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Reservation as of today is seen as a system by which people are provided certain benefits by which particular section of society get enrolled in some good courses to study and further in job and in political representation as well. This system was started by the founding fathers of the constitution for sixty years so that depressed classes of the society can get a fair chance of studies and can earn for a good living and for political representation as well. But the story is not same anymore. It is being extended for a period of ten years from time to time that today it has been amended to go on for 80 years after country is free. There could have been certain measures by which reservation could have benefitted people on ground reality and by the time it could have been eliminated from our country. The paper discusses on why reservation is provided and how it has been extended till date that it is around 60% today and what could be done now foreseeing today’s scenario.

Background

Quota systems favouring certain caste and other communities existed before independence in several areas of British India. (Franco and Bulomine Regi.2016; Saxena et al,2015). The British has introduced elements of reservation in the government of India Act 1909 and there were many other measures put in place before independence. (Jangir 2013; Retna,2012) A significant one emerged from round table conference of June 1932, when, Prime Minister of Britain, Ramsay MacDonald proposed communal award which stated for separate representation on basis of community for Sikh, Muslims and Christians, Anglo Indians, Europeans, scheduled caste. This representation meant that people from a particular community will vote to the representative from that community only. It was opposed by Mahatma Gandhi that he started hunger strike, but this was favoured by Dr. BR Ambedkar and he tried to convince Gandhiji resulting into signing of Pune pact.

Reservations in favour of backward classes were introduced in a way before independence by a presidency area and princely stated south of Vindhyas. If we consider 1881, Hunter commission came into limelight. Then, Mahatma Jyotiba Phule made a demand for free and compulsory education for Smrti with extra benefits for them in jobs. Looking forward to 1891, in the princely states of Travancore, there was a demand for reservation because nonnative people were been selected for public services overlooking qualified native people. Then, in princely state of Kolhapur, Maharashtra, it was introduced in 1901 in favour of non-Brahmin and backward classes. He provided free and accessible education to all. He worked for class free India and abolishing of untouchability. The notification of 1902 created 50% reservation in services for backward classes in State of Kolhapur. This is first official instance (Government Order,) providing for reservation for depressed class in India.

hile the Reservation System has received significant attention from policymakers and the Indian population over the years, there is still a dearth of academic literature analyzing it. Fundamentally, very few studies have chosen to ask the question of the Reservation Systems impact on poverty reduction and the results tend to be mixed. The economic diversity within the Scheduled groups makes this a complex study.

Quota systems favouring certain caste and other communities existed before independence in several areas of British India. (Franco and Bulomine Regi.2016; Saxena et al,2015). The British has introduced elements of reservation in the government of India Act 1909 and there were many other measures put in place before independence. (Jangir 2013; Retna,2012). As descibed by Monica Chopra in Reservation On its advantages and disadvantages , she has mentioned about Reservation is not the topic of today, it was introduced by Dr. B.R. Ambedkar while drafting the constitution of India. He intended to empower the weaker sections of society and uplift the unprivileged sections of society in many aspects. He also put a time limit of 10 years for this, but unfortunately, as the political involvement in the amendment of constitution started it is been continued even today, In today's society it is the reservation which is the main reason for the difference in our society. Due to this, the competition was increasing for every job and many people are becoming unemployed. The greedy politicians are utilizing their votes by mentioning their caste and still pushing reservations forward. The politicians are benefited from the reservation but not the public. They only fight for their power and do not consider our problems. The public must feel that reservation must be an option but not a platform for everyone. Government should also make sure that every citizen in this country gets an equal chance with others. Reservation based on caste, creed, minority, etc, should be abolished from the system. The political reservation quotas are instituted and regulated by the central government in conjunction with each of the state governments. The 1930 census of the Indian subcontinent documented caste backgrounds, and in the Census Report of 1931 redefined castes into certain broad categories based on historical and social marginalization. (Jain & Ratnam, 1994) 

The Constitution of India by D. D. basu has explained that Serves as an introductory study on the Constitution for general readers, politicians, journalists, statesmen, administrative authorities, students, and Public. Service Commission and other competitive examination aspirants. Traces the constitutional history of India since the Government of India Act, 1858, analyses the provisions of the present Constitution and explains the interrelation between its diverse contents Gives an account of the working of each of the provisions of the Constitution during its first decade, with reference to statutes and decisions wherever necessary, together with a critical estimate of its trends. Analytical table of contents, marginal notes, index, and reference tables further aid understanding. Contains all legislative changes and recent amendments to the Constitution up to the Constitution (One Hundred and Fourth Amendment) Act, 2019. Includes notable judgements of the Supreme Court and High Courts.

After independence

The primary stated objective of Indian reservation system is to increase the opportunities for enhanced social and educational status of the underprivileged communities and to uplift their lifestyle to come up in mainstream of Indian society which is developing the reservation was provided to increase political representation in state and centre, school, colleges and other public institutions and for jobs as well. The government undertook several measures and policies to reserving a certain number of seats in public jobs and government-aided educational institutions for the SC and St. The reservation quota in educational institutions and government jobs is 7.5% for the ST and 15% for the SC. The total reservation for both SC and ST stands  at 22.5%. Reservation was further extended to the Other Backward Classes or OBCs in 1992 to 27%. Today 50% of reservation is allowed for the Sc, St, and OBCs in educational institutions and public jobs (Castelló-Climent & Mukhopadhyay, 2013) The period of reservation was extended to 1980,1990, 2000 and 2010 by 23rd, 45th, 62nd and 79th amendments, respectively. The 95 amendments extended the period of reservation to 2020. The period of reservation was further extended to 2030 by 104th amendment. Additionally, in 2019, the bill of reservation of 10% for economically weaker section in general category has been provided. This has resulted in total reservation counted to 60%.

