With continuous legal hurdles in the implementation of reservation, the reservation policy has not yet achieved the desired goal of fulfilling the targeted quota for SCs, STs and OBCs of the country who constitute a major portion of our population.
The information from 78 ministries/departments about representation of SCs, STs and OBCs as on January 1, 2016, reported by the Ministry of Personnel, Public Grievances and Pension says that out of total 84,521 employees in grade A job, 11,312 were SCs (13.38 per cent), 5,005 were STs (5.92 per cent) and 11,002 were OBCs (13.02 per cent). It means still the representation is much less than 50 per cent of the total employees.
But in case of group C (Safai Karmachari) out of total 48,997 employees, SCs were 22,124 ( 45.15 per cent), 3,384 STs (6.91 per cent) and 7,101 OBCs (14.49 per cent), which together constitute near to 66 per cent. Only in group B and C jobs the SCs and STs have filled their quota. The representation of SCs and STs in group A service has increased from 1.64 per cent and 0.27 per cent for SCs and STs respectively in 1965 to said level in 2016. It is fact that only because of the policy of reservation the representation of SCs and STs in governance has improved during last few decades.
It will take some time to ensure their full participation and to come up as competitors, so long as there will be no untouchability, caste-based discrimination and inequalities based on caste system.
The aim of reservation in Central Government job is not to address unemployment or economic development issues rather it aims to give equal participation/representation to a major section of people who were discriminated on the basis of untouchability and caste-based discrimination for a long time.
The time limit of caste-based job reservation has not been fixed for ten years only the political reservation was fixed for ten years and there is also provision of review after each ten years for its extension with constitutional amendment. The OBC reservation is also to address the social and educational backwardness of certain class of people who continue to be socially backward because of their caste/social identity.
The policy of reservation has also limited application and not covered certain areas such as higher judiciary and about 18 national institutions of excellence of the country etc. The Central Educational Institutions (Reservation in admission) Act, 2006 Section 4 says the institutions of excellence, research institutions, institution of national and strategic importance specified in Scheduled 4 such as HomiBhaba National Institute, Mumbai and its 10 constituent units, Bhaba Atomic Research Centre, Institute of Physics, Bhubaneswar, and Tata Institute of Fundamental Research and minority educational institutions are not covered under reservation.The Act provides 15 per cent reservation to SCs, 7.5 per cent to STs and 27 per cent to OBCs in Central educational institutions, established, maintained and aided by the Central Government.
Globally reservation has emerged as one of the most important instrument of ensuring representation of the marginalized sections who are historically denied participation in governance. It also gives scope of integration of a diverse society such as India based on hierarchical divisions by caste and has created scope of participation of the deprived sections in sharing the responsibility of nation building in many ways. Reservation in India has been proved as an endeavour to unify the caste divided society by democratizing education, employment and governance system and making it inclusive of all caste specially the low caste who are historically out of representation in economic, social and political sphere of social life.
The policy of reservation in practice has its historical context and social realities of our country. India is a multi-religious caste ridden society having most inhuman and rigid form of social practices such as untouchability being practiced till date. The caste system with hierarchical division of society has dispossessed the so called low caste for centuries together by denying them basic human rights and dignity. The Mughal rulers during their rule have not addressed untouchability and caste issues and later the British Government though largely maintained neutrality in socio-religious issues but made an attempt by allowing representatives of depressed classes, term used by the British to represent the untouchable communities, in three Round Table Conferences to present their issues. As a result of which the issues of depressed classes were officially discussed at Government level.
The British Government has done a survey through a census to identify the communities affected by untouchability and other forms of caste-based discrimination. The Census 1931 report revealed that the population of the depressed classes was 5, 01, 95, 770 constituting 21 per cent of the Hindu population and 14 per cent of total population of India. There were only 19 literates in every one thousand population and only two persons belonging to depressed classes were in job of the Central Secretariat. The communal award of separate electorate and separate settlement for the depressed classes demanded by Ambedkar was opposed by Gandhi but it was settled in a pact between Gandhi and Ambedkar popularly known as Poona Pact of September 24, 1932. Reservation has used as a historic political requirement for unity among Hindu communities to avoid the separation of depressed classes.
The formal official reservation of 8 per cent was provided to SCs for the first time in August 1943. Then after independence, reservation of 12 per cent was provided in respect of direct recruitment through open competition. The reservation was raised to 15 per cent with effect from March 25,1970, as per census 1961, in the central Government, Central public sector enterprise, and nationalized and public sector banks and autonomous bodies.
Along with SCs, there is also reservation of 7.5 per cent for STs and 27 per cent for OBCs started in 1993 based on social and educational backwardness with creamy layer cap of Rs 8.0 lakh per annum.
It has been observed that in spite of political positions as MLA, MP, Minister and holding top jobs in administration as IAS , IPS,IFS with economic development, the so called low caste people are not yet well treated socially. Even the change of religion also has not contributed much to improve their social status. Caste identity has been still a vital consideration in social relationship which is independent of economic status because improvement in economic condition does not change much some one’s social status in the caste society of India.
All the three pillars of democracy, legislative, executive and judiciary, must have scope of participation of people from all sections of the country to make them more representative and socially inclusive. There are three major areas having policy of reservation, legislative, executive, lower judiciary and educational institutions. Article 16 says about equal opportunity in matter of public employment for all citizens in matter relating to employment or appointment to any office under the State. Article 16(4) says the State shall make provisions for the reservation of appointments or posts in favour of the backward classes of citizens which in the opinion of the State is not adequately represented in the services. So reservation aims towards representation of those who are not being represented in Government services.
Again 14(4A) also speaks about provision of reservation in matter of recruitment through promotion for SCs and STs which in the opinion of the State are not adequately represented in the services under the State. Education is the foundation for any kind of participation; so the constitution has empowered the State to make provisions of admission to educational institutions, including private educational institutions, whether aided or unaided by the State, for the advancement of any socially and educationally backward classes of citizens or for the SCs and STs.
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