Srujan Nakidi: Short history of reservations in India: Reason, Constitution and Supreme Court Judgements

Reason behind reservations:

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 1^st 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: 103^rd 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:

1. https://www.livehistoryindia.com/history-daily/2019/01/17/the-first-reservations-in-india

2. https://en.wikipedia.org/wiki/Communal_Award