Reservation is a system of
affirmative action in
India
India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the ...
that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships and politics. Based on provisions in the
Indian Constitution
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental r ...
, it allows the
Union Government
The Government of India ( ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, ...
and the
States and Territories of India to set ''reserved quotas or seats'', at particular percentage in Education Admissions, Employments, Political Bodies, Promotions, etc, for "socially and educationally backward citizens."
History
Before independence
Quota systems favouring certain castes and other communities existed before
independence
Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the s ...
in several areas of
British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891.
Rajarshi Shahu, the Maharaja of the
princely state
A princely state (also called native state or Indian state) was a nominally sovereign entity of the British Indian Empire that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule, subject to ...
of
Kolhapur
Kolhapur () is a city on the banks of the Panchganga River in the southern part of the Indian state of Maharashtra. It is the administrative headquarter of the Kolhapur district. In, around 2 C.E. Kolapur's name was 'Kuntal'.
Kolhapur is k ...
, introduced reservation in favor of non-
Brahmin
Brahmin (; sa, ब्राह्मण, brāhmaṇa) is a varna as well as a caste within Hindu society. The Brahmins are designated as the priestly class as they serve as priests ( purohit, pandit, or pujari) and religious teachers ( ...
and backward classes, much of which came into force in 1902. 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
Untouchability is a form of social institution that legitimises and enforces practices that are discriminatory, humiliating, exclusionary and exploitative against people belonging to certain social groups. Although comparable forms of discrimin ...
. His 1902 measures created 50 percent reservation for backward communities. In 1918, at the behest of several non-Brahmin organizations criticizing Brahmin domination of administration, the Mysore Raja
Nalvadi Krishnaraja Wadiyar
Maharaja Krishnaraja Wadiyar IV (Nalwadi Krishnaraja Wadiyar; 4 June 1884 – 3 August 1940) was the twenty-fourth maharaja of the Kingdom of Mysore, from 1902 until his death in 1940. He is popularly called '' Rajarshi'' ( sa, rājarṣi, ...
created a committee to implement reservations for non-Brahmins in government jobs and education over the opposition of his Diwan
M. Viswesvaraya, who resigned in protest. On 16 September 1921, the first
Justice Party government passed the first Communal Government Order (G. O. # 613), thereby becoming the first elected body in the Indian legislative history to legislate reservations, which have since become standard across the country.
The
British Raj
The British Raj (; from Hindi language, Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British The Crown, Crown on the Indian subcontinent;
*
* it is also called Crown rule in India,
*
*
*
*
or Direct rule in India,
* Q ...
introduced elements of reservation in the
Government of India Act of 1909 and there were many other measures put in place prior to independence.
A significant one emerged from the
Round Table Conference of June 1932, when the Prime Minister of Britain,
Ramsay MacDonald, proposed the
Communal Award
The Communal Award was created by the British prime minister Ramsay MacDonald on 16 August 1932. Also known as the MacDonald Award, it was announced after the Round Table Conference (1930–32) and extended the separate electorate to depressed ...
, according to which separate representation was to be provided for
Muslims
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abra ...
,
Sikhs
Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Gu ...
,
Indian Christians
Christianity is India's third-largest religion with about 27.8 million adherents, making up 2.3 percent of the population as of the 2011 census. The written records of the Saint Thomas Christians state that Christianity was introduced to th ...
,
Anglo-Indians
Anglo-Indian people fall into two different groups: those with mixed Indian and British ancestry, and people of British descent born or residing in India. The latter sense is now mainly historical, but confusions can arise. The ''Oxford English ...
, and
Europeans
Europeans are the focus of European ethnology, the field of anthropology related to the various ethnic groups that reside in the states of Europe. Groups may be defined by common genetic ancestry, common language, or both. Pan and Pfeil (20 ...
. 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
Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, Anti-colonial nationalism, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure ...
fasted in protest against it but many among the depressed classes, including
B. R. Ambedkar
Bhimrao Ramji Ambedkar (14 April 1891 – 6 December 1956) was an Indian jurist, economist, social reformer and political leader who headed the committee drafting the Constitution of India from the Constituent Assembly debates, served a ...
