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DAILY NEWS ANALYSIS

  • 09 March, 2021

  • 3 Min Read

Constitutionality of Reservations in India

Some of the prominent laws framed for reservation policies are listed below.

  • Article 15(4) – 1st Amendment,1951 – Special provision for Advancement of Backward Classes.
  • Article 15(5) – 93rd Amendment, 2006 – Provision of Reservation for Backward, SC, and ST classes in private educational institutions.
  • Article 16(3) – Reservation of posts in public employment on the basis of residence
  • Article 16(4) – Reservation in public employment for backward classes.
  • Article (330 – 342) – talks about special provisions for certain classes of society
  • Article 45 – Under DPSP, states have a duty to raise the standards of living and health of backward classes.
  • Article 39 A – Under Directive Principles of State Policy – states have to ensure justice and free legal aid to Economically Backward Classes.
  • The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
  • Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
  • Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.
  • Article 243D provides reservation of seats for SCs and STs in every Panchayat.
  • Article 233T provides reservation of seats for SCs and STs in every Municipality.

1992 Indra Sawhney Case:

  • 1st time Creamy Layer & Means test concept came as people who are socially, educationally and economically advanced than other SC/STs.
  • Indra Sawney upheld Mandal commission recommendation to give 27% reservation to OBCs but it held Creamy layer should be excluded and economic criteria should be adopted.
  • It upheld reservations only in Initial appointments and not promotions.

Mandal Commission Recommendations

  • Reservation of 27% public sector and government jobs for OBCs for those who do not qualify on merit.
  • Reservation of 27% for promotions at all levels for OBCs in public service.
  • The reserved quota, if unfilled, should be carried forward for a period of 3 years and deserved after that.
  • Age relaxation for OBCs to be the same as that for SCs and STs.
  • A roster system should be prepared for the backward classes on the pattern of that for the SCs and STs.
  • Reservations to be made in PSUs, banks, private sector undertakings receiving government grants, colleges and universities.
  • The government to make the necessary legal provisions to implement these recommendations.

Source: TH


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