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Reservation and its Impact on Indian Society

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2/13/25, 2:27 AM Reservation and its Impact on Indian Society – Juris Centre

Reservation is a policy enforced by the Government of India to give openings to historically

marginalised and disadvantaged communities similar as Scheduled Castes( SCs), scheduled Tribes(
STs), and Other Backward Classes( OBCs). It aims to promote social justice and ground the gap
between privileged and depressed sections of society. The reservation policy has been a subject of
debate and contestation since its commencement. Some argue that it has helped in upping the
marginalised communities, while others believe that it has led to demarcation and hindered the
progress of the country. This thesis will explore the impact of reservation on Indian society by
assaying its history, perpetration, and consequences. Reservation in India is a government policy
that aims to give chances and representation to historically marginalised and depressed sections of
the society. It was introduced in the Indian Constitution to promote social justice and equivalency.
still, this policy has been a subject of debate and contestation, with some people championing for its
durability while others calling for its abatement. In this review, we will explore the impact of
reservation on Indian society, covering its advantages and disadvantages.

HISTORICAL BACKGROUND:

The British social rulers enforced several programs and laws that further strengthened the estate
system and institutionalised demarcation against lower castes. The Indian Penal Code of 1860 also
criminalised certain actions of lower gentries and lines, while the Felonious lines Act of 1871
labelled certain communities as “ felonious ” grounded on their estate and subordinated them to
social and profitable rejection. After India gained independence in 1947, the recently formed
government honoured the need for social justice and enlistment of marginalised sections of society.
The Constitution of India, taken in 1950, included vittles’ for reservation in education and
employment for Scheduled Castes( SCs) and Scheduled Tribes( STs). This was done to address the
literal and systemic demarcation faced by these communities and to give them chances for social
and remunerative mobility. In 1953, the first Prime Minister of India, Jawaharlal Nehru, introduced
the first reservation policy, known as the “ Peruvian Socialism ”, which aimed at promoting social
and profitable equivalency through affirmative action. This policy also included provisions for
reservation for Other Backward Classes( OBCs), who were supposedly socially and educationally
underprivileged. Over time, the reservation policy has gone through several amendments and
additions. In 1989, the Mandal Commission was set up to identify and give reservation for OBCs in
government jobs and educational institutions. The commission’s recommendations were enforced in
1990, leading to wide protests and violence by upper- estate groups. the issue of reservation has
been a subject of heated debate and contestation. While numerous argue that reservation has played
a crucial part in upping marginalised communities and promoting social justice, others condemn it
for immortalising estate- grounded division and hindering merit- grounded selection. There have
also been demands for reservation grounded on profitable status rather than estate. The
Constitution of India, under Articles 15( 4), 16( 4), and 46, handed for the reservation of seats in
educational institutions and government jobs for slated gentries, slated lines, and Other Backward
Classes( OBCs).

RESERVATION IN EDUCATIONAL INSTITUTIONS IN INDIA:

Reservation in educational institutions has been a hotly debated topic in India for numerous
decades now. It refers to the policy of reserving a certain chance of seats in educational institutions
for specific orders of people, similar as Scheduled Castes( SC), Scheduled Tribes( ST), Other
Backward Classes( OBC), and economically weaker sections( EWS). The reservation policy was first
introduced in India in the form of affirmative action in the Constitution of India, under Article 15( 4)
and 16( 4). The end was to give chances for historically marginalised and depressed sections of
society to pierce education and employment.[1] Still, over time, the reservation policy has become a
contentious issue, with numerous arguing for and against it. Presently, the reservation policy in
India includes 15 reservations for SCs,7.5 for STs, 27 for OBCs, and 10 for EWS in government jobs
and educational institutions. This reservation policy covers all government- backed educational
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2/13/25, 2:27 AM Reservation and its Impact on Indian Society – Juris Centre

institutions, including universities, sodalities, and professional courses. Private institutions are also
needed to reserve a certain chance of seats for these orders, but the exact chance may vary from state
to state. The policy of reservation also applies to admissions to prestigious institutions like the Indian
Institutes of Technology and Indian Institutes of Management. Reservation has also faced criticism
for being a form of rear discrimination against those who don’t fall under the reticent categories.
numerous argue that merit should be the sole criteria for admission to educational institutions, and
reservation goes against this principle. It has also been refocused that the policy of reservation has
not been suitable to achieve its intended goals in terms of enlistment of the marginalised
communities. What’s demanded is a comprehensive review and reform of the reservation policy,
taking into consideration the changing social and profitable dynamics of the country. It’s important
to strike a balance between promoting social justice and icing merit- grounded admissions in
educational institutions.

RESERVATION AND POLITICAL REPRESENTATION:

India’s system has been deeply hardwired in its society for centuries, with the four main varnish(
Brahmins, Kshatriyas and Shudras) determining one’s social status and occupation. Dalit’s, formerly
known as rejects, were considered the smallest in the estate scale and faced severe demarcation and
rejection from society. The British social rule further corroborated estate divisions by enforcing
programs that favoured the upper gentries which proposed separate electorates for Dalit’s( formerly
known as untouchables) and other nonage communities. This sparked wide protests and led to the
signing of the Poona Pact between Mahatma Gandhi and Ambedkar, which replaced separate
electorates with reserved seats for Dalit’s within the Hindu community. This pact laid the foundation
for the reservation policy in independent India. The Indian government has enforced reservation
programs in education and employment sectors, but the focus of this thesis is on political
representation. The Constitution of India provides for reservation of seats in the Lok Sabha( lower
house) and the Rajya Sabha( upper house) for Scheduled Castes( SC) and Scheduled Tribes( ST)
communities. also, a share system is in place for Other Backward Classes( OBCs) in government
jobs[2] . The OBC representation has also increased from 17.1 in 1996 to 27 in 2019. This increase in
representation has given a voice to these communities and their issues in the decision- making
process. Reservation has been necessary in bridging the gap between the privileged and depressed
sections of society. It has provided opportunities for education and employment to those who were
preliminarily denied access due to their social and profitable status. This has resulted in the overall
development and upliftment of these communities, leading to a further inclusive and just society[3]