, favored it. After negotiations, Gandhi reached an agreement with Ambedkar to have a single Hindu electorate, with
Dalits
Dalit (from sa, दलित, dalita meaning "broken/scattered"), also previously known as untouchable, is the lowest stratum of the Caste system in India, castes in India. Dalits were excluded from the four-fold Varna (Hinduism), varna syste ...
having seats reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate. This became known as the
Poona Pact.
After independence
After the independence of India in 1947 there were some major initiatives in favor of the
Scheduled Castes and Scheduled Tribes
The Scheduled Castes (SCs) and Scheduled Tribes (STs) are officially designated groups of people and among the most disadvantaged socio-economic groups in India. The terms are recognized in the Constitution of India and the groups are designa ...
(SCs and STs) and after the 1980s in favour of OBCs (Other Backward Castes) and in 2019 for poor in the general category. The country's affirmative action program was launched in 1950 and is the oldest such programme in the world.
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 1954, 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 1982, it was specified that 15 percent and 7.5 percent of vacancies in
public sector
The public sector, also called the state sector, is the part of the economy composed of both public services and public enterprises. Public sectors include the public goods and governmental services such as the military, law enforcement, in ...
and government-aided educational institutes should be reserved for the SC and ST candidates, respectively.
A significant change began in 1979 when the
Mandal Commission
The ''Mandal Commission'' or the Socially and Educationally Backward Classes Commission (SEBC), was established in India in 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to "identify the socially or educ ...
or the Socially and Educationally Backward Classes (SEBC) Commission was established to assess the situation of the socially and educationally backward classes.
The commission did not have exact population figures for the OBCs and so used data from the
1931 census, thus estimating the group's population at 52 per cent.
In 1980, the commission's report recommended that a reserved quota for OBCs of 27 per cent should apply in respect of services and public sector bodies operated by the Union Government. It called for a similar change to admissions to institutes of higher education, except where states already had more generous requirements.
It was not until the 1990s that the recommendations were implemented in Union Government jobs. In 2019 the government announces the 10% reservation in educational institutions and government jobs for economically weaker section of the general category.
The Constitution of India states in article 15(4): "Nothing in
rticle 15or 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." Article 46 of the Constitution states that "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."
The
Supreme Court of India
The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
ruled in 1992 that reservations could not exceed 50 percent, anything above which it judged would violate equal access as guaranteed by the Constitution. It thus put a cap on reservations.
However, the recent amendment of the constitution exceeds 50% and also there are state laws that exceed this 50 percent limit and these are under litigation in the Supreme Court. For example, in the State of
Tamil Nadu
Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil languag ...
, the caste-based reservation stands at 69 percent and applies to about 87 percent of the population.
On 7 November 2022,
Supreme Court of India
The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
by a 3:2 verdict in Janhit Abhiyan vs Union Of India Writ Petition (Civil) No(S). 55 OF 2019, upheld the validity of the 103rd constitutional amendment carried out to provide legal sanction carve out 10% reservation for the economically weaker sections from
unreserved classes for admission in educational institutions and government jobs and held that the 50% cap on quota is not inviolable and affirmative action on economic basis may go a long way in eradicating caste-based reservation. This constitutional amendment pushed the total reservation to 59.50% in central institutions.
Reservation schemes
In employment
Government and public sector will hire job seekers based on reservation percentage from two different categories 1: reservation category (SC, ST, OBC, EWC and other minorities) 2:Open category (General, SC, ST, OBC, EWC and other minorities).
While hiring, major priority is given to reservation category including 33% reservation for Women, priority in hiring is given by Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then after Open category Will be considered.
Government and public sector hiring based on Merit in open category and one more anomaly here i.e., Priority in hiring will be given by: Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then General if they are equally eligibility (for example having same marks or Rank).
The landmark initiative of Special Recruitment for Scheduled Caste and Scheduled Tribe in Government jobs was started in Kerala in 1972 by Vella Eacharan.
The 1993 Supreme Court ruling in the
Indra Sawhney & Others v. Union of India case said that reservations in job promotions are "unconstitutional" or not in accordance with the political constitution but allowed its continuation for five years.
