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THE CONSTITUTIONAL VALIDITY OF RESERVATIONS IN EDUCATIONAL INSTITUTIONS AND PUBLIC EMPLOYMENT

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This article is written by Priyadarshini Chakraborty of 7th Semester of Jogesh Chandra Chaudhuri Law College, an intern under Legal Vidhiya

ABSTRACT

Initially “Part three of the Constitution of India laid down and explained in every minute detail about the existence of the seven fundamental rights of the Indian citizens but after the 44th amendment to the Constitution of India, the fundamental rights of the Indian citizens were decreased to six. Right to Property that is Article 31 got withdrawn from the content of the Fundamental Rights of the Indian citizens in the Indian Constitution and became a legal right under the provisions of Article 300A.”

 The six Fundamental Rights of the Indian citizens mentioned under Part 3 of the Constitution are as follows:

“After the 103rd amendment to the Constitution of India, Article 15 clause 6 and Article 16 clause 6 were made a part of the Constitution enumerating the provisions that allow the State to make the reservation on preferential basis to the Economically weaker sections of the society for admission in both government and private educational institutions and also appointments in the government jobs.” Moreover the provisions under Articles 14 to 18 mention and explain in every detail about the reservations and that there should be no discrimination in the diversified land based on sex, caste, religion, race, descent, or place of birth. Just to end the evil practices of such untouchability or proving of a specific caste, sex, or religion as a superior being the introduction or constitutional validity has been given to specific sections of the society. In the eyes of the Law and according to the moral and the natural Law everyone and every individual are equal.

KEYWORDS: Right to equality, 103rd amendment to the Constitution, Article 15 and Article 16, India’s view, policy, and strategy to the Constitutional validation of reservation, laws in India, reasons to support reservation policy

INTRODUCTION

India is a diversified land with a vast and massive population of people from various religions, castes, races, and ethnicities. Reservation for a specific group of people is such a delicate and concerning topic that has been discussed even before the framing of the Constitution and is still discussed as a significant concerning issue even now. It is a real matter of fact that the Indian Constitution is the world’s largest written Democratic Constitution with various major as well as minor laws well codified. It is indeed a matter of debate that the world’s largest written democratic country is still now in the 21st century consisting of provisions for reservation for different classes, races, sexes, or religions when indeed it is considered that in a matter of real fact whether such reservations are required when the provisions of the Constitution try to achieve absolute equality amongst all its citizens without any kind of discrimination based on sex, class, caste, religion, descent or the place of birth of an individual. In practical and real terms indeed reservation is required in any field, for example in education or any job opportunities, which is still a matter of great debate and a high matter of discussion among people. The main focus of such reservations is to end all and any kind of discrimination and injustice to any individuals.

India’s view and strategies on the policy of reservation

The Constitution of India during its framing and actively coming into force in 1950 upheld the policy and strategy of reservation for a certain group of people who were felt to be lagging behind just because of a few evil as well as traditional practices of so-called “untouchability” in the society. Such classes of society were felt to be ignored during those times and were socially and educationally lagging behind just because of the evil and traditional practices of the people and hence were granted special eligibility provisions under Article 15 (4) and Article 16(4). Schedule Caste, Schedule Tribe, and other backward classes were such groups of people in the society who were continuously neglected inhumanly and hence to achieve “Equality for all” were granted reservations in a few fields for example few seats were specifically reserved for such people in the educational institutions or granted seats in the government jobs. Article 16(4) of the Constitution of India specifically draws attention and creates a well-defined outline of the employment criteria of such groups of people who are granted reservation to the Constitution of India.

