Reservation In India Pdf Files

Reservation in india pdf files

The system of reservation in India is designed to promote, or provide opportunities to the various legislatures, to government jobs, and to enrollment in higher educational institutions. The reservation nourishes the historically disadvantaged castes and tribes , listed as Scheduled Castes and Scheduled Tribes by the Government of India , also those designated as Other Backwards Classes OBCs and also the economically backward general.

The reservation is undertaken to address the historic oppression, inequality, and discrimination faced by those communities and to give these communities a place. It is intended to realise the promise of equality enshrined in the Constitution. The Constitution prohibits untouchability and obligates the state to make special provision for the betterment of the SCs and STs. Over the years, the categories for affirmative action , also known as positive discrimination, have been expanded beyond those to the OBCs.

Reservation is governed by the Constitution, statutory laws and local rules and regulations. There have been protests from groups outside the system who feel that it is inequitable. Quota systems favouring certain castes and other communities existed before independence in several areas of British India. Demands for various forms of positive discrimination had been made, for example, in and He provided free education to everyone and opened several hostels to make it easier for them to receive it.

He also tried to ensure that people thus educated were suitably employed, and he appealed both for a class-free India and the abolition of untouchability. His measures created 50 percent reservation for backward communities. The British Raj introduced elements of reservation in the Government of India Act of and there were many other measures put in place prior to independence.

The depressed classes, roughly corresponding to the STs and SCs, were assigned a number of seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats. The proposal was controversial: Mahatma Gandhi fasted in protest against it but many among the depressed classes, including their leader, B.

Ambedkar , favoured it. After negotiations, Gandhi reached an agreement with Ambedkar to have a single Hindu electorate, with Dalits having seats reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate. This became known as the Poona Pact. Other Backward Castes and in for poor general category. The country's affirmative action programme was launched in and is the oldest such programme in the world.

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A common form of caste discrimination in India was the practice of untouchability. SCs were the primary targets of the practice, which was outlawed by the new Constitution of India. In , the Ministry of Education suggested that 20 percent of places should be reserved for the SCs and STs in educational institutions with a provision to relax minimum qualifying marks for admission by 5 percent wherever required.

In , it was specified that 15 percent and 7. A significant change began in when the Mandal Commission was established to assess the situation of the socially and educationally backward classes. It called for a similar change to admissions to institutes of higher education, except where states already had more generous requirements.

The Constitution of India states in article 15 4 : "Nothing in [article 15] 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 of or for the Scheduled Castes and the Scheduled Tribes. The Supreme Court of India ruled in that reservations could not exceed 50 percent, anything above which it judged would violate equal access as guaranteed by the Constitution.

Reservation in India

It thus put a cap on reservations. For example, in the State of Tamil Nadu , the caste-based reservation stands at 69 percent and applies to about 87 percent of the population.

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A fixed percentage of India's government and public sector jobs are made exclusive for categories of people largely based on their caste or tribe. The Supreme Court ruling in the Indra Sawhney case said that reservations in job promotions are "unconstitutional" but allowed its continuation for five years. The 81st amendment was made to the Constitution to permit the government to treat the backlog of reserved vacancies as a separate and distinct group, to which the ceiling of 50 per cent did not apply.

The validity of all the above four amendments was challenged in the Supreme Court through various petitions clubbed together in M.

In , the Supreme Court upheld the amendments but stipulated that the concerned state will have to show, in each case, the existence of "compelling reasons" - which include "backwardness", "inadequacy of representation" and overall "administrative efficiency - before making provisions for reservation. The court further held that these provisions are merely enabling provisions. In , the Government of Uttar Pradesh introduced reservation in job promotions. However, citing the Supreme Court decision, the policy was ruled to be unconstitutional by the Allahabad High Court in Only about 0.

New rules implementation of UPA Government do not provide scholarship scheme and reservation quota of students and employees of colleges under central University and State University approved by the UGC. In central-government funded higher education institutions, This ratio is followed even in Parliament and all elections where a few constituencies are earmarked for those from certain communities which will next rotate in per the Delimitation Commission.

The Women's Reservation Bill was passed by the Rajya Sabha on 9 March by a majority vote of members in favour and 1 against. As of March , the Lok Sabha has not voted on the bill. Critics say gender cannot be held as a basis for reservation alone other factors should also be considered e. There is no reservation granted on the basis of religion in the Central educational institutions at the national level, although reservation has been extended to religious minorities in some states.

The Tamil Nadu government has allotted 3.

Reservation in india pdf files

The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in This law was upheld by the Supreme Court in an interim order in but it constituted a Constitution bench to look further into the issue. The Central government has listed a number of Muslim communities as backward Muslims , making them eligible for reservation.

Reservation in india pdf files

The Union Government on 22 December announced the establishment of a sub-quota of 4. The government would not have been able to announce this due to the model code of conduct.

On 12 January , the Election Commission stayed implementation of this decision for violation of the model code of conduct. It is like befooling them. These people are making tall claims just to win elections". He suggested that instead of promising to give reservations, the government should focus on basic issues of improving administration and governance.

The court said that the sub-quota has been carved out only on religious lines and not on any other intelligible basis.

Reservation in india pdf files

The court criticised the decision: "In fact, we must express our anguish at the rather casual manner in which the entire issue has been taken up by the central government. The definition of 'economically weaker sections' will be defined by the State from time to time.

Business Today has commented that these criteria cover almost percent of the population. People in the following categories are not entitled to take advantage of the reservation system for OBCs:. Institutions of excellence, research institutions, institutions of national and strategic importance do not have reservations for higher education. On 27 October , the Supreme Court directed the state and the Central governments to end the regional quota and to ensure that super-specialty medical courses are kept "unreserved, open and free" from any domicile status after the court had allowed petitions files by some MBBS doctors.

The term creamy layer was first coined in in the State of Kerala vs N. Thomas case when a judge said that the "benefits of the reservation shall be snatched away by the top creamy layer of the backward class, thus leaving the weakest among the weak and leaving the fortunate layers to consume the whole cake".

Reservation in india pdf files

The judgement also established the concept of qualitative exclusion, such as "creamy layer". The creamy layer criteria were introduced at Rs 1 lakh in and revised to Rs 2.

The reservation for women cuts across all classes and communities and is a horizontal and not vertical reservation. From Wikipedia, the free encyclopedia. Redirected from Reservations in India.

Caste based reservation in India - Origin, Cause, impact on society and the way forward

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Reservation in india pdf files

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September But that will hold true provided that- "the wife of an armed forces officer is herself in the armed forces i. If the husband holds one of the above jobs and the wife doesn't then the husband's income will be taken into consideration and if the wife holds one of the above jobs then the wife's income will be taken into consideration.

The income of the family as a whole will be taken into account because the whole point of the reservation system is to raise the social status of the people that belong to the SC's, ST's and OBCs and if a family's income is high already it is considered that it raises their social status as well.

They would only be under reservation if the land is exclusively unirrigated. Those with vacant buildings can use them for residential, industrial or commercial purposes, hence they are not covered under reservations. ILI Law Review.

Archived from the original PDF on 25 April Transfer of Power in India Reprinted ed. Orient Blackswan. Retrieved 21 March Monumenta Nipponica.

Department of Education.