In 1995, the
77th amendment to the Constitution was made to amend
Article 16 before the five-year period expired to continue with reservations for SC/STs in promotions. It was further modified through the 85th amendment to give the benefit of ''consequential seniority'' to SC/ST candidates promoted by reservation.
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 82nd amendment inserted a provision in Article 335 to enable states to give concessions to SC/ST candidates in promotion.
The validity of all the above four amendments was challenged in the Supreme Court through various petitions clubbed together in ''M. Nagaraj & Others Vs. Union of India & Others'', mainly on the ground that these altered the
Basic Structure of the Constitution. In 2006, 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. If a state government wishes to make provisions for reservation to SC/STs in the promotion, the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class.
In 2007, the
Government of Uttar Pradesh
The Government of Uttar Pradesh ( ISO: Uttar Pradesh Sarkār; often abbreviated as GoUP) is the subnational government of the Indian state of Uttar Pradesh with the governor as its appointed constitutional head of the state by the President of ...
introduced reservation in job promotions. However, citing the Supreme Court decision, the policy was ruled to be unconstitutional by the
Allahabad High Court
Allahabad High Court, also known as High Court of Judicature at Allahabad is the high court based in Prayagraj that has jurisdiction over the Indian state of Uttar Pradesh. It was established on 17 March 1866, making it one of the oldest hig ...
in 2011. The decision was challenged in the Supreme Court, which upheld it in 2012 by rejecting the government's argument because it failed to furnish sufficient valid data to justify the move to promote employees on a caste basis.
In education
Universities allot seats based on reservation percentage from two different categories are 1: reservation category (SC, ST, OBC, EWC and other minorities) 2:Open category (General, SC, ST, OBC, EWS and other minorities).
In allotment, Major priority given to reservation category including 33% reservation for Women, priority in allotting is given by Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men and then after Open category Will be considered.
Government Universities will allot based on priority by: Other Minorities women, ST women, SC women, ST Men, SC Men, OBC women, OBC Men, EWC Women, EWC Men & then General and reservation percentage under consideration for entrance exams fees, for cut off marks, for allotment of seats and also applicable to other government schemes.
In India student aids are available for—SCs, STs, BCs, OBCs, women, Muslims, and other minorities. Only about 0.7% of student aids in India is based on merit, given the grossly inadequate representation of above-mentioned categories in employment and education due to historic, societal and cultural reasons.
States
In central-government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs,20% for ESC,12% for SCA,16% for SCB,22% for SCC,18% for SCD).
This reservation percentage has been raised to 49.5%
by including an additional 27% reservation for OBCs. 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 2026 per the
Delimitation Commission). Some states and UTs have reservations for females which varies from 5% to 33.33%.
The exact percentages vary from state to state:
* In
Tamil Nadu
Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil languag ...
, OBC reservation is divided into 26.5% Backward Caste, 3.5 Backward Caste (M) and 20% Most Backward Caste and 10.5% sub quota for vanniyars, introduced by AIADMK in 2020,7% for DNT . The 7.5% for Vanniyars was quashed void by Madras High Court. The SC quota has 3% sub-quota for
Arunthatiyars, introduced by DMK in 2009.
* In
Maharashtra in addition to the reservation for SC/ST/OBC, there is 2% for SBCs, 3% for Nomadic Tribes – NT-A (
Vimukta jati), 2.5% for NT-B, 3.5% for NT-C (
Dhangar
Dhangar is a herding caste of people found in the Indian states of Maharashtra, Karnataka, Goa, Madhya Pradesh and Uttar Pradesh. They are referred as Gavli in southern Maharashtra, Goa and northern Karnataka, Golla (caste), Golla in Andhra Prad ...
), and 2% for NT-D (
Vanjari).
* In Northeast India, e.g. in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central Universities of
NEHU (Shillong) and
Rajiv Gandhi University, 60% of seats are reserved for ST students.
* In
West Bengal
West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the four ...
, the OBC community is divided into OBC A & B.
