Reason
behind reservations:
1932 Sep, 24 – Poona Pact – Certain seats were reserved in general electorate to Depressed Classes, in place of communal electorates.
3. Creamy layer in OBC -
http://ncbc.nic.in/Writereaddata/Report%20on%20Income%20Criteria%20for%20Creamy%20Layer%20-Pandey635817940067450735.pdf
http://ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20by%2005052016%20page%20no15635980433155122719.pdf
In
India, caste system is prevalent and lower castes are denied access to
education and employment in Govt (Rajodyogi) for thousands of years. They were
not allowed to own personal property as well, and remained a slave class for
all these years. Hence, to undo this injustice, reservations were introduced.
History
of reservations in India:
1881
- Jyotiba Phule demands for reservation in his statement to Hunter Commission
on Education
1902
- Chatrapati Sahu Maharaj introduces reservations in Govt (Princely state of
Kolhapur). He started schools for downtrodden.
1909
Indian Council Act - Seperate Communal Electorates to Muslims in Minto-Morley
reforms (Muslim Members will be elected by muslim voters alone). Communal
electorates are like today teacher constituencies in MLC elections.
1919
- Communal electorates extended to Sikhs, Anglo-indians, and Europeans
1932
– After round table conferences, The Communal
Award was made by the British prime minister Ramsay MacDonald on 16
August 1932 granting separate electorates in India for the Forward Caste, Scheduled Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Depressed
Classes (now known as the Scheduled Caste) etc. The principle of weightage was
also applied.
1932 Sep, 24 – Poona Pact – Certain seats were reserved in general electorate to Depressed Classes, in place of communal electorates.
1950, Jan 26: Constitution of India grants reservation under Art. 15
and Art. 16( in public employment) and Art 46. Reservation in educational
institutions in provided under Art. 15 and Art. 46.
1950? Champakam
Dorai Vs State of Madras Case: Supreme Court held that reservations are against
Art. 14- Right to Equality.
Subsequently,
Constitution 1st amendment was made to Art. 14.
1963 Balaji Vs State of Mysore case : Supreme Court
states that sub-categorization as Backward and Most-Backward is not warranted
under Art. 15(4). States that maximum reservation that can be allowed is 50%.
1973 – Keshavananda Bharati Case – Supreme Court
defines basic structure of constitution. SC can review any decision (including amending
constitution) of Govt if it is violative of basic structure.
1778 – Janata Govt Appoints second OBC commission
i.e. B.P. Mandal Commission.
1990 – Govt accepts Mandal Commn report and issues
Office Memorandum to implement 27% reservation for OBCs in Govt jobs and Public
Sector Undertakings.
1991 – Govt issues O.M. to implement 10% reservation
to Economically Backward classes.
1990: Indira Sawhaney Case(Mandal Judgement): 9
member bench
Supreme Court strikes down reservations on basis of
economic backwardness; Reservations can’t exceed 50%; the ‘creamy layer’ of
OBCs to be excluded from reservations.
1993: Govt issues O.M. setting creamy layer
criteria, reserving 27% of jobs in central Govt to OBCs.
2006: Constitutional amendment to give reservation
to SEBCs in Educational Institutions. Art. 15 amended.
2019, Jan: 103rd Constitutional amendment
giving 10% reservation to Economically Backward Sections except those who are
already covered under reservation(i.e. SC/ST/SEBCs-Socially and Educationally
Backward Classes.)
References:
Further reading:
1. https://caravanmagazine.in/law/k-chandru-madras-hc-judge-ews-maratha-reservations-supreme-court
2. Sub-categorization of OBCs -
http://ncbc.nic.in/Writereaddata/Report%20on%20Sub-Categorization%20within%20OBCs%20-2015-%20Pandey635681469081640773.pdf
2. Sub-categorization of OBCs -
http://ncbc.nic.in/Writereaddata/Report%20on%20Sub-Categorization%20within%20OBCs%20-2015-%20Pandey635681469081640773.pdf
3. Creamy layer in OBC -
http://ncbc.nic.in/Writereaddata/Report%20on%20Income%20Criteria%20for%20Creamy%20Layer%20-Pandey635817940067450735.pdf
http://ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20by%2005052016%20page%20no15635980433155122719.pdf