KO T H A RI | 1

TABL
E OF
CONTE
NTS

1. Acknowledgement ...... 2
2. Declaration .. 3
3. Scope of Study ..... 4
4. Objectives ..... 4
5. Research Methodology ... 4
6. Introduction ... 5 - 6
7. A Survey of the Reservations Policy ... 6 9
8. Accounting for Success .. 10
9. Administrative Deficiencies 11 12
10. Have Reservations Worked? ........ 13 - 14
11. Are Reservations Enough? ... 14 - 15
12. What Can be Done? .. 15 16
13. Conclusion .. 17 18
14. Bibliography and Webliography... 19 - 20

ACKN
OWLE
DGEM
ENT

KO T H A RI | 2

I, Jay Kothari take genuine pride and pleasure in presenting this project with the grace of the
almighty to Mrs. Alka Mehta. I would first of all like to express my most sincere gratitude to
Mrs. Alka Mehta for her paramount support and encouragement. I am thankful for being
given the honour of making this project on Reservations for Equality Reality or Myth? I
am thankful to the library staff and committee members for all the conveniences which
played a major role in the completion of this project. I would like to thank my family for their
perpetual support and encouragement. I would also like to thank my friends for their support
and advice. Last but the most important, I would like to thank God for keeping me in good
health and senses to complete this project. I am thankful to my seniors for all their boundless
support, encouragement and valuable advice whenever needed. I present this project with a
humble heart.

JAY KOTHARI
(Semester I, English)

D
ECLAR
ATION

KO T H A RI | 3

I, Jay Kothari, Hereby declare that, the project work titled Reservations for Equality
Reality or Myth? submitted to H.N.L.U., Raipur is record of an original work done by me
under the able guidance of Mrs. Alka Mehta, Faculty Member, H.N.L.U., Raipur.

- Jay Kothari
Semester I
B.A. LL.B. (Hons.)
Roll no. 63

SC
OPE
OF
STUDY

KO T H A RI | 4

The scope of my study includes the nature of reservations, their implementation to bring
equality between citizens of a country and the myths and realities associated with
reservations. The project also concentrates on the ideology behind reservations and their
ground level implementation with special attention to the effects of such provisions.

O
BJECT
IVES

The basic objectives of this project are :1.

2.
3.
4.

To study the ideology behind reservations.

To study the nature of reservations.
To study the impact of reservations in India.
To get a deep insight into the realities and myths of reservations.

RESEA
RCH
METH
ODOL
OGY
IN
TROD
UCTIO
N

The project work is descriptive and analytical in nature, It is a critical evaluation of what
reservations are, what was thought to be their outcome and what the reality is. It is largely
based on various sorts of reservations that we have and what their impact is. The primary
sources that proved to be helpful for the completion are books and the internet.

KO T H A RI | 5

Reservation in India is the process of setting aside a certain percentage of seats for members
of the backward and under-represented communities. Reservation is a form of quota-based
affirmative action. It is governed by constitutional laws, statutory laws and local rules and
regulations. Scheduled Castes (S.C.), Scheduled Tribes (S.T.) and Other Backward Class
(O.B.C) are the primary beneficiaries of the reservation policies under the constitution with
the object of ensuring a level playing field.
The primary stated objective of the Indian reservation system is to increase the opportunities
for enhanced social and educational status of the underprivileged communities and thus uplift
their lifestyle to have their place in the mainstream of Indian society. The reservation system
exists to provide opportunities for the members of the Scheduled Castes and the Scheduled
Tribes to increase their representation in schools, colleges and other public institutions.
The Constitution of India states in article 16(4) : Nothing in article 16 or clause 2 of article
29 shall prevent the state from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes. Article 46 of the Indian Constitution states that The state shall promote
with special care the educational and economic interests of the weaker sections of the people,
and, in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.
In 1982 the Constitution specified 15% and 7.5% of vacancies in public sector and
government-aided educational institutions as a quota reserved for the SC and ST candidates
respectively for a period of five years, after which the quota system would be reviewed. This
period was routinely extended by the succeeding governments. The Supreme Court ruled that
reservations could not exceed 50% (which it judged would violate equal access guaranteed by
the Constitution) and put a cap on reservations.
The reservation system has received a mixed response from Indians since its inception. It has
been praised for diminishing the gap between the upper and the lower castes by allowing the
latter to enjoy the further increased opportunities as the former in jobs, education and
governance by allotting seats exclusively for them. It has also been criticised for discouraging
a merit-based system and encouraging vote bank politics.

KO T H A RI | 6

A
SURVE
Y OF GOVERNMENT SERVICES
RESER
VATIO
NS
POLIC
Y

As Marc Galanter has observed, government employment in India is widely considered

prestigious and a guarantor of security and advancement1 . Government jobs still account for
majority of the jobs in the economys organised sector. Table 1 illustrates that despite serious
attempts at liberalisation beginning in 1991, the public sector continues to dominate the
Indian economy and serve as the main source of employment. As a result, reservations in the
coveted area of government services take on increased salience.