In West Bengal there is no reservation on religious basis but some economically and educationally backward Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver etc.) have been included along with their Hindu counterparts in the OBC list namely OBC A and OBC B, in both lists caste from both communities are there. But in higher educational institutes, till now there is no reservation for the OBC community but there is reservation in regard to admission in primary, secondary and higher secondary studies.
Gender
The
Women's Reservation Bill was passed by the
Rajya Sabha
The Rajya Sabha, wikisource:Constitution of India/Part V#Article 80, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legisl ...
on 9 March 2010 by a majority vote of 186 members in favor and 1 against. As of March 2013, the
Lok Sabha
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-pas ...
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.g. economic, social conditions of woman candidates especially when applying reservation for educated women. The criticism points that the policy benefits women that have access to political capital through family circles and are faced with the burden of a huge learning curve. Again, women are divided among caste and class lines with this dichotomy playing an important role in deciding how the presence of women in the lowest tier of governance impact the problems faced by the women of the constituency
In Gujarat and Andhra Pradesh, 32% of posts are reserved for females in all government departments and services, such as police, health, education and general administration.
From 2015 onwards Kerala has implemented a 55% reservation for all posts of its local self governing bodies.
On 21 July 2021, Karnataka became the first state in the country to provide one percent reservation for the transgender community in all government services. The government submitted a report to the High Court in this regard, informing that a notification had already been issued after amending the Karnataka Civil Service. The job could be given to males or females, from the same category, in case of the non-availability of transgender candidates.
Religion
The
Tamil Nadu
Tamil Nadu (; , TN) is a state in southern India. It is the tenth largest Indian state by area and the sixth largest by population. Its capital and largest city is Chennai. Tamil Nadu is the home of the Tamil people, whose Tamil languag ...
government has allotted 3.5% of seats each to Muslims and Christians, thereby altering the OBC reservation to 23% from 30% (since it excludes persons belonging to Other Backward Castes who are either Muslims or Christians).
The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in 2004. This law was upheld by the Supreme Court in an interim order in 2010 but it constituted a Constitution bench to look further into the issue. The referral was to examine the constitutional validity of quotas based on religion.
Kerala Public Service Commission has a quota of 12% for Muslims. Religious minority (Muslim or Christian) educational institutes also have 50% reservation for Muslim or Christian religions. The Central government has listed a number of Muslim communities as
backward Muslims, making them eligible for reservation.
Criticism, controversies and protests
The Union Government on 22 December 2011 announced the establishment of a sub-quota of 4.5% for religious minorities within the existing 27% reservation for Other Backward Classes. The reasoning given was that Muslim communities that have been granted OBC status are unable to compete with
Hindu OBC communities. It was alleged that the decision was announced as the
Election Commission
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
announced Assembly elections in five states on 24 December 2011. The government would not have been able to announce this due to the model code of conduct. On 12 January 2012, the
Election Commission
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
stayed implementation of this decision for violation of the model code of conduct.
Later, Justice Sachar, head of the
Sachar Committee
The Sachar Committee was a seven-member High Level Committee in India established in March 2005 by then Prime Minister Manmohan Singh. The committee was headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, econom ...
that was commissioned to prepare a report on the latest social, economic and educational condition of the
Muslim community of India, criticised the government decision, saying "Such promises will not help the backward section of minorities. 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.
On 28 May 2012, the
Andhra Pradesh High Court
The High Court of Andhra Pradesh is the High Court of the Indian state of Andhra Pradesh. The seat of the High Court is currently located at Nelapadu.
History
The High Court of Andhra Pradesh was established in the year 1954 when the stat ...
quashed the sub-quota. The court said that the sub-quota has been carved out only on religious lines and not on any other intelligible basis. The court criticized 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.".
Mandal Commission protests of 1990
Mandal commission protests of 1990 were against reservation in government jobs based on caste in
India
India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the ...
.
2006 Indian anti-reservation protests
The 2006 Indian anti-reservation protests were a series of protests that took place in India in 2006 in opposition to the decision of the
Union Government of India
The Government of India ( ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, c ...
, led by the
Indian National Congress
The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British ...
