DAILY NEWS ANALYSIS

GS-II : Governance Reservation

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 (77^th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservations in promotion.
Later, clause (4A) was modified by the Constitution (85^th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservations.
Constitutional 81^st 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 per cent reservation on a 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 the time Creamy Layer & Means test concept came to 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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