ( Akhil Bharathiya Soshit Karamchari Sangh v Union of India, 1980)

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minorities either based on religion or language should have the right to establish and administer institutions of their choice. Admissions in the minority educational institutions there have to be two categories like category I- 50% of the seats should be for the candidates belonging to the minority community which has established the institution and category II- 50% of the seats for candidates for communities which are other than the minority community. 10 Admissions are regulated through the state level common entrance for all the states.

BACKFIRING EFFECTS OF RESERVATION

There are a lot of controversies regarding the reservation system in India. People who are in favour of the quota system find it a positive step to make education accessible towards people of every section of the society. The students of the backward castes lagged behind as they didn’t have enough opportunities which normal people in normal institutions used to get. Quota system served as a medium which gives them a fair chance and equal right for education. At the same time it is also criticised by different groups. The people who are against the quota system believe in merit and considers that reservation is a tool that kills merit and true deserving candidates. It creates a disadvantage for the deserving candidates who have worked hard and scored good marks but couldn’t get admissions as the seat was already allotted to the candidates who didn’t even meet the criteria in the name of reservation. The reservation policy was only for ten years after the independence for the upliftment of backward classes but still it is continuing and no one has taken any effort to revise it, amend it or change it. Only a very few get scholarships based on merit. Most of the aid is given to the people who belong to OBC, SC, ST, and other minorities. The aspiring students of upper caste who are financially weak are suppressed. The seats reserved for SC/ST are not used properly as it should be used. Most of the seats are used by the privileged people of SC/ST which made difficult for the poor SC/ST people to benefit from it. The system of reservation results in the quality of the graduates. The morale of outstanding students is diminishing as the criteria are based on reservation rather than merit. It is a form of ethnic discrimination they only favours a particular group of people. People who get admission in institutions like AIMS, IIMS, NLU, and IIT because they are good. Due to reservation the quality of these institutions will go down as the people with low marks will also be given admission on the basis of reservation. Also many of the graduates from these institutions will not be able keep the standards of the institutions. Some medical colleges the admission was in favour of

10 (St. Stephen’s College vs University of Delhi, 1992)

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candidates who are from rural and hilly areas on the grounds that people from rural areas are poor and people from urban areas are financially sound. 11 The reservation policy and its continuance will increase the caste gap in spite of decreasing it. It is disappointing to see a well deserving and talented person with a promising future to lose out to another less deserving candidate because he is from a reserved section of the society. For many years it has been spotted that upper class people have started doing malpractices like securing admissions to professional colleges by false certificates states that they belong to SC/ST. Reservation has led to disappointment and depression among students job seekers who are not able to get admission for the required courses and jobs. Nowadays reservation policy is an electoral tool which bluntly promotes caste over intellect and hard work. Due to this we are producing engineers, doctors, bureaucrats and other professionals who are substandard. Many of them try for management quota in educational institutions to get admission. People who are financially stable can afford management seats. What about who are economically backward? They are forced to forget about their efforts and dreams.

ANALYSIS AND SUGGESTIONS

Since the past 70 years nothing has changed which proves that we have wasted our time and energy in the wrong direction. We have failed extremely to bring up the under-privileged at an equal footing with rest of the society. The reservation policy have paralysed a section of society permanently obstructed their upward mobility by killing their avidity to work hard and be rewarded. No one will work hard if one gets an opportunity and other benefits without burning the midnight oil. This kind of lethargy should not be encouraged and the policy should be constructed in such a way as to harness the real cream of every section of the society in spite of their caste or community for the enhancement of the society. A policy should be made which helps people who are deprived of education and means of better life. Reserving certain seats in higher education and jobs is not going to solve the problems which are faced by the 85% of the total backward classes. The abolishment of the reservation quota and a better system of affirmative action should be brought up for the benefit of whole nation. The policies of reservation should be repudiated and disconnected. We could develop a system to find people who are economically back for their upliftment. Reservation should not be given to those who are financially sound and belong to the SC/ST. 12 We can propose that a family which has already received the reservation benefits once should not be allowed to

11 (State of Uttar Pradesh v Pradeep Tandon, 1974)

12 ( Kumari K.s. Jayasree& Anr v State of Kerala &Anr,1976)

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avail it in the next generation. After reaching a self sufficiency the backward classes should be put in general category which will make the term reservation more meaningful. The rural- urban gap should me done immediately and effectively. This gap creates weaker sections of the society. These people should be given basic facilities. People who are rich can provide education for their children and does not the protection offered by reservation policy. In today’s scenario the correlation between the economically backward and the lower caste may not be as strong as it was earlier. Irrespective of the caste the poor people should be benefitted from this. Everyone should be given an equal opportunity with adequate resources to prove their worth.

CONCLUSION

As the globalisation and urbanisation is expanding the caste loyalties are weakening and new parameters to define social backwardness should be identified. The constitution assures equality to all the citizens and provides a non –discrimination by the state in all aspects. It ensures and makes the state to treat all citizens equally and allows equality on the basis of status and opportunity. Secularism was one of the main parameter which was decided by our fore-fathers in the framing of constitution. The main goal was to convert a society that was fragmented on the basis of religion, cast, and economic status into a homogeneous society where a person is identified on the basis of what he is or what he has made himself into. The system of reservation was adopted in India for the upliftment of backward classes, who were subjected to atrocities, due to dominance of caste system in Hindu Society. Education means merit and recognition should also be through merit rather than depending on reservation. In modern era this reason has lost its essence and the people should actually be benefitted are not being benefitted and others are reaping benefits out of the reservation system. We need to spot the one who are oppressed, needy and penurious. Then we have to provide them with facilities like financial backing, education and opportunities. People with talent and hard working should be accepted rather than blindly guaranteeing anyone to assure a future solely based on caste even though they are least deserving. Our country wants the best people for its development and not who are just making use of undeserved benefits because they belong to certain section of the society luckily marked by the constitution as underprivileged.

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