Cast-based

Reservation in
India and its
implications.

PRESENTED BY ANURAG SAMANTA

AYUSH AGARWAL
RISHVA NERLE
RANBIR BHATIA
What does Cast-based Reservation
Mean?
Reservation is an act of withholding certain things for
being enjoyed by the particular person/community and
no other person/community has the right to enjoy the
reserved thing.
What is the Rationale for Reservation?
To Promote Social Justice
To prevent discrimination against any person on grounds of
backwardness
equal opportunity should be provided to every person.

The constitution framers never intended to include the

provisions of reservation for the elimination of poverty.
 Historical background on the
caste system in India and how it
has affected social and
economic inequality.
ORIGIN OF RESERVATION
PRESENT SITUATION
OF CAST-BASED
RESERVATION IN
INDIA
 Share in Inequality
OTHER MINOR Muslim
ST
2%
4% Muslim 4%
HINDU OBC
14% 15%
SC
11%

UPPER CASTE
ST
26%
8%

SC
16%

HINDU OBC Upper Caste

32% 67%

Share in Population. Share in Higher Education.

ECONOMICALY WEAKER SECTIONS

Before 2019, the reservation was provided mainly on

the basis of social and educational backwardness
(caste).
However, after the 103rd constitutional amendment
in 2019, economic backwardness is also considered.
As seen from the pie chart, about 60% of seats are
reserved in India
This also means that only 40% of seats are available
under merit.
 SC/ST Reservation
There is no concept of ‘creamy layer’ with respect to
SC/ST reservation. This means that irrespective of
the income status or the government posts held by
the parents, children of SC/ST parents will get SC/ST
Reservation.

OBC Reservation
There is a concept of ‘creamy layer’ with respect to
the OBC reservation. Only those from OBC who
comes under Non-Creamy Layer would get OBC
reservation.
 Reservation in
Educational Institutions
in India

Reservation in Educational Institutions

Originally there was no express provision in the Indian
Constitution regarding reservation of seats in educational
institutions.

Later on Article 15(4) was inserted in the Indian

Constitution, which provides for reservations in
educational institutions.
Initially, reservation in educational institutions was provided
for.

schedule caste and schedule tribe under Article 15(4) then,

Post 1993 reservations were made for Other Backward Class (OBC) by Article
15(5) based on the report of the Mandal Commission. As per this report, 27%
of seats were reserved for other backward classes in government jobs and
educational institutions.

and for Economically weaker sections (EWS) by Article 15(6) of the Indian
Constitution.
 Reservation Criteria

Schedule Schedule OBC EWS

Caste(SC) Tribe(ST)

15% 7.5% 27% 10%

 Remember!!!

All provisions in constitution in the consittution are

merely enabling.

It is not the Caste that is the basis of reservation but

the backwardness of the class that forms the basis of
reservation.
 Recent Landmark cases
1. Maratha Quota Case (2021)
The case eventually reached the Supreme Court,
which in May 2021, upheld the Maratha quota but
reduced it from 16% to 12% in education and 13% in
government jobs. The court also ruled that the total
reservation in the state should not exceed 50%, as
mandated by earlier judgments.

2. Lingayat and panchamasali qouta case(2017)

In 2017, a section of the Lingayat community
demanded a separate minority religion status, which
was eventually granted by the state government. This
led to a demand for a separate quota for the Lingayats,
which was challenged in court.
THE REAL
QUESTION:
IS THE CURRENT
CASTE-BASED
RESERVATION
JUSTIFIED.
 Multiple Axes of "Opportunity
Hoarding"

Location: Gender: Class: Community

URBAN MALES RICH UPPER

CASTE
HINDU
Why unequal Opportunities?
Grossly unequal access to quality education

Cultural Capital

Resource Multiplier

Conscious and Unconscious discrimination.

Invisibility of Privilages
IS CASTE-BASED
RESERVATION A
SOLUTION?
Is Caste-Based Reservation Just?
Caste as the criteria has advantages: a least fudge-able,
good proxy for others, redresses principle discrimination.
But reduces the capacity to address other forms of
disadvantage and discrimination

Caste-based reservation is necessary but not a sufficient

solution. Inadequate and in need of repair, but the most
effective instrument
How can we Improve Reservations?
Exclusion of "creamy layer" justified for upper OBC

Inter-generational benefits to be restricted.

Sub-classification within SC, ST, and OBC

.
Exclusion of castes that have crossed the threshold of "backwardness".

Move towards a multi-dimensional index of disadvantage.

Fair mechanism for evidence collection and analysis to suggest a

mechanism
Thank you!