Source: Statistical Abstract, India, 2000, pg. 263

Table 2 summarises representation of SCs in the four classes of Central Government
Services from 1959 1995.

Table 2. Percentage of SC Employees in Central Government Services

Marc Galanter, Competing Equalities : Law and the Backward Classes in India,. Delhi :
Oxford University Press, 1984, 84-85p.
1

KO T H A RI | 7

Source: National Commission for Scheduled Castes and Scheduled Tribes, Seventh Report.
It is clear that there has been a general rise in SC representation in all four categories of
employment in central services across time. The SC presence in Class I, for instance, has
increased by ten-fold, from 1.18 per cent in 1959 to 10.12 per cent in 1995. The Class II
figures show an upward trend from 2.38 per cent in 1959 to 12.67 per cent in 1995. The
lowest class, which initially had more SC employees in 1959 than any of the other classes
had in 1995, had had a slower rate of increase.
While these are all good indications that reservations are working, it is difficult to ignore
certain realities that detract from this success. SC representation in the Classes I and II, after
over 50 years, still fall short of the reservations quota of 15 per cent for SCs while the lessprestigious and lower paid Class III and IV jobs are amply filled. Even prior to 1970, when
quotas were set at 12.5 per cent, only class IV met the quota of places allotted to SCs.
However, because reservations apply to only current appointments and the average service
career is around 30 years, it is a time consuming process for the percentage of posts held to
equal the percentage of positions reserved. The steep increase in Class I and II positions since
the 1960s suggests that the percentage of new SC recruits is nearing the SC reservations
quota.
Another factor undercutting the reservations is the prevalence of false caste certification.
Non-SCs, whether out of opportunism or desperation, have been known to pose as SCs in
order to take advantage of reserved government jobs in addition to another benefits afforded
to SCs, such as relaxation of maximum age limits, and waiving of civil services exams and
fees.

EDUCATION
Education has long been identified as key to achieving the advancement of the SCs. In line
with Article 15(4) of the Constitution, which empowers the state to make special provisions

KO T H A RI | 8

for the educational development of SCs, the Indian government currently allows the
reservation of 15 per cent of seats for SCs in universities and colleges. This policy covers
enrolment in various undergraduate and graduate courses of general, technical, medical and
other professional education. Reservations can also extend to the allotment of places in
dormitories. State governments observe different rates of observation, based on the size of
their SC populations.
Along with these measures, the central and state governments have also instituted
scholarship/stipend programs, as well as initiatives to furnish SCs with special tutoring,
books, mid-day meals, stationary and uniforms. One such scheme funded entirely by the
central government, provides four years of special and remedial tutoring to select secondary
school students to help SCs gain admission to universities and technical institutions2.
Created in 1956 by an Act of Parliament, the University Grants Commission (U.G.C.)
oversees the implementation of these policies in institutes of higher education. There are
currently 166 Central/State Universities, 37 deemed universities and 9,278 colleges 3. The
UGC has routinely published guidelines to encourage and aid state governments in filling
reservation quotas entirely.
Despite these special concessions, enrolment statistics for the undergraduate, post-graduate,
technical and professional courses indicate that the SC are still under-represented, with only
13.3 per cent enrolment (Table 3). This falls short of both the instructed reservation of 15 per
cent of seats as well as the proportion of SCs to the total population. However it should be
noted that the percentage of SCs in courses of higher education have almost doubled since
1978.

Table 3. Enrolment in Undergraduate, Post-Graduate, Technical and Professional

Courses
2 National Commission for Scheduled Castes and Scheduled Tribes, Annual Report: 1993-

94, 18-22p.
3 National Commission for Scheduled Castes and Scheduled Tribes, Annual Report: 1996-97
&1997-98, 78-79p.

KO T H A RI | 9

A survey of SC admission to central universities (Table 4) backs this finding. Among the
institutions examined, only Viswa Bharati in West Bengal clearly met the 15 per cent quota,
with 17.6 per cent of those enrolled in the non-professional school from the Scheduled
Castes.
Table 4. Admission of SCs to Central Universities in 1996-97

ACCO
UNTIN
G FOR
SUCCE
SS

K O T H A R I | 10

The reservations policy has not been entirely successful in significantly improving the
conditions of the SCs. As a perusal of any report from the National Commission on SCs and
STs will reveal, the Indian government, from central to local levels, has often displayed a
lackadaisical attitude in administering reservations policy. At the same time, SC interests
often take a back seat on the political agenda. The reservations policy has evolved into a
bureaucratic structure with major inefficiencies.
With the fading of the congress partys dominance, the Indian political scene has witnessed
the flowering of many new parties and the intensification of party competition. As the
population of SCs increases faster than the rate of growth of the general population, political
parties have realised the electoral potential of this group and have sought to use reservations
as a way of garnering votes. Christophe Jaffrelot has argued that the congress party in its
heyday, used such a strategy, bargaining and extending its patronage in exchange for
electoral support. However, once in office, politicians lose their incentive to see that
reservations are implemented effectively.
Another reason for the failure of reservations is that Dalits have failed to unite as an All-India
political force. Though there have been Dalit political success stories, such as the rise to
power of the Bahujan Samaj Party in Uttar Pradesh, these achievements have been restricted
to certain regions. Dalits have been plagued by internal rivalries, including their own caste