RESERVATION BASED ON CASTE :

In India in 1950 through the Constitution, with the end of promoting social justice and equivalency.
It was originally meant to be a temporary measure for a period of 10 times, but it has been extended
and continues to be a contentious issue in the country the reservation system has also faced review
for being a form of demarcation against those who don’t belong to the reticent orders. numerous
argue that it goes against the principles of meritocracy and creates an unstable playing field for all
individualities. This has led to resentment and pressure among different communities. This has also
resulted in a decrease in the quality of education and work due to the reservation of seats for certain
categories. In recent times, there have been several legal challenges to the reservation system, with
some arguing that it violates the principle of equivalence elevated in the Indian Constitution. The
Supreme Court of India has also given several judgments limiting the extent of reservation and
emphasising on the need for a more indifferent distribution of opportunities .[4]

MISUSE OF RESERVATION :

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One of the biggest issues with reservation in India is the lack of proper perpetration and monitoring.
The criteria for eligibility are frequently not duly defined, leading to confusion and manipulation.
numerous people who don’t belong to the reticent orders manage to gain fake estate instruments
to mileage the benefits of reservation. This not only deprives the meritorious campaigners of their
due openings but also creates a sense of resentment and animosity among different communities.
Another form of misuse of reservation is through political influence. numerous political parties use
reservation as a tool to appease certain vote banks and gain their support. This results in
undeserving campaigners getting benefits of reservation, leading to the rejection of the truly
deserving campaigners. numerous rich and privileged individuals falsely claim to belong to SC,
ST, or OBC orders to secure reticent seats in education or jobs, depriving the meritorious
campaigners of their rights. Another form of abuse is the practice of “ delicate Sub caste ” rejection,
where individualities from the reticent orders who are financially well- out and socially privileged
still continue to mileage of reservation benefits. This practice goes against the veritably idea of
reservation, which is to hoist the marginalised and economically weaker sections of society. Firstly
there should be stricter verification and scrutiny processes in place for estate instruments. corrective
measures should be taken against those set up shamefaced of using fake instruments. Secondly, the
delicate sub caste rejection should be enforced more rigorously to insure that the benefits reach the
truly meritorious individualities. Thirdly, there should be a periodic review of the reservation
programs to assess their effectiveness and make necessary changes.[5] Reservation was introduced
as a means to achieve social justice and promote equivalency, but its abuse has led to the dilution of
its purpose

JUDICIAL REVIEW IN RESERVATION :

Judicial review in reservation in India refers to the power of the bar to review and strike down any
laws or government conduct related to reservation programs. The Indian Constitution incorporated
the conception of reservation to promote social justice and hoist the backward classes. The power of
judicial review in reservation matters is derived from Article 32 and 226 of the Indian Constitution,
which gives the Supreme Court and High Courts, independently, the power to issue writs for the
enforcement of abecedarian rights. This means that any individual or group can approach the courts
if they believe that their abecedarian rights have been violated due to reservationpolicies. One of the
major examines of the reservation system is the practice of caste- grounded reservation, which has
been deemed unconstitutional by the Supreme Court. The court has held that reservation shouldn’t
be solely grounded on estate but should also consider other factors similar as profitable status and
educational backwardness and Another important aspect of judicial review in reservation is the
conception of reservation in elevations. The Supreme Court, in the case of M. Nagaraj Vs. Union of
India, held that the state isn’t bound to make reservations in elevations, but if they choose to do so,
they must collect quantifiable data to show the backwardness of the particular class and inadequacy
of representation in public employment. judicial review in reservation in India has been pivotal in
icing that the reservation system is enforced effectively and in agreement with the principles of
equivalency and social justice

CONCLUSION: The impact of reservation on Indian society has been both positive and negative. On
one hand, it has handed openings for education, employment, and representation to historically
oppressed communities similar as Dalit’s and Other Backward Classes. This has helped in reducing
the gap between the privileged and depressed sections of society and has led to the commission of
these communities. It has opened doors for individualities from marginalised communities to
break free from the cycle of poverty and demarcation. However, there’s a need for continuous
evaluation and enhancement of the reservation policy to insure that it’s achieving its intended
pretensions without hindering the progress of the nation. Additionally, there’s a need for a further
comprehensive approach towards addressing social inequalities and promoting inclusive growth in
Indian society.
[1]
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2/13/25, 2:27 AM Reservation and its Impact on Indian Society – Juris Centre
[1] Ankit Singh, Reservation in indian education system, Volume-2 International Journal of Trend in
Scientific Research and Development 1230–1234 (2018) ( Lastly accessed in March 21)
[2] Jagannath Ambagudia, Scheduled tribes, reserved constituencies and Political Reservation in
India, 5 Journal of Social Inclusion Studies 44–58 (2019).
[3]
S.R. Maheshwari, Reservation policy in India: Theory and practice, 43 Indian Journal of Public
Administration 662–679 (1997) ( Lastly accessed in March 21)
[4] Vishal N & Dr. Sreeya B, Public opinion on change in reservation policy, 24 International Journal
of Psychosocial Rehabilitation 2878–2884 (2020) ( Lastly accessed in March 21)
[5]
Chunuram Soren, Reservation in India: Rhetoric and reality, 9 International Journal of Advanced
Research 507–515 (2021).( Last accessed in March 21)

Author: K Prasanna

 LEGAL ANALYSIS

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