-headed multiparty coalition
United Progressive Alliance
United Progressive Alliance (UPA) is a centre-left political alliance of predominantly left-leaning political parties in India. It was formed after the 2004 general election with support from left-leaning political parties when no single par ...
, to implement reservations for the
Other Backward Classes
The Other Backward Class is a collective term used by the Government of India to classify castes which are educationally or socially backward. It is one of several official classifications of the population of India, along with Forward caste, Gen ...
(OBCs) in central and private institutes of higher education. This move led to massive protests, particularly from students and doctors belonging to the
forward castes, who claimed that the government's proposal was discriminatory, discarded
meritocracy
Meritocracy (''merit'', from Latin , and ''-cracy'', from Ancient Greek 'strength, power') is the notion of a political system in which economic goods and/or political power are vested in individual people based on talent, effort, and achie ...
and was driven by ''
vote-bank politics''.
Agitations demanding more reservation
In 2008 and 2010, the Gujjar community in Rajasthan
demanded reclassification from OBC to ST (
Scheduled Tribes
The Scheduled Castes (SCs) and Scheduled Tribes (STs) are officially designated groups of people and among the most disadvantaged socio-economic groups in India. The terms are recognized in the Constitution of India and the groups are designa ...
) for increased reservation benefits. They began violently protesting on the streets of Rajasthan and blocked several rail lines. Police firing on Gujjars began a tit-for-tat cycle of violence between Police and Gujjars. The violence ended with 37 people dead. Their move was opposed by the Meenas, the main ST community in Rajasthan.
In 2019, the agitation restarted as Gujjars demanded 5% reservation, and began blocking trains to this effect.
Jats
The Jat people ((), ()) are a traditionally agricultural community in Northern India and Pakistan. Originally pastoralism, pastoralists in the lower Indus river-valley of Sindh, Jats migrated north into the Punjab region in late medieval time ...
have been demanding OBC status since the 1990s. In 2016, they began an
agitation to get this status. To this effect they began protesting by blockading roads and lines, but later the protests turned violent. Riots spread to Delhi and western Uttar Pradesh, and even Rajasthan. The epicentre of the violence was in
Rothak, and almost ₹34000 crores ($4.8 billion) worth of property was damaged and 30 were killed. Bowing to the pressure, the Haryana government created a special category for Jats and other upper castes called BC, and appointed 10% reservation, but the measure was blocked in court.
Beginning in 2015, the
Patidar
Patidar (Gujarati: ) is an Indian landlord and agrarian caste found mostly in Gujarat but also in at least 22 other states of India. The community comprises at multiple subcastes, most prominently the Levas and Kadvas. They form one of the d ...
community (better known as Patel) began
agitating for OBC status in Gujarat. This movement consisted of massive demonstrations across the state, led by Hardik Patel. Later many of these protests turned violent, resulting in curfews across the state and crores worth of damage. Talks with the government broke down, and the violence restarted. After the Jat agitation began in 2016, the Patidars flared up again and led a march through Gujarat, but protests in several cities turned violent and the
Rapid Action Force was sent in.
In January 2016, the
Garp community in Andhra Pradesh began leading protests to be classified in Backward Classes. The agitation became violent when in
Tuni
Tuni is a city in Kakinada district of the Indian state of Andhra Pradesh. It is a second biggest city in kakinada district. It is a major commercial marketing center for more than 100 surrounding villages in the district. Tuni is a borde ...
, Garp protestors set trains on fire. In 2019, the
Telugu Desam Party
The Telugu Desam Party (; TDP) is an Indian regional political party operating in Andhra Pradesh and Telangana at the state and central level. Since its founding by N. T. Rama Rao (often referred to as NTR) on 29 March 1982, the party has f ...
which had just been made opposition, tabled a bill to have a 5% sub-quota for Garps out of EWS reservation.
Marathas
The Marathi people (Marathi: मराठी लोक) or Marathis are an Indo-Aryan ethnolinguistic group who are indigenous to Maharashtra in western India. They natively speak Marathi, an Indo-Aryan language. Maharashtra was formed as a ...
