THE EFFECTIVNESS OF RESERVATIONS IN THE INDIAN SOCIETY
Harsh Mahaseth1
A social hierarchy that has outlived all the others hierarchies would be the Indian Caste System.
The Varna system consists of four groups: The Brahmins, or priests, the Kshatriyas, or warriors,
the Vaishyas, or merchants, and the Shudras, or untouchables. These castes determine their
occupation and social standing in society. People are ascribed a caste by birth in India. It is not
only a way of social stratification but it also entails human suffering for numerous people on a
day-to-day basis. The Constitution of India post-independence has listed some groups as
Scheduled Castes (SC) and Scheduled Tribes (ST). The Objective Resolution of the Constitution,
which was moved by the first Prime Minister of India, Jawaharlal Nehru, on December 13, 1946,
included adequate safeguards to be provided for minorities, backward and tribal areas, and
depressed and other backward classes.2 The Constitution included reservations for the SC/ST
because the framers of the Constitution believed that the SC/ST were oppressed and denied equal
opportunity in the Indian society.3
However, such reservations are having the opposite effect of what was planned by the framers.
The reservation policies have failed to provide an equal status and opportunity to everyone. The
egalitarian society where people are given an equal status and opportunity has been shrouded by
a dystopian reality of discrimination and communal violence. The disparity between the people
belonging to different castes has increased due to the antagonistic attitude shown by each group.
The lower caste people feel like they are given less reservations while the upper caste people feel
that they are not given the same opportunities as the lower castes even with their merits and
dedication4. The lack of infrastructure in the rural parts of the nation, the lack of awareness in
1
2
3
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3rd Year BA LLB Student, NALSAR University of Law
M.L. Mathur, Social Justice, Constitution and Law, Encyclopedia of Backward Cates, Volume I, 203.
Puja Mondal, Reservation systems in India: Concept, Arguments and Conclusion, Available at
www.yourarticlelibrary.com/essay/reservation-system-in-india-concept-arguments-and-conclusions/24973/. (Last
accessed on 24/11/2016)
R. Jagganathan, Meritocracy, not mediocrity, is way ahead: Lessons from Sundar Pichai’s rise, First Post, August
12, 2015.
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such rural areas, the deprivation of such people from basic primary education and employment
all play a huge factor in this respect.
Article 15(4) of the Constitution of India states that “nothing in this article or in clause (2) of
Article 29 shall prevent the State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes”5. However, the term “backward classes” has not been defined anywhere in the
Constitution. In the case of M.R Balaji v. State of Mysore,6 the Court held that ‘caste’ may be a
relevant factor but it should not be the only factor to determine a backward class. Also in the
case of Janki Prasad Parimoo v. State of Jammu and Kashmir,7 the Court held that poverty
alone cannot be the test for backwardness. Finally it was decided in the case of K.S Jayasree v.
State of Kerala8 that neither caste nor poverty can be the sole factor but both of them are relevant
factors for determination of backwardness. Reservation policies may prove to do the opposite
effect of what it was made out to be, it promotes caste differentiation and special treatment and
depriving other groups of equal opportunity. The main goal of the Constitution is to create a
casteless society but determining backwardness on the basis of caste would reaffirm the caste
system instead of making it wither away. Such reservations perpetuate the notion of caste in
society which could create a partition among the castes resulting in the building of a wall
between castes that would affect inter-caste relationships. Merit should not be compromised with
in the name of reservation. By offering reservations we are promoting moderate credentials as
opposed to a merit based system. Such a reservation system has led to poor performances being
reflected in top institutions. It has been seen that 73 students were expelled from IIT Roorkee
because of their poor performance and dismal cumulative grade point average.9 Out of these 73
students, 90% of them belonged to backward classes. Such is the case for all top institutions such
as IIT, AIMS and National Law Schools. The cut-off percentage for backward classes is
relatively low compared to that of the general category. Due to such circumstances the SC, ST
and OBC students feel like they are under-prepared to survive the pressure while they are also
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Article 15, The Constitution of India
M. R. Balaji and Others vs State of Mysore, 1963 AIR 649.
Janki Prasad Parimoo & Ors. Etc.v. State of Jammu & Kashmir & Ors, 1973 AIR 930.
Kumari K.S. Jayasree & Anr vs The State of Kerala & Anr, 1976 AIR 2381.
G. Pramod Kumar, 90% IIT-Roorke dropouts are backward castes: A case against affirmative action?, First Post,
August 6, 2015.
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discriminated against by the general category students as well as the faculty sometimes. The
recent alleged suicide of the Dalit student at IIT Mumbai was said to be caused due to his
underwhelming performance in the examinations, all the uncleared papers from the past three
years and the discrimination he faced from students and faculty.10
In India reservations emphasize more on caste or tribe rather than a person’s income.
Reservations should exist but in a different form: people who cannot afford education should be
given a reservation so that they can afford to study and build a career on their own. Any other
form of reservation would only become a bane to society. However, this should not mean that the
people from backward classes should not be condemned to mediocrity of illiteracy.11 A solution
to this problem is to improve the quality of education. The standards of public and private
education in India are at two separate levels. The public schools should impart quality education
that can be considered as equal to its private counterpart.
Merit should not be compromised with in the name of reservation; the education system in India
should improve. Only then will India move towards becoming an egalitarian society with a better
literacy rate.
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11
Ibid.
S. Murlidharan, Merit vs. Caste: Reservation in schools doesn’t automatically ensure children emancipation, First
Post, August 11, 2015.
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