Debate on Reservations in Constituent Assembly - UPSC Notes!

The discussion on Reservations in the Constituent Assembly constituted a significant aspect of deliberations during that time. In India, reservations are allocated to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) at rates of 15%, 7.5%, and 27%, respectively, for direct recruitment through open competition nationwide. Additionally, reservation percentages for direct recruitment on an all-India basis stand at 16.66% for SCs, 7.5% for STs, and 25.84% for OBCs, outside the purview of open competition.

The discourse surrounding Reservations in the Constituent Assembly holds notable relevance for the UPSC IAS examination, particularly within the scope of General Studies Paper-2 syllabus. This article aims to delve into the meaning, concept, and the various arguments both in favor of and against reservations.

Reservation, as implemented in India, entails the allocation of seats in government institutions, educational establishments, and legislative bodies for specific segments of the populace. Initially, reservations were primarily based on socio-economic and educational backwardness, often tied to caste considerations. However, with the enactment of the 103rd constitutional amendment in 2019, economic deprivation has also been factored into the reservation criteria.

Reservation allocations in India are governed by various articles within the constitution:

• Article 15(4), 15(5), and 15(6) pertain to reservations in government educational institutions such as IITs and IIMs.

• Article 16(4) and 16(6) deal with reservations in government employment, including prestigious positions like IAS and IPS.

• Article 334 addresses reservations in legislative bodies, encompassing both the Parliament and State Legislatures.

History of Reservations in India

The historical backdrop of reservations in India traces back to the caste system entrenched within Hinduism, which categorizes individuals into four varnas: Brahmins, Kshatriyas, Vaishyas, and Shudras. These varnas, believed to have originated from Brahma, the creator deity, find mention in ancient Hindu scriptures. Over time, the varna system metamorphosed into the present-day caste hierarchy, shaping social structures and dynamics in the country.

Debate on the Reservation System in India

The crafting of the Indian Constitution spanned three years, commencing with the inaugural session of the Constituent Assembly on December 9, 1946.

Among the various deliberations within the assembly, the discourse on the Reservation System in India stands out as particularly significant.

Following the departure of the British colonial administration from India, there arose a pressing need to establish robust governing frameworks. The legislative body convened to draft the Constitution ensured that it addressed the interests of all social strata, encompassing both the privileged upper-class Hindus and the marginalized lower castes. Given the entrenched caste and class biases in Indian society, mechanisms such as reservation were deemed essential for upholding democratic principles.

Issues in the Debate

The discussion on Reservations in the Constituent Assembly was rife with various issues and complexities. Below are some of the key points raised:

The implementation of the Poona Pact, which aimed to provide a separate electorate for the disadvantaged classes to safeguard their interests, did not yield the expected results. Despite the agreement stipulating 28 seats in the central province for these classes (representing 25% of the population), they were only allocated 20 seats. This discrepancy, as pointed out by Kandenkar, was deemed unjust, prompting calls for reservations to be distributed in proportion to the population.

Another significant contention arose when opponents of reservations argued that Dr. Ambedkar's prominent roles as the law minister and chairman of the drafting committee within the assembly indicated that the nation had progressed beyond the need for reservations. It was asserted that Ambedkar's presence symbolized both symbolic and practical authority. However, it is noteworthy that the Indian National Congress's decision to elevate Ambedkar to such positions was primarily driven by political considerations, leveraging his legal expertise for their own benefit.

Debate In Favour Of Reservations

The Debate on Reservations in the Constituent Assembly held significant importance for several reasons:

1. Reservation policies for Scheduled Tribes (ST) have played a crucial role in enhancing their representation in state-run educational institutions and services, thereby aiding their socio-economic advancement.

2. The reservation of Other Backward Classes (OBCs) addressed the exclusion faced by this societal group, distinct from Scheduled Castes (SCs) and STs, by providing them with opportunities they previously lacked due to limited resources and educational access.

3. Economically Weaker Sections (EWS) Reservation catered to a section of society that, despite being socially advanced compared to SCs and STs, faced economic hardship, thus ensuring their access to resources and education.

4. Affirmative action and reservations have contributed to the social and economic upliftment of a significant portion of India's underprivileged and underrepresented population, mitigating the challenges they face due to historical neglect and injustice.

5. Caste-based reservations aim to rectify past injustices against socially underprivileged segments, thereby reducing disparities caused by resource deficiencies.

6. The reservation system in India has facilitated access to justice by providing free legal aid to SCs, STs, and women, who may otherwise struggle due to limited resources, information, and awareness.

7. Reservations provide assistance to socially and educationally underprivileged groups lacking access to resources such as finances and knowledge, enabling their integration into society.

Need of Reservations in India

For the initial decade following the inception of the constitution, the constituent assembly devised and implemented the reservation policy. Despite its inception, the policy remains in effect today.

Instances of violence against SCs/STs persist in various regions across the nation. Individuals belonging to lower castes and tribal communities, notably in India's northeastern provinces, are still targeted based on their ethnicity.

Socially disadvantaged classes remain entrenched in the Below Poverty Line (BPL) category. Representation of OBC and SC/ST communities in the public sector remains inadequate.

Caste-based discrimination remains prevalent in both rural and urban areas of India. Untouchability is still practiced in many parts of the country, with higher-caste individuals avoiding social interactions with lower-caste counterparts.