, the dominant caste of Maharashtra, have been agitating for OBC status since the 1990s. In 2016, after the rape and murder of a 15-year old Maratha girl in Kopardi, the Maratha community organized
massive protests throughout Maharashtra. Their demands included death for the accused as well as reservations for the Maratha community which makes up 16% of the state's population. Some road blocks turned violent in 2017 and 2018, but overall the protests were peaceful. Their demand was met when the Maharashtra government instituted a special SEBC (Socially and Educationally Backward Classes) category for them with 16% reservation.
The Supreme Court of India later however, declared the SEBC reservation for Marathas as unconstitutional.
Economic status
The Union Government tabled th
Constitution (One Hundred And Twenty-Fourth Amendment) Bill, 2019which provided 10% additional quota for the
economically weaker sections
Economically Weaker Section (EWS) in India is a subcategory of people having an annual family income less than and who do not belong to any category such as SC/ ST/ OBC across India, nor to MBC in Tamil Nadu. A candidate who does not fall under ...
amongst the erstwhile unreserved category students. The definition of 'economically weaker sections' will be defined by the State from time to time. The constitutional amendment has laid down that they will be restricted to people with household income less than 8 Lakh per annum and those who own agricultural land below five acres. ''
Business Today'' has commented that these criteria cover almost 100 percent of the population. Several petitions have been filed before the
Supreme Court of India
The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
challenging the legality of this amendment.
Exclusions
There are no exclusions for SC/ST people.
For OBC's people the following categories are not entitled to take advantage of the reservation system:
* Children of officials in high office as per the Constitution.
* Children of civil servants in high positions.
* Children of
armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
officers of high rank.
* Children of professionals and those engaged in trade and industry.
* Children of property owners.
* Children of people with annual income exceeding 8,00,000 (regarded as the "
creamy layer
Creamy layer is a term used in Politics of India, Indian politics to refer to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular back ...
").
Institutions of Excellence, research institutions, Institutions of National and Strategic Importance such as
Centre for Development of Advanced Computing,
Homi Bhabha National Institute
The Homi Bhabha National Institute (HBNI) is an Indian deemed university established by the Department of Atomic Energy, which unifies academic programmes of several of its constituent institutions. Deemed universities in India have been divid ...
and its ten constituent units, the
Tata Institute of Fundamental Research
Tata Institute of Fundamental Research (TIFR) is a public deemed research university located in Mumbai, India that is dedicated to basic research in mathematics and the sciences. It is a Deemed University and works under the umbrella of the De ...
(Mumbai), the
North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (Shillong),
Physical Research Laboratory
The Physical Research Laboratory (PRL) is a National Research Institute for space and allied sciences, supported mainly by Department of Space, Government of India. This research laboratory has ongoing research programmes in astronomy and astrop ...
(Ahmedabad), the
Vikram Sarabhai Space Centre
The Vikram Sarabhai Space Centre (VSSC) is a major space research centre of the Indian Space Research Organisation (ISRO), focusing on rocket and space vehicles for India's satellite programme. It is located in Thiruvananthapuram, in the India ...
(Thiruvananthapuram) and the
Indian Institute of Remote Sensing (Dehradun) do not have reservations for higher education. However Institutes of National Importance such as
Indian Institutes of Management
The Indian Institutes of Management (IIMs) are central government-owned-public business schools for management offering undergraduate, postgraduate, doctoral and executive programmes along with some additional courses in the field of busi ...
(IIMs),
Indian Institutes of Technology
The Indian Institutes of Technology (IITs) are central government owned public technical institutes located across India. They are under the ownership of the Ministry of Education of the Government of India. They are governed by the Ins ...
(IITs),
National Institutes of Technology
The National Institutes of Technology (NITs) are the central government-owned-public technical institutes under the ownership of Ministry of Education, Government of India. They are governed by the National Institutes of Technology, Scienc ...
(NIT) and Indian Institute of Information Technology (IIIT) have provision of reservation in admission process for undergraduate and graduate programs.
On 27 October 2015, 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 above table is valid as of January 31, 2023.
