Updated Report on The Reservation Compliance Status
INTRODUCTION
The Constitution of India was made by the authority derived from the people. Its inception marked the accessibility to the Fundamental Rights, provided in Part III of the Constitution. While the Fundamental Rights existed as the rights for each and every citizen of the country, there existed some rights which were made to protect only the underprivileged class of the society. This essay would particularly be focusing on the debates revolving reservations, which can be seen as a by-product of the right to equality.
DEVELOPMENTS
After the implementation of the recommendation of the Mandal Commission report in the 1990, and the decision of the Supreme Court in the case of Indra Sawhney v. Union of India, the idea of backward class and merit became clearer and unambiguous. The Supreme Court defined how article 16(4) mentions classes and not castes. A caste could not be taken as backward class of citizens under article 16(4). The class-caste nexus was taken into account. The classification of the caste in a class was made on the basis that it was not properly represented in the services of the state. Educational and economic backwardness was also taken into account. Social backwardness was now seen as an outcome of educational and economic backwardness. Furthermore, this was the first time “economic criteria” were given so much significance.
The implementation of economic criteria got the creamy layer exclusion principle. The Bench in Indra Sawhney v. Union of India stated that if a “few members of the backward class are educationally and economically advanced, they would be disconnected from the backward class group as the connecting thread between the two classes snap, and they would be misfits for the class.” However, this principle was rejected as it was observed that it would be difficult to come up with a reasonable drawing line. The court further stated that economic basis should not be the only criteria and social advancement should be taken into account.
UPDATES
Article 16(4) of the Constitution enables provision of reservation to Backward Class of citizens, who are not adequately represented in the State. Reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) through executive instructions issued from time to time, which has force of law, as held by the Supreme Court in Indira Sawhney case.
As per extant instructions, reservation is provided to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all-India basis by open competition. In case of direct recruitment on all-India basis otherwise than by open competition, the percentage fixed is 16.66%, 7.5% and 25.84%, respectively.
As per information received from 71 Ministries/Departments, the representation of Scheduled Castes, Scheduled Tribes and Other Backward Classes in the posts and services under the Central Government as on 01.01.2014 is 17.35%, 8.38% and 19.28%, respectively.
While the representation of Scheduled Castes and Scheduled Tribes is as per the prescribed percentage, the representation of Other Backward Classes is less than the prescribed percentage due to the following reasons:-
(i) Reservation for Other Backward Classes started only from the year 1993.
(ii) OBC candidates who are appointed upto 1993, that is before introduction of reservation for OBCs, are not included for counting their representation;
(iii) There is generally a time gap between occurrence of vacancies and filling up such vacancies, as recruitment is a time consuming process.
CONCLUSION
Based on recommendations of a Committee headed by the Secretary, Ministry of Social Justice and Empowerment, time bound action plan for filling up backlog reserved vacancies has been intimated to all concerned Departments/Ministries on 20.11.2014 for filling up such vacancies by August 2016. The Action Plan includes study of reasons for non-filling of backlog reserved vacancies, review of prescribed standards, if required; conducting Special Recruitment Drive and conducting pre-recruitment training programs.
Thus, the economic criteria even though popularly suggested by many authorities was not taken into consideration. The bar on reservation was put on fifty percent. Reservation in the current day context is as relevant as it was fifty years ago. While certain urban areas may not discriminate people on the basis of caste and social class, the practice of class based discrimination is widely practiced in many parts of India. Making economic criteria as a part of reservation policy would be an important policy measure to ensure that those who benefited from reservation do not exploit it.
References:
- http://pib.nic.in/newsite/PrintRelease.aspx?relid=147326
- https://data.gov.in/resources/reservation-institutes-higher-education-student-and-faculty-position-category-wise-iits-01
- https://blog.ipleaders.in/reservation-road-ahead/
- https://data.gov.in/keywords/reservation