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Reservation in India
17
Reservation
in India
Introduction
INTRODUCTION
1)What is exactly Reservation?
- System of affirmative action
- Reservation in India is all about reserving access
2) What is the purpose of reservation in India?
- Advancement of socially and educationally backward classes
- Adequate representation of any backward class of citizens
3)Reservation for whom and till when?
4)Should India need reservation now?
PROS AND CONS
As every coin has 2 sides so is the case of reservation.
So,Let’s talk about its pros and cons:-
PROS AND CONS
Pros of Reservation
PROS
- Ensure diversity in education,politics,jobs etc
- Equality in workplace and offers protection from hatred
- Promote equality
- Break stereotype regarding caste,religion and ethinicity
- It increases social mobility
- Need to compensate for centuries of oppression and discrimination
- Improve inclusion thus help in nation building
- Protect democracy
- Increase faith in state
Cons of Reservation
CONS
- Erosion of meritocracy
- Division of people on the basis of caste
- Huge competition in open category and students feel discriminated
- Reverse discrimination
- Low labour efficiency which Decreases economy
- Degradation of quality of students
- Votebank politics
ANALYSIS
ANALYSIS
- Recently, the Supreme Court has ruled that reservation in the matter of promotions in public posts is not a fundamental right, and a state cannot be compelled to offer the quota if it chooses not to. The idea that reservation is not a right may be in consonance with the Constitution, however, the government is still under the obligation to perform Reservation for vulnerable sections of society.
Enabling Provisions
Enabling provisions
1)What does the supreme court ruling hold?
2)Enabling provision-
- Article 16(1)
- Article 16(2)
- Article 16(4)
- Article 16(4A)
Judicial Scrutiny of Reservation
The Indian judiciary has made judgments related to reservations, a system of affirmative action that provides for disadvantaged groups. These groups are primarily Scheduled Castes and Scheduled Tribes (SC's and ST's), and from 1987 extended to Other Backward Classes (OBC's). Some of the court judgements have been modified by the Indian parliament.
Some major judgments are listed below:-
Judicial Scrutiny of Reservation
Indra Sawhney v. Union of India (1992)
Indra Sawhney v. Union of India (1992)
- Under Article 16(4)on basis of caste system
- Creamy layer
- Dispute raises should resolve in supreme court
M. Nagaraj v. Union Of India 2006
M. Nagaraj v. Union Of India (2006)
- Supreme Court validated Parliament decision
- Not Adequate represented in public employment
- It should not affect overall efficiency of administration
Jarnail Singh vs Lachhmi Narain Gupta case of 2018
Jarnail Singh vs Lachhmi Narain Gupta (2018)
- Extend creamy layer to backward classes ,SC/ST ,OBCs. is uncharted territory
- Supreme court has upheld reservation in promotion for SC/ST
- Govt is asking reconsidering it's verdict (2018 case)
Conclusion
CONCLUSION
- Creating a reservation system according to economic status
- The factors on which reservation system is based need to be changed
- Only needy people should get reservation
- Provide an opportunity for students to earn while they study
- Bring about revolutionary changes in our education system to improve education quality