Reservation and Equality in India

The Maratha community in Maharashtra celebrated after the state government accepted demands for providing Kunbi caste certificates, making them eligible for reservation benefits in the Other Backward Classes (OBC) category. This reflects ongoing discussions and developments regarding reservation policies in India.

Reservation Policies and Recent Developments

• The leader of the opposition in Bihar, pledged to increase reservations to 85% if elected.
• The Supreme Court has notified the Union government about a petition demanding a 'creamy layer' system for Scheduled Castes (SC) and Scheduled Tribes (ST).

Constitutional Provisions

• Articles 15 and 16: These guarantee equality to all citizens and allow for special provisions to aid socially and educationally backward classes, including OBCs, SCs, and STs.
• Current reservation at the central level is: OBCs (27%), SCs (15%), STs (7.5%), and Economically Weaker Section (EWS) (10%), totaling 59.5%.

Equality: Formal vs Substantive

• Dr. B. R. Ambedkar in his Constituent Assembly speech in November 1948 justified the need to have reservations for backward communities that have been left out in the past. He also opined that reservations should be confined to a minority in order to uphold the guaranteed right of ‘equality of opportunity.’
• Supreme Court rulings, such as Balaji vs. State of Mysore (1962), established that reservations should not exceed 50% to maintain a balance of formal equality.
• The Indra Sawhney case (1992) reaffirmed this 50% cap but recognized caste as a determinant of class in India.
• Substantive equality aims to address historical underprivilege and underrepresentation, as discussed in State of Kerala vs. N. M. Thomas (1975).

Debate on Increasing Reservation

• There is a push to increase reservations beyond 50% to match the demographic proportion of backward classes.
• Demand for a caste census to obtain accurate data rather than relying on estimates.
• Government data indicates 40-50% of reserved seats for OBCs, SCs, and STs remain vacant.

Concentration of Reservation Benefits

• The Rohini Commission found that 97% of reserved jobs and educational seats are claimed by only 25% of OBC castes/sub-castes, leaving many communities unrepresented.
• There is no 'creamy layer' exclusion for SCs and STs, leading to concentration of benefits within these categories as well.

Policy Considerations

• In State of Punjab vs. Davinder Singh (2024), a push for 'creamy layer' exclusion in SC and ST reservations was suggested.
• The Central government, however, has decided against applying the 'creamy layer' to SCs and STs.

Future Directions

• Equality of opportunity is a fundamental right, and increasing reservations to 85% may infringe on this right.
• Sub-categorization among OBCs based on the Rohini Commission report and census data is crucial.
• A proposed 'two-tier' reservation system might prioritize more marginalized sections within SCs and STs.
• Skill development initiatives are essential to fulfill the aspirations of the youth, given limited public sector opportunities.

The need for comprehensive policy discussions post-2027 Census to address the diverse needs and aspirations of India's population regarding reservation policies.