Reservation in India Within Constitutional Ambit: An Overview

Abstract

Inequality is widely pervasive and deeply embedded in the Indian society with explicit manifestations in the socio-economic and political life of a large section of people on account of the normative structure of the Indian society. The constituent assembly constituted to frame the constitution of the Republic of India seriously deliberated on the issue, and resolved to adopt ‘reservation’ as an effective mechanism to address the issue of inequality. Reservation was considered a form of affirmative action to uplift the living conditions of the hitherto excluded and disadvantageously placed backward class of people who have been historically oppressed and denied of basic human dignity and equal opportunity. It was accorded constitutional status with provisions for representation of the underprivileged people in the parliament and state assemblies of the country, and their employment in the government controlled economic enterprises in fixed percentage. Reservation, as evidence suggests, has been instrumental, and has certainly played a very significant role in the uplift of the living conditions of the hitherto excluded communities.  But at the same time, it has also limited its scope, and kept away a large number of people in waiting on account of debatable criterion adopted in identification of the genuine and deserving groups and households. It is found that the first group of beneficiaries having availed of reservation benefits have established their monopoly at the cost of the remaining vulnerable groups who are left with no alternative other than to wait indefinitely because of non-pragmatism practised in implementation of the policy of reservation and in practical identification of the needy people. It is suggested that an institution with judicial power be created at the national level to meticulously prepare the group(s) of needy people for reservation, and closely monitor its implementation in letter and spirit of the constitutional provisions.