Such policies or strategies were considered to be temporary at the time of the framing of the Constitution of India and were merely intended to decrease social inequalities at large in the society and end the evil as well as the traditional wrong believing of the people which were just inhuman in nature. It was only intended to uplift these people and justify the very word “democracy” of the Preamble of the Constitution of India. The very word Democracy means and promotes the right to equality for all the citizens of India without any discrimination based on “caste, colour, creed, sex or religion”. The reservation policy of the Constituent Assembly which framed the Constitution of India was merely a strategic step to end and decrease social inequalities and imaginarily false caste, colour, and creed hierarchy among the people of the “World’s largest written Democratic Constitution”. Moreover, the reservation policy aimed at giving advanced social justice to the non-represented groups of people in the society at large. When such groups of people attained equality with the society at large and also be treated as the citizens of India getting access to all the Fundamental rights and even the duties as enshrined under the Constitution of India not only constitutionally but also in the natural application as the rightful citizens of India without being faced with any discrimination based on caste, colour, creed or religion, such reservation policy was intended to be eliminated and removed from the provisions of the Constitution of India. Besides considering all facts of the modern rapidly advancing world with ideological thoughts of inequality India has perhaps developed in being a democratic country promoting and showcasing the ideology of the people as equal but even now such policy is still in practice and is considered to be unconstitutional in the society where the law is equal for all its citizens. Such reservation policy for a specified group of people is not only promoting inequality but also a deep hatred among various classes of people who are getting easy access to such policies. For the current scenario and the contemporary if the reservation is granted, that should not be based on a specific group of people but only on those individuals who are economically not strong enough to get and support the right education that is needed for them. Various theories and laws have been upheld in this widely accepted as one of the debatable topics and even the reservation policy in India has changed over the past years quite a considerable number of times. The Mandal Commission in the year of 1990 put a suggestion before the Government of India that the OBCs who make a quite a large number of the population should be given more adequate percentage of reservations. The reservation for the OBCs in educational Institutions and public employment was made to 27% in the year of 1992 based on the recommendations of the Mandal Commission.

Laws in India validating reservations in educational institutions and public employment

The Fundamental Rights as enumerated by Part Three of the Constitution of India do not provide any sort of reservation based on caste, colour, creed, or religion. It only provides reservations in the field of educational institutions or employment to a few groups of people who were felt to be lagging behind socially and not quite adequately developed during or at the time of independence due to a few evil practices in society. Such groups of people are Schedule caste, Schedule Tribe, and other backward classes of society. Article 330 and Article 332 lays down the provision for the reservation of seats in the union and state Legislative body for Schedule Caste and Schedule Tribes.  Article 15 clause 4 and Article 16 clause 4 mainly enumerates the provisions of granting reserved seats to such groups of people who fall under the provisions of Schedule Caste, Schedule Tribe, or any other backward classes of society in educational institutions or public employment opportunities. According to the Constitution of India, there is no specific definition or explanation of the wide term of the “backward classes” of the society. Article 340 of the Constitution vests the supreme power to the President of India to appoint a special commission to investigate and check matters and conditions of the socially and educationally backward classes of the society who are not adequately represented. Based on such reports of the appointed commission the President of India has specified who are the backward classes of society and also those who are not adequately represented in the society.

Reasons to support Reservation systems

 There are many theories and subjects of debate in this huge debatable topic and other justifications for the policy of reservation in educational institutions and public employment sectors. Whatever the considerable theories there might be for the policy of reservation, every individual somehow or the other comes to the point that there should be reservation to decrease the amount of inequalities and any social unfairness whether be it for specified groups of people or for individuals who cannot afford the best educational system and opportunity just for financial barriers. Back in times before the framing of the Constitution of India, cruel social inequalities took place. Such groups of people were not considered to be a part of the society and inhuman practices took place. Such groups of people were deprived of human common rights and were considered untouchables of the society and the community. To achieve equality in society, especially in a country with a huge and vast diversity like India it is more than necessary to achieve absolute equality in the community without any discrimination based on caste, colour, creed, or any other religion.

Case laws

  1. State of Madras V Champakam Doraijan

In the above-mentioned case, the Government of Madras had made a special kind of reservation of seats in Medical and Engineering educational institutions for a specified group of communities of people based on religion, caste, and race. The G.O. reservation of seats of students was made void by the Honourable Supreme Court of India as it made classification of students based on students. As a consequence of this case Article 15 Clause 4 was added to the Constitution of India. The First Amendment Act of 1951 just to overtime the Champakram judgement.

  1. In Jayasree V State of Kerala

In this case, the Honourable Supreme Court of India held that determining whether a specified group belongs under the category of other backward classes of society cannot be determined by social backwardness and poverty. Such grounds of determination are not enough to determine whether a specified group of people belongs under the category of other backward classes of society.

Conclusion

 The subject matter and topic of whether the reservation of specified groups of people is eligible for constitutional validity have long been a topic of discussion among individuals especially now when the country is advancing fast with tight ideologies and nobility. Where indeed such reservation policy is still needed or not where reservations are made for historically oppressed groups of the society. On the real subject matter, a reservation policy was required to end social injustices and inequalities.  The Supreme Court has time and again supported the notion and validity of reservations as a necessary and important remedy for historically oppressed groups of people. Reservations are criticised for fostering a culture in the name and development of society. In summary, the question of whether reservations need constitutional legitimacy is quite complicated still now.

Reference

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