PROTESTS AGAINST RESERVATION

PROTESTS AGAINST RESERVATION

1. JAIPUR: Students took to the streets and clashed with police over the now-stayed UGC’s caste equity regulations.
2. NAGPUR: The Reservation Hatao Movement (RHM) on July 30 made its on-ground debut in Nagpur with a rally.
3. LUCKNOW: They demanded a complete rollback of UGC rules and an end to caste-based reservation.
4. VISAKHAPATNAM: Students preparing for the National Eligibility-cum-Entrance Test (NEET) staged a silent protest in support of the Reservation Hatao Andolan (RHA) GEN-Z campaign.

CORE DEMANDS OF RESERVATION HATAO ANDOLAN

• The movement seeks to replace caste-based quotas with “income-based reservations.”
  • It argued that “poverty has no caste”.
• “One family, One reservation, One time”
• A minimum qualifying mark for all categories, and
• The transfer of unfilled reserved seats to the general category.
• Periodic reviews to move economically advanced communities off of the reservation list.

The proposal further called for a “sunset clause” to gradually phase out reservations as educational inequality narrows, while banning political parties from promising new or higher reservation quotas during elections.

EVOLUTION OF RESERVATION IN INDIA

1950: Constitution comes into force. By Presidential Orders, official notification of Scheduled Castes and Scheduled Tribes.

1979: Mandal Commission established. It submitted its report in 1980. Estimated OBC population at around 52%; recommended reservation and welfare measures.

1990: V.P. Singh Government implements Mandal recommendations. 27% reservation given to OBCs in Central Services.

1993: Indra Sawhney v. Union of India: Upheld 27% OBC reservation; introduced Creamy Layer; reaffirmed 50% ceiling.

2005: OBC reservation given for educational institutions also. (93rd AA)

2019: Introduced 10% EWS reservation through Articles 15(6) & 16(6)

2022: Janhit Abhiyan v. Union of India: Upheld the 103rd Constitutional Amendment and the 10% EWS reservation.

2024: State of Punjab v. Davinder Singh: Upheld sub-classification within SCs for equitable distribution of reservation benefits and discussed the concept of identifying advanced sections within SCs.

IMPACT OF RESERVATION

POSITIVE IMPACTS

1. Promotes Social Justice

• Corrects historical discrimination and exclusion faced by SCs, STs, and socially and educationally backward classes.
• Gives practical effect to Articles 14, 15, 16, 17, and 46.

Example: Greater representation of marginalized communities in public institutions.

2. Improves Representation

• Ensures participation of disadvantaged groups in:
  • Government services
  • Legislatures
  • Educational institutions
• Makes public institutions more representative of society.

3. Expands Educational Opportunities

• Enables first-generation learners to access higher education.
• Improves literacy and educational attainment among historically disadvantaged communities.

4. Enhances Economic Mobility

• Government employment and higher education improve income, job security, and living standards.
• Helps break intergenerational poverty.

5. Strengthens Democracy

• Broader representation increases the legitimacy and inclusiveness of democratic institutions.
• Encourages political participation among marginalized groups.

6. Reduces Social Exclusion

• Promotes integration of marginalized communities into mainstream institutions.
• Encourages greater social interaction and inclusion.

7. Encourages Inclusive Development

• Supports the constitutional vision of an egalitarian society.
• Contributes to achieving Sustainable Development Goals (SDGs), particularly those related to reducing inequalities.

8. Corrects Structural Inequalities

• Recognizes that equality requires addressing unequal starting points.
• Reflects the concept of substantive equality, not merely formal equality.

NEGATIVE IMPACTS:

1. Perceived Impact on Merit

• Critics argue that reservations may reduce the weight given to open competition in admissions and recruitment.
• Supporters counter that merit is shaped by unequal access to opportunities and resources.

2. Vote-bank Politics

• Reservation has often become a political issue.
• Demands for inclusion in reserved categories sometimes intensify around elections.

Examples: Agitations by Marathas, Jats, Patidars, Gujjars.

3. Creamy Layer Issue

• Relatively better-off members within OBCs may repeatedly benefit.
• The intended beneficiaries may not always receive the advantages.

4. Uneven Distribution of Benefits

• Within reserved categories, some communities are better represented than others.
• This concern led to discussions on sub-classification within SCs in recent judicial decisions.

5. Social Polarization

• Reservation debates can reinforce caste identities and create tensions between communities.

6. Continued Dependence on Caste

• Although intended to reduce inequality, reservation policies rely on caste as a basis for identifying beneficiaries.
• Some argue this may slow the transition toward a caste-neutral society.

7. Limited Reach

• Reservation mainly benefits those who can access schools, colleges, and competitive examinations.
• The poorest among marginalized groups may still lack the foundational education needed to benefit.

8. Does Not Address Root Causes

Reservation alone cannot overcome:

• Poor school education
• Malnutrition
• Healthcare deficits
• Lack of infrastructure
• Rural deprivation

9. Litigation and Administrative Complexity

• Frequent legal challenges create uncertainty.
• Issues such as:
  • 50% ceiling
  • Creamy Layer
  • Reservation in promotions
  • EWS criteria
  • State-specific policies often require judicial clarification.

SC’s VIEWPOINT

The Supreme Court has consistently held that:

• Reservation is an instrument of substantive equality, not an exception to equality.
• At the same time, it should be implemented in a manner that preserves administrative efficiency, fairness, and the constitutional balance between equality of opportunity and affirmative action.

WAY FORWARD

• Ensure periodic review of reservation policies using updated socio-economic data.
• Improve the identification of genuinely disadvantaged beneficiaries.
• Strengthen school education and healthcare to reduce structural inequalities.
• Expand scholarships, hostels, skill development, and mentoring alongside reservations.
• Ensure transparency in implementation and effective grievance redressal.
• Promote evidence-based policy making through regular socio-economic surveys.
• Balance social justice, efficiency, and equality of opportunity in line with constitutional principles.

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