Constitutional provisions

The Constitution provides several provisions related to reservation discussed below. Article 15(4) and 16(4) of the Constitution enabled both the state and Central Governments to reserve seats in public services for the members of the SC and ST, thereby, enshrining impartiality of opportunity in matters of civic service. Article 15(4) states that: “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 or citizens, which, in the opinion of the State, is not adequately represented in the services under the State.

“Article 16(4 A) states that: “Nothing in this article shall prevent the State from making any provisions for reservation in the matter of promotion to any class or classes of posts in the services under the State in Favor of SCs and STs which in the opinion of the State are not adequately represented under the State” (Constitutional 77th Amendment, - Act, 1995). Article 16 (4 B) states that: “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 (4A) 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” (Constitutional 81st Amendment, - Act, 2000).

The Constitution prohibits discrimination (Article 15) of any citizen on grounds of religion, race, caste, etc.; untouchability (Article 17); and forced labour (Article 23). It provides for specific representation through reservation of seats for the SCs and the STs in the Parliament (Article 330) and in the State Legislative Assemblies (Article 332), as well as, in Government and public sector jobs, in both the federal and state governments (Articles 16(4), 330(4) and 335). (Sukhadeo Thorat and Chittaranjan Senapati 2006).

The process of reservation is being extended on the grounds of article 334 which states:

1. Short title and commencement (1) This Act may be called the Constitution (Ninety- fifth Amendment) Act, 2009. (2) It shall come into force on the 25th day of January, 2010.

2. Amendment of article 334 In article 334 of the Constitution, for the words "sixty years", the words "seventy years" shall be substituted.[2] The full text of Article 334 of the Constitution, after the 95th Amendment, is given below: 368. Reservation of seats and special representation to cease after ten years. Notwithstanding anything in the foregoing provisions of this Part [Part XVI], the provisions of this Constitution relating to— (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination shall cease to have effect on the expiration of a period of sixty years seventy years from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.[3]

What could be done??

As Dr Ambedkar said, reservation policy must be so designed as to reconcile two conflicting interests, namely, there should be equality of opportunity for all citizens and there must, at the same time, be the provision made for the entry of certain communities, which have so far been outside the administration. Clause (1) of Article 16 guarantees that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. Clause (4) enables the state to make any provision for the reservation of appointments or post in favour of any Backward Class of citizens which, in opinion of the state, is not adequately represented in the services under the state. The objective of article 16(4) is empowerment of the deprived backward communities to give them a share in the administrative apparatus and in the governance of the community. The courts have interpreted the reservation of backward classes in such a way that will adjust protective discrimination to right to equal opportunity.

If we really want right to equality, even after considering upliftment of classes that need reservation, and providing all the people a ground of social justice, right to equality, right to equality of opportunity, then there is a need to look upon certain things like: -Reservation should not exceed half the vacancies to be filled at any time considering all types of reservations provided to different sections of society. As providing reservation for more than 50% will mock to the constitutional provision of right to equality. If so, this is simply power politics not social justice. - A big no to reservation on religion basis. Our country is secular and it needs to reflect that - The quota of reservation beginning with 50% should decrease year by year by 1%, which will result into zero reservation after long 50 years and a goal of egalitarian, democratic, casteless society will emerge in the meantime. - Reservations provided to the people should be revised and checked after looking different aspects and changing circumstances. - Caste should not be the only criteria for reservation. Rather, economic, land holding, property and the like things should also be kept in mind. - Reservation should only be provided on initial stages, not for further promotions. Reservations may help people to get a job once, then they need to work on their own for future benefits or promotions. It has always happened that whenever there is a point to remove or decrease reservation, people of that caste or community starts protesting and provide violent resistance for it. In such a situation, all the political parties need to be united as one for this purpose then only this may be checked. Here is a quote from a writer on reservation, power struggle and social justice. It's quoting social justice is not merely amelioration of the downtrodden and deprived section of the society.

1. Chopra,                        M.       (2021).         Reservation            system         in      India:         advantages            and disadvantages. International Journal of Economic Perspectives, 15(1), 30–37.

Retrieved from https://ijeponline.org/index.php/journal/article/view/4

2. Retna, S. K. (2012). The Reservation System in India-An evaluation of political reservation and poverty reduction (Doctoral dissertation, Georgetown University).

3. Singh, V. K. (2016). Analysis of Advantages and Disadvantages of Forums Prescribed under the UNCLOS and State Practice: The Way ahead for India. Braz. J. Int'l L., 13, 319.

4. Singh, V. V., Pandey, M., & Vashisht, A. (2016). Sector wise comparison of corporate social responsibility by companies in India. International Research Journal of Management, IT and Social Sciences, 3(5), 30-37.

5. Bhattacharya, Amit. "Who are the OBCs?". Archived from the original on 27 June 2006. Retrieved 19 April 2006. Times of India, 8 April 2006.

6. Basu, Durga Das (2008). Introduction to the Constitution of India. Nagpur: LexisNexis Butterworths Wadhwa. p. 98. ISBN 978-81-8038-559-9.