CASTE-BASED RESERVATION

Posted 15 Mar 2024

5 min read

Why in the news?

The Maharashtra State legislative assembly passed the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024, to provide 10% Reservation to the Maratha Community.

About the Bill

It was drafted based on a Maharashtra State Backward Class Commission (Shukre Commission) report.
It identified the Maratha community as a Socially and Educationally Backward Class (SEBC).
The bill provides for 10% reservation to the Maratha community in recruitment for government jobs, and admissions to public as well as private educational institutions.
- The Bill specifies that this reservation will be over and above the seats reserved for various communities under existing Acts in the state.
Reservation would be available only to the persons belonging to the SEBC who are not falling in the Creamy Layer.

Reasons for the rise in demand for reservation

Structural factors: Declining income from agriculture, and inability to find alternative opportunities and employment in the techno-innovation-driven new job market.
Challenges in the job market: Wages in the private sector, particularly at the entry-level, are much lower than in the public sector.
- Further, the latter provides more social security and is comparatively stable, thus the demands for reservation in public sector jobs.
Political Factors: Political mobilization based on caste too has fuelled demands for reservation. E.g. Patidars in Gujarat, the Kapus in Andhra Pradesh and the Jats in Haryana.
Relative deprivation: When a community feels other communities in their region, economically and socially in similar conditions, are getting the benefits of reservation, they also claim for the same status.
Intra-community variations: Despite relative dominance, there are significant intra-community variations in terms of income and educational outcomes among some communities.
- For instance, the economic division among the Maratha farmers of Marathwada and western Maharashtra. This led to demands for Maratha reservations.

Impact of Caste-based reservation

Social Justice: Correct the historical injustice faced by the persons belonging to specific castes, and to provide them a level playing field to compete.
Representation: Caste-based reservation is aimed to ensure adequate representation of marginalized communities in various sectors, including government jobs.
Substantive equality: Equality in the Constitution is not merely formal equality but embodies substantive equality, which means striking at vast socio-economic inequalities often based on caste.

Indra Sawhney & Others v. Union of India, 1992: 9-judge Bench of the SC,
- Set a ceiling of 50% on reservationsunder Article 16(4).
  - For exceeding reservation beyond 50%, extraordinary circumstances should exist, for which extreme caution is to be exercised.
- Court introduced the concept of a ‘creamy layer’ (socio-economically advanced among backward classes) who must be excluded from the benefits of reservations.
M. Nagaraj v. Union of India Case 2006: SC laid down three conditions that States had to meet, before providing reservations in promotions. The state had to provide,
- Quantifiable data on the backwardness of SCs/STs.
- Facts about their inadequate representation in public employment.
- Justification in favour of maintaining overall administrative efficiency.
Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.,2018: The SC did away with the requirement of collecting quantifiable data showing the backwardness of SCs and STs, for grant of quota for promotions in the government jobs.
Janhit Abhiyan v Union of India, 2022: SC upheld 103rd Constitution Amendment Act which provided for EWS reservation, based on economic criteria.

Issues with caste-based reservation

Social backwardness not necessarily caste based: Backwardness may include other factors too, like, residence, occupation, economic status or some other dominant feature.
The preferred treatment of those already benefited: Solely applying caste criteria as the basis of reservation leads to recurring benefits to those who may already have improved their position.
Antithetical to casteless society: Caste-based reservation policy leads to perpetuation of the caste system.
Multiplication of demand for reservation: Post reservation, there is a tendency even among dominant casts to seek the “backward” tag, in the hope of enjoying the benefits of reservations.
Ignores intra-caste inequalities: Significant intra-community variations in terms of income and educational outcomes, get ignored in a solely caste-based reservation.

Way Forward

Comprehensive socio-economic survey: To evaluate the implementation of reservation, and its outcomes, and to find out which group deserves reservation based on constitutional provisions.
Promote balanced economic growth: Caste-based reservation demand, particularly among dominant castes is often the manifestation of agrarian distress, lack of quality jobs, relative deprivation etc.
- Thus, there is a need to address the underlying issues through rural development, job creation, balanced regional development etc.
Creamy layer criterion: There is a need to uphold this criterion to ensure that those genuinely deserving, enjoy the benefits of reservation.