RESERVATION
News:
In favour :
Reservation in India is a system of affirmative action that provides certain groups of people with preferential treatment in education, employment, and other areas. Here are some of the reasons why reservation is necessary for India:
Historical Injustice: Reservation serves as a means to redress historical injustices and create opportunities for marginalized communities, such as Dalits and Adivasis, who have faced systemic oppression.
Caste System: The deeply entrenched caste system in Indian society has traditionally relegated certain groups to lower social and economic positions. Reservation helps counteract these entrenched inequalities.
Social and Economic Disparity: By providing opportunities to the underprivileged sections of society, reservation aims to bridge the gap in social and economic disparities, promoting greater equality.
Inadequate Representation: Reservation ensures that marginalized communities receive adequate representation in education and employment, addressing the imbalance in opportunities available to them.
Prejudice and Discrimination: Reservation acts as a safeguard against prejudice and discrimination, ensuring that opportunities are not denied to marginalized communities based on their caste, religion, or gender.
Against :
Part XVI of the Constitution provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in both Central and State legislatures.
Articles 15(4) and 16(4) empower the State and Central Governments to reserve seats in government services for SC and ST members.
The Constitution (77th Amendment) Act, 1995 introduced Clause (4A) in Article 16, allowing the government to provide reservation in promotions for SC and ST employees.
The Constitution (85th Amendment) Act, 2001 modified Clause (4A) to grant consequential seniority to SC and ST candidates promoted through reservation.
The Constitution (81st Amendment) Act, 2000 added Article 16(4B), allowing the state to carry forward unfilled reserved vacancies for SCs/STs to the succeeding year, overriding the 50% ceiling on reservations for total vacancies in that year.
Articles 330 and 332 provide for the reservation of seats for SCs and STs in the Parliament and State Legislative Assemblies, respectively.
Article 243D mandates the reservation of seats for SCs and STs in Panchayats.
Article 233T requires the reservation of seats for SCs and STs in Municipalities.
Article 335 states that the claims of SCs and STs should be considered while maintaining the efficiency of the administration.
Constitutional Provisions Governing Reservation in India :
Part XVI of the Constitution provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in both Central and State legislatures.
Articles 15(4) and 16(4) empower the State and Central Governments to reserve seats in government services for SC and ST members.
The Constitution (77th Amendment) Act, 1995 introduced Clause (4A) in Article 16, allowing the government to provide reservation in promotions for SC and ST employees.
The Constitution (85th Amendment) Act, 2001 modified Clause (4A) to grant consequential seniority to SC and ST candidates promoted through reservation.
The Constitution (81st Amendment) Act, 2000 added Article 16(4B), allowing the state to carry forward unfilled reserved vacancies for SCs/STs to the succeeding year, overriding the 50% ceiling on reservations for total vacancies in that year.
Articles 330 and 332 provide for the reservation of seats for SCs and STs in the Parliament and State Legislative Assemblies, respectively.
Article 243D mandates the reservation of seats for SCs and STs in Panchayats.
Article 233T requires the reservation of seats for SCs and STs in Municipalities.
Article 335 states that the claims of SCs and STs should be considered while maintaining the efficiency of the administration.
Conslusion :
- Reservation is fair as long as it provides appropriate positive discrimination for the benefit of the downtrodden and economically backward sections of society.
- However, when it begins to harm society and grants privileges to some at the cost of others for narrow political ends, it should be reconsidered and possibly abolished as soon as possible.
- The true benefits of reservation should reach the vast majority of underprivileged children from deprived castes, not a select few privileged individuals who merely carry a caste tag.
