Posted on: August 15, 2020 Posted by: ARCHANA PANDEY Comments: 0
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India is a democratic republic Nation that gets its independence on the 15th of August 1947from the United Kingdom. India is a country of diversifying cultural language customs beliefs religion and perspectives. As it is the second-largest country in the world in the context of population and the largest country in the form of area. In such a wide culture and diversified country, it is a herculean task to handle the public and look after the interest of every individual. In Indian society, reservation means any act which is reserving something for a particular category group. In India, the people are divided into four Varna’s that is Brahmin, Kshatriya, Vaishya, and Shudra. The Shudra has to go through very implications to living their life as they are governed by the upper caste people and there is no as such rules and regulation which look after their rights in that time.

History

India has a diversified nature in every scope includes religion caste culture language and their behavior. The only thing which unites them is that they all are citizens of India. In the pre-Indian history, there were no such rules which govern these of every individual will stop at that time Brahmins have the right to form laws with the help of Kshatriya that is a ruler. There are so many foundations that are imposed on Shudra as they are considered as untouchables there is no recognition given to them discriminatory rules are made for Shudra. They were considered as the worst person according to the hierarchy of Indian society they are there to serve all the remaining three classes. There were so many strict rules imposed on them like they are discarded from society, if anybody touches them then he or she must have to take a bath so that he can become pure. If anything was touched by Shudra then that’s will be decided as impure. They have to face criticism from the society because they discarded as a person who has no existence and they have to pay unbearable taxes

During the set period of revolution for independence is in progress there are so many leaders from different communities’ different backgrounds different mindsets are there together in one shade that is Indian National Congress. When India got its independence and it’s time to frame the constitution of free India was formed which includes learned persons from different backgrounds representing their community. One of the members and chairperson of the constituent assembly was Bhim Rao Ambedkar (B.R Ambedkar). He was selected from Mumbai as a member of the legislature. He was considered as the leader of Dalits and other backward classes. As he also belongs to the same community so he knows what the problems they faced and to what extent they are being exploited. Therefore, while forming the Constitution of India he was proposed the concept of reservation for socially and educationally backward classes under Article 46 of the Indian Constitution. The additional point which was included by him is that this criteria shell which changed after 10 years according to the situation and circumstances prevailed that time in the society.

Reservation in different Sectors

  • In education

 Education is the basic need of every individual in this place a child must have to be considered the same as each other irrespective of their caste or religion. But India the students belongs to the general category has to obtain at least 80 or 95+ India can weeks to get better colleges and opportunities. The contrast of this child who belongs to SC ST background if he scores 70 + in his exam then he can be able to get the same opportunity it’s at lower marks. Students belong to SC ST or other backward classes are perform more than the general caste students which creates and increased the gap between children from their childhood period.

  • In employment

As for the individual who wants to get a job in the private or public sector it is necessary to have good quality creation in their academic, extracurricular activities, and code of conduct. Meanwhile the section of the employees in any company or any job there is a specific reservation for a community who is socially and educationally backward now SC ST and somewhere OBC also. These backward classes’ applicants will be higher even though they have less talent and education regarding the same profession when preferred over the talented and the person who scores higher than them but his application is canceled because he belongs to a General community.

  • In Political Framework

In the political system of India, they are specified reserved seats for SC-ST classes in the legislature. In Lok Sabha out of 412 seats are reserved for scheduled castes and reserved for scheduled tribes. Every party has some members who belong to these reserved classes so that the seats can be filled in the legislation. The problem here arises is that if seats of reserved classes are empty then also these are not filled by the general class people and in the present conditions if any seats are empty in general has then that can be filled by the backward classes.

Problems

Increase the gap between people As the reservation is there from the childhood of the student it students seems that who scores lesson number then him even though he is getting that possibility for which another child is eligible it creates a gap between the students and that arises between them because if any backward classes student it is good in the study to achieve higher position then also people thought that he came at that place because of reservation and they have not received any respect from the society.

  • Killing of talent: It is not necessary that a person who belongs to SC ST caste will have that skills and knowledge which is required for a particular profession as it may be possible that the person may be from the general category have qualifications needed for that job but the problem is he is unable to get a positive because of reservation. As a result of which that talent will go out in the country to any foreign land and services for that nation.
  • Changed circumstances: In the air when BR Ambedkar form and propose the concept of reservation the condition of St class was very poor as they are unable to survive their life. But nowadays it seems that the economic condition is not defined as the cast of that particular person will stop it means that many of the SC or St Classes have high-quality standards of living and have much income in the hands so that they can run their life. And on the other hand, some so many people belong to the general category but the economic conditions are very poor for them as the same which was SC-ST at that time.
  • Low speed of development: The development of any country depends upon the skills and qualifications of the people who have worked in that particular scope. The concept of reservation cuts down the roots of talent and some so many people are on the chair is not capable to hold that position even though they are there because of this reservation concept. This creates a barrier in the way of development of the country as the chairperson have not enough knowledge about that particular scope so he or she is unable to handle that and can’t give their best.

Legal Framework

There are so many arguments and proceedings that are processed as it is moving from a period of 70+ years with the people so it is automatically understandable that problems will also arise.

In case, The State of Madras v. Smt. Champlakam Doral Ranjan[1], the Supreme Court has given its first major verdict as it gives rise to the first amendment. The Court said that under Article 16 (4) does the employment reservation is for the required that it is not mentioned in Article 15 in the Indian Constitution.

In case, Indra Sawhney v. Union of India[2], the court has decided the extent of Article 16 (4) whether the creamy layer enjoyed by OBC is right or not describe the limit regarding promotion in the reservation, and the reserved quota should not exceed 50%.

Government Schemes

As the conditions and circumstances of the country changed over the period the policies of the government should also be changed towards society. The scheme of the government regarding reservation is to provide somehow reservations based on economic structure and not based on the cast. Even does this practice only gives it a percent of the reservation to the people who belong to the general category and have a low level. Meanwhile, reservation based on caste system SC or ST is not changed until now in the Indian society.

Conclusion

The word reservation has no negative applications in that. It just literally means that in some areas or fields a reserve for the people of the system who are unable to attend the social well being. Giving reservations to a needy person has no issue for anyone. The bone of contention in this is when the reservation given to the person who has no means to him. According to the present situations and circumstances, the reservation criteria must have to be changed from the caste system to the economically based reservation. It gives hope should people who are unable to run their livelihood full song one more thing that has to be kept in mind while providing reservation is that in the field of education and employment the reservation can only have to give until the person can afford the cost of the child’s education. The concept of marks discrimination should be resolved no such barrier discrimination will be there for any student which apart from the rest of the society. There is only a name to a small change which will increase the growth and development in the country.

Endnotes:

[1]AIR 1951 SC 226

[2]AIR 1993 SC 447

References

http://www.legalservicesindia.com/article/479/Reservation-&-principle-of-equality.html

https://www.drishtiias.com/to-the-points/Paper2/reservation-in-india

https://www.jstor.org/stable/4396871

http://www.academicjournal.in/archives/2018/vol3/issue3/3-3-36

https://legalvidhi.co.in/constitutional-law/indian-reservation-system-not-a-fundamental-right/

Thumbnail Credits- https://blog.nextias.com/reservation-policy-in-india

ARCHANA PANDEY
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BA LLB  2nd Year Student at JAMNALAL BAJAJ SCHOOL OF LEGAL STUDIES BANASTHALI VIDYAPITH RAJASTHAN

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