Skip to main content

Reservation in India

 RESERVATION IN INDIA

In basic words, reservation in India refers to the practise of denying certain groups of people access to seats in government employment, educational institutions, and even legislatures.

The reservation, which is also known as affirmative action, may be viewed as positive discrimination. Reservation is a government policy in India, and it is endorsed by the Indian Constitution (by means of various amendments).

The Constitution of India establishes two key goals for providing reservation:

Advancement of Scheduled Castes (SC) and Scheduled Tribes (ST) OR any socially and educationally backward classes of citizens (E.g.: OBC) OR economically weaker sections (EWS) - Articles 15 (4), 15 (5), and 15 (6), Adequate representation of any backward class of citizens OR economically weaker sections (EWS) in state services - Articles 16 (4) and 16 (5) (6).

The goal of offering reservations in services to Scheduled Castes (SCs) and Scheduled Tribes (STs) is to provide jobs to some members of these communities. It primarily strives to empower them and ensure their involvement in the state's decision-making process.

Furthermore, the state is eager to put a stop to practises such as untouchability.


Scheduled Castes (SC) have a 15% quota in jobs and higher education institutions, while Schedule Tribes (ST) have a 7.5 percent quota in jobs and higher education institutions.

Based on the Mandal Commission Report, a reservation system for Other Backward Classes (OBC) was established (1991). In government jobs and higher education institutions, OBCs get a 27% quota.


In the case of the OBC reservation, however, there is a concept of a "creamy layer." Only OBCs who fall within the Non-Creamy Layer will be eligible for OBC reservations.

The creamy layer idea uses income and social standing as criteria to remove some of the OBC's most privileged members from the reservation's scope.

EWS Reservation was recently adopted by India's central government. Economically Weaker Sections (EWS) are given a 10% quota among General Category candidates for government posts and educational institutions. This is accomplished by including relevant clauses in the Indian Constitution (103rd Constitution Amendment Act, 2019).

In India, it is the government's responsibility to ensure equality of status and opportunity. Reservation is one of the techniques used to combat social oppression and discrimination against specific groups. Reservation, also known as affirmative action, aids in the upliftment of underprivileged groups. Reservation, on the other hand, is only one strategy for social upliftment. Scholarships, grants, coaching, and other welfare systems are only a few of the various options.

The Supreme Court of India limited caste-based quota in Indra Sawhney vs Union Of India in 1992, declaring that "no provision of reservation or preference may be pursued so actively as to damage the basic notion of equality."


"Since this Court has consistently held that the reservation under Articles 15(4) and 16(4) should not exceed 50%, and the States and the Union have by and large accepted this as correct, it should be treated as a constitutional prohibition, and any reservation beyond 50% would be liable to be struck down."

The reserve policy is good as long as any qualified individual does not miss out on a chance due to the reservation system in place. I don't see why unworthy kids should be admitted ahead of deserving students. If these groups of individuals have been denied chances in the past, the same situation is playing out again with the broader public. The results of the deserving's effort should not be distributed to the unworthy.



We must also recognise that while we discuss development, we cannot discuss backwardness at the same time. If we demand more and more backwardness, it is clear that we cannot and will not be able to go forward, and our development will eventually become static.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...