Creamy layer
The term ''creamy layer'' was first coined in 1974 in the ''State of Kerala vs N. M. 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". The 1992
Indra Sawhney & Others v. Union of India judgement laid down the limits of the state's powers: it upheld the ceiling of 50.21 percent quotas, emphasised the concept of "social backwardness", and prescribed 11 indicators to ascertain backwardness. The judgement also established the concept of qualitative exclusion, such as "creamy layer". The creamy layer applies only to OBCs. The creamy layer criteria were introduced at Rs 1 lakh in 1993 and revised to Rs 2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013, but now the ceiling has been raised to ₹8 lakh (in September 2017). In October 2015, the
National Commission for Backward Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to ₹15 lakh should be considered as minimum ceiling for OBC. The NCBC also recommended sub-division of OBCs into "backward", "more backward" and "extremely backward" groups and to divide the 27 per cent quota amongst them in proportion to their population, to ensure that stronger OBCs do not corner the quota benefits.
Reservation in states
; Andhra Pradesh :
Andhra Pradesh state percentage of reservation is around 50%. Including the overall 1/3 reservation for women, 66.66% of seats are reserved in Andhra Pradesh in Education and Government jobs.
Scheduled Castes – 15%
Scheduled Tribes – 6%
Backward Classes (A, B, C, D) – 27%
Physically Handicapped (Blind, Deaf & Dumb and OPH) – 3% (1% each)
Ex-servicemen (APMS only) – 1% (0.5% in general category)
Women – 33.33% (in all categories, means 16.66% in general category)
Andhra Pradesh BC quota has sub-quotas for castes, classified in A, B, C and D. Addition of disabled, ex-serviceman, women in general category 16.66% makes total reservation percentage 66.66%.
; Arunachal Pradesh :
Arunachal Pradesh has 80% reservation for Scheduled Tribes.
; Assam :
Scheduled Castes – 7%
Scheduled Tribes – 15%
Other Backward Classes – 27%
Economically Weaker Sections – 10%
Assam provides sub quotas for several other communities such as Morans,
Mataks and
Tea Tribes in medical colleges under the OBC category. In November 2020, Assam's cabinet extended this reservation to
Koch-Rajbongshis,
Ahoms and
Chutias. These six communities are demanding Scheduled Tribe status.
In January 2019, Assam approved EWS reservation.
; Bihar :
Scheduled Castes – 15%
Scheduled Tribes – 1%
Other Backward Classes – 34%
Economically Weaker Sections – 10%
First implemented in 1970 by
Garpoori Thakur, Bihar has a sub-quota within OBC quota of 18% for Extremely Backward Castes (EBCs) and 3% for Backward Caste women in government jobs and educational institutes. EWS reservation was implemented in 2019.
; Chhattisgarh :
Scheduled Castes – 12% ( now 16%)
Scheduled Tribes – 32% ( now 20%)
Other Backward Classes – 14%
Economically Weaker Sections – no provision
Chhattisgarh: Ordinance on OBC quota hike to 27% has lapsed, says high court.
; Delhi :
Scheduled Castes - 15%
Scheduled Tribes - 7%
Other Backward Classes - 27%
Since Delhi is a Union territory and subject to the Central government, government jobs in Delhi are designated Central Government jobs. In a 2018 Supreme Court decision, it was decided that since Delhi is the capital and no one is an "outsider" there reservations in the territory should follow the all-India pattern. Furthermore, these reserved jobs are open from reserved communities from outside Delhi.
; Goa :
Scheduled Castes – 2%
Scheduled Tribes – 12%
Other Backward Classes – 27%
Economically Weaker Sections – 10%
Physically handicapped - 3%
Ex-servicemen - 2%
Sportspersons - 3%
In 2014, the quota for OBC reservation was raised from 19.5% to 27%. In June 2019, Goa implemented EWS reservation in jobs and education.
; Gujarat :
Scheduled Castes – 7%
Scheduled Tribes – 15%
Other Backward Classes – 27%
Economically Weaker Sections – 10%
Gujarat also implemented a 33% reservation for general category women in government jobs. The government also banned reserved category applicants from competing for general category seats, but this was revoked in 2020. Similarly the women reservation was made cutting across all categories in 2020. Gujarat was one of the first states to implement EWS reservation, which applies to general category candidates with less than ₹8 lakhs income, not including other assets like land.