Inter-caste marriages continue to face societal taboos and scrutiny.

Considering these realities, it becomes evident that while a significant portion of the socially disadvantaged classes has made strides in economic and educational realms, they have not attained commensurate social status with their upper-caste counterparts. Consequently, a substantial segment of these communities remains marginalized, unable to fully benefit from existing strategies.

Debate Against Reservations

The debate surrounding India's reservation system often revolves around differing perspectives regarding the efficacy and implications of caste-based reservations. Some of the key arguments against the system include:

1. Reservation primarily benefits financially stable individuals within socially backward groups, leaving others within the same community marginalized due to lack of awareness and information. This defeats the original purpose of reservations, which was aimed at uplifting marginalized groups.

2. Rather than eradicating the caste system, caste-based reservations are seen as reinforcing it, as they are often exploited for political gains by certain individuals or groups.

3. Critics argue that reservation quotas amount to discrimination against those outside the reserved categories, contradicting the principle of equality enshrined in the Indian Constitution.

4. There are concerns that the reservation system may hinder India's educational and economic progress, as it doesn't ensure the meritocracy necessary for success in educational institutions and industries.

5. Some argue that reservation policies may actually worsen the quality of education and productivity among employees, rather than improving it.

6. Even within lower and backward castes, there exists disparity, where economically prosperous individuals within these groups also benefit from caste-based reservations, while economically disadvantaged individuals from higher castes do not receive similar benefits.

7. The perception of discrimination arising from reservation policies can fuel social unrest and tensions among different castes and classes within society.

Constitutional Provisions Regarding Reservation in India

The Constitutional Provisions Regarding Reservation in India are listed in the table below:

Supreme Court Judgements Regarding Reservations

The Supreme Court gave various judgments regarding reservations in India. The table given below will provide more insights into the Debate on Reservations in Constituent Assembly.

Result of the Debate On Reservations

The Debate on Reservations in the Constituent Assembly saw the proposal of four significant amendments. Below is a summary of these proposed amendments:

1. Representation of Anglo-Indians in the legislative assembly: This proposal was made by Pandit Thakur Das Bhargava, a member of the INC and Constituent Assembly.

2. Ambiguity surrounding the ten-year time period: Mr. Naziruddin Ahmed raised concerns regarding whether individuals holding reserved positions would be required to resign once the stipulated ten-year timeframe elapsed if the government was in power.

3. Removal of expiration period for reservations: Mr. Monomohan Das and Mr. Muniswami proposed eliminating the expiration period for reservations. However, Dr. Ambedkar opposed this amendment, citing that the legislature had previously agreed unanimously on the expiration period. He emphasized that any future alterations to this section would necessitate a constitutional amendment.

4. Extension of Reservation for Scheduled Castes: Dr. Ambedkar highlighted the disparity in privileges enjoyed by various minorities over time. He noted that while Muslims had enjoyed privileges since 1892 and Christians since the 1920 Constitution, the Scheduled Castes had only received benefits since the 1935 Constitution, effectively from 1937 to 1939. Given this shorter timeframe, Dr. Ambedkar advocated for a longer reservation period for the Scheduled Castes. However, he expressed willingness to comply with the resolution to end the ten-year period, while also leaving open the option to extend the timeframe if deemed necessary in the future.

Constitutional Amendments Regarding Reservations

The Constitution (93rd Amendment) Act of 2005 empowered states to enact special provisions for socially and educationally backward classes, Scheduled Castes, or Scheduled Tribes in educational institutions, excluding minority educational institutions.

The Constitution (95th Amendment) Act of 2009 extended reservations for Scheduled Castes and Scheduled Tribes, as well as special representation for Anglo-Indians in the Lok Sabha and state legislative assemblies, for an additional ten years.

The Constitution (103rd Amendment) Act of 2019 introduced a 10% reservation for the economically weaker sections (EWS) of society in public employment and admission to both public and private educational institutions.

Reason For Growing Demand of Reservations

People advocate for reservations due to the historical injustices experienced by specific communities, aiming for initiatives that uplift and empower them. These marginalized groups encounter limited access to education and economic resources, with reservations perceived as a means to mitigate these disparities. The objective of reservations is to provide marginalized communities with equitable representation in decision-making processes. The enduring presence of discrimination and bias against certain groups fuels the call for reservations. These initiatives are viewed as catalysts for advancing social and economic development, providing avenues for upward mobility and disrupting cycles of disadvantage.

Possible Way Forward

Providing access to high-quality education and skill development initiatives for marginalized communities is crucial in fostering equal competition and reducing dependence on reservations. Enacting policies aimed at fostering economic empowerment among disadvantaged groups is essential for building a more equitable society. Supplementing reservations with additional programs such as scholarships and financial assistance can further level the playing field for marginalized communities. It's important to periodically evaluate and refine reservation policies to ensure their effectiveness in addressing the evolving needs of society.

Conclusion

To fulfill the core objective of reservation, which is to address historical injustices, establish a fair opportunity for all individuals, ensure equitable representation, and uphold equality, it is imperative to eliminate the caste system and eradicate all forms of discrimination. Reforming India's reservation policy is essential to advocate for the marginalized and disadvantaged groups, ensuring they receive the necessary support and opportunities.