Equality, the touchstone for reservation

As poignant as economic impoverishment and marginalization, are social ostracisation and disabilities arising on the basis of religion, race, caste, sex or place of birth. The Constitution of India envisions an egalitarian society and assures in its preamble social, economic and political justice and equality of status and of opportunity. The most potent fundamental right to equality is the fountain head from which principles of reservation for the underprivileged and the backward classes spring. The constitution therefore expressly provides that special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled castes and the Scheduled tribes shall not be considered as offending the equality principle. It is a reminder of the social and economic inequalities that fester our society and the conscious efforts needed to eradicate the scourge. The principles of state policy set out an agenda to strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

 Permanent Commissions at the Centre and the States

The Constitution abolishes untouchability and gives the power to the President (read, the Executive), after consultation with the Governor, to specify the castes, races or tribes who shall be deemed to scheduled castes in relation to each state. A National Commission for Scheduled Castes as well as for Scheduled Tribes are set up to investigate and monitor all matters relating to the safeguards, to inquire into specific complaints with respect to deprivation of rights and safeguards, to participate and advise on the planning process of socio-economic development, to make recommendations as to the measure to be taken by the Union and the States for effective implementation of the safeguards, etc.  Commission for Backward classes are also set up at the national and the state levels to investigate, and identify the difficulties faced socially and economically deprived section and make recommendations for their amelioration.

Political empowerment

Political empowerment is guaranteed by reserving seats to persons belonging to the scheduled caste a right of representation in the parliament and the state assemblies to an extent that will have a bearing on their presence out of the total population in the respective states. Proportional representation through reservation of seats for scheduled castes and scheduled tribes in the elections to Panchyats and Municipalities with a further reservation of one-third out of the total number of seats to be filled up by direct election for women have been the significant additions through the 74^th amendment to the constitution in 1992. it is a commonplace experience of how this change of law has impacted at grass root level a better distribution of political power to hitherto backward classes and women.

Reservations in educational institutions

Right to free and compulsory education to all children of the age of six to fourteen year is itself a fundamental right and the State is also empowered to make special provisions of reservation for admission to educational institutions, including private non-minority educational institutions, whether aided or unaided.

Reservation in public employments

Economic upliftment comes essentially through guaranteeing an adequate share of participation and selection, with relaxation in criteria especially as regards age, educational qualification are important objectives realized through reservations. Significantly, it shall not be merely at the entry level into public employment but also in matters of promotion with consequential seniority to any class or classes of posts , which in the opinion of the State are not adequately represented. Unfilled vacancies in a year which are reserved for being filled up in that year may be filled by in any succeeding year or years without clubbing with the vacancies of the year in which they are being filled up.   

Some limitations to reservation principle

    An affirmative action for special privileges is always tempered with reasonableness so that merit is never compromised. The judgment of the Supreme Court in Balaji placed an outer limit of 50% as the extent to which reservation may be possible through legislation. Indra Sawhney affirmed the principle and approved of even excluding a creamy layer within the backward classification who have attained to a higher economic and social status from the rule of reservation. The State-centric classification of identifying the scheduled caste/ tribe status, may, except in relation to some specified central services, fetter a person, who is a migrant from that state to another state to claim to such status. The scheme of reservation in the matter of employment extends by and large only to public institutions.