; Haryana :
Scheduled Castes – 20%
Other Backward Classes – 23%
Economically Weaker Sections – 10%
Ex-servicemen – 5%
Sportspersons – 3%
Physically handicapped – 3%
In Haryana OBCs are divided into A, B, C categories, each with 11%, 6% and 6% reservation respectively. Reservations in promotions are different, although still based on population. In 2021, Haryana passed a law mandating 75% reservation in private-sector jobs with incomes less than ₹25,000 for local candidates.
; Himachal Pradesh :
Scheduled Castes – 25%
Scheduled Tribes – 4%
Other Backward Classes – 20%
Economically Weaker Sections – 10%
In the Scheduled Areas which have a very high percentage of STs, such as
Kinnaur
Kinnaur is one of the twelve administrative districts of the state of Himachal Pradesh in northern India. The district is divided into three administrative areas ( Kalpa, Nichar (Bhabanagar), and Pooh) and has six tehsils. The administrativ ...
and
Lahaul and Spiti districts, percentage of ST reserved seats in government jobs are much higher.
; Jharkhand :
Scheduled Castes – 10%
Scheduled Tribes – 26%
Other Backward Classes – 14%
Economically Weaker Sections – 10%
BC are currently classified as being in Annexure 1 and Annexure 2.
; Maharashtra :
Scheduled Castes (SC) (13%)
Scheduled Tribes (ST) (7%)
Other Backward Classes (OBC) (19%)
Special Backward Classes (SBC) (2%)
Nomadic Tribes – A (Vimukta jati) (3%)
Nomadic Tribes – B (2.5%)
Nomadic Tribes – C (
Dhangar
Dhangar is a herding caste of people found in the Indian states of Maharashtra, Karnataka, Goa, Madhya Pradesh and Uttar Pradesh. They are referred as Gavli in southern Maharashtra, Goa and northern Karnataka, Golla (caste), Golla in Andhra Prad ...
) (3.5%)
Nomadic Tribes – D (
Vanjari) (2%)
Economically Weaker Sections (EWS) – 10%
Maharashtra has 62% reservation in educational institutions and government jobs.
; Uttarakhand :
Scheduled Castes – 19%
Scheduled Tribes – 4%
Other Backward Classes – 14%
Economically Weaker Sections – 10%
Uttarakhand
Uttarakhand ( , or ; , ), also known as Uttaranchal ( ; List of renamed places in India, the official name until 2007), is a States and union territories of India, state in the North India, northern part of India. It is often referred to as t ...
has 47% reservation in educational institutions and government jobs. In addition to vertical reservation, the state gives 30% horizontal reservation to women, 5% to the ex-servicemen (ES), 4% to persons with disability (PWD), 2% to the dependants of freedom fighters (DFF), and 5% to the orphans residing in the state-run orphanages.
See also
*
Backwardism
*
Affirmative action
*
Caste: The Origins of Our Discontents
*
Court cases related to reservation in India
__NOTOC__
The Indian judiciary has made judgments related to reservations, a system of affirmative action that provides for disadvantaged groups. These groups are primarily Scheduled Castes and Scheduled Tribes (SCs and STs), and from 1987 extend ...
*
Forward caste
*
Reserved political positions in India
*
Caste politics
*
Reservation policy in Tamil Nadu
*
Jat reservation agitation
*
Reverse discrimination in India
Notes
References
https://m.thewire.in/article/government/jharkhand-raises-reservations-for-sc-st-obc-ews-groups-to-77
Further reading
*Shourie, Arun (2012). Falling over backwards: An essay on reservations and judicial populism. New Delhi: HarperCollins Publishers.
*
External links
National Commission for Backward ClassesNational Commission for Scheduled CastesNational Commission for Scheduled TribesMinistry of Social Justice & Empowerment
{{DEFAULTSORT:Reservation In India
Law of India
Politics of India