ADMIN
ISTRA
TIVE
DEFICI
ENCIE
S

hierarchy. A politically influential Dalit national movement is yet to emerge. Consequently

they have not been able to lobby effectively for the efficient implementation of the
reservations policy. Dalit politicians who are elected to reserved seats in legislative bodies
like the Lok Sabha have also been known to be the servants of their party rather than
representatives of their SC constituents. Furthermore, the general politicization of
reservations has contributed to Dalit disunity, sparking disputes over the distribution of
benefits.

K O T H A R I | 11

A FLAWED AND CUMBERSOME SYSTEM: THE ISSUE OF FALSE CERTIFICATES

Any consideration of reservations as a form of social engineering to redress the grievances of
a minority must touch on the mechanics of the system. It is a system that has grown
enormously since its origins in the 1930s and reaches into all levels of Indian politics,
education and government employment, including the substantial number of government
undertakings.
The cornerstone of the system is the official list, or schedule, which gives the Scheduled
Castes their name. Overtime a large body of administrative bodies, forms and case law has
come into being to guide the reservation process. There are for example a pro forma for
sending proposal for reservation of vacancies and grouping of isolated posts for purposes of
orders regarding reservation. However, the most important form is the certificate that every
Scheduled Caste member must have to apply for reserved employment, educational benefits,
holding reserved legislative seats at any level, or receiving benefits under various
developmental programmes meant for members of Scheduled Castes and Scheduled Tribes.
Inevitably the issuing of certificates has become a source of corruption. Jobs, Schooling,
Grant money, and even some share of political power perhaps a seat on a village or a
municipal council are at stake. On the receiving end often there is a lack of scheduled caste
candidates for mid or higher level positions. At all levels above traditional untouchable
occupations like sweeper, the possibility extends that caste hindus with bogus SC certificates
are squeezing out real numbers of the Scheduled Castes.
By the mid 1990s the problem of false certificates had worsened and False certificates has
its own chapter in two most recent reports of the National Commission for Scheduled Castes
and Scheduled Tribes. Concerned about the widespread incidence of false certificates, the
commission in 1996 carried out pilot field studies in several states. The studies confirmed the
irregularities and the trend.
RESERVATION AS AN ELECTORAL TOOL: POLITICAL INTERESTS

K O T H A R I | 12

A Survey of the manifesto of the major political parties in the late 1990s indicates that nearly
all groups address the issue of reservations. Furthermore, adapting a pro-reservations stance
is often the course of action, since, as the policy expands, opposing the reservations is
considered electoral suicide. In 1996 for example, four major parties CONGRESS,
JANATA DAL, CPI(M) and BJP endorsed reservations. While the BJP, Janata Dal and
CPI(M) supported reservations for backward classes, the Congress party even proposed to
extend reservation to women in the Lok Sabha4.
This is not a new development in Indian Political Science, As Christophe Jaffrelot argues in
his book Indias Silent Revolution: The rise of the Low Castes in North Indian politics, The
Congress party had long been aware of the significance of the SC vote as well as the electoral
potential of the reservations system.

4 Policies of Political Parties based on their Election manifesto 1996,

http://meadev.nic.in/election/cmpare.htm Accessed August 7, 2014

K O T H A R I | 13

HAVE RESERVATIONS
WORKED?
Success of reservations policy will be measured by results How Dalits fare in the Indian
Society. A precursor example was the selection of K.R.Narayanan, a Dalit as Indias president
in 1997. His distinguished career has included TIME as a journalist, heading a university, and
service as ambassador to the United States. Dalit political activism is another indicator of
change. Well orchestrated protests at the 2001 United Nations conference on racism in
Durban, Lively internet sites of Dalit advocacy groups, and most of all, growing involvement
in political life show that increasing numbers of Dalits are making their presence felt.
The emergence of well educated, articulated and middle class raises the question of what was
responsible for such progress. In the case of Dr. Ambedkar, a maharaja stepped in to help at a
critical juncture in his education. For those following his footsteps, the maharaja may be the
reservations policy.
Criticised, with justification, for inefficiency, the network of reservations in its half century of
existence has contributed to Dalit opportunity. On a nationwide scale, it has meant more
educational and better government job opportunities for Dalits. Statistical evidence shows
decidedly positive trends for Dalits entering into senior civil service ranks, an eight fold
increase from 1959 to 1995, and receiving higher education, a near doubling over 17 years
ending in 1996.
Literacy rates through 1991 are less compelling and showed that Dalits were not completing
the gap with the general population. However, the 2001 census reports a ten year jump of
27% in national literacy (to 65%)5. An independent 1997-98 study found that Dalit
educational achievement for younger age groups in villages in Rajasthan and Madhya
Pradesh had surged to the point that it was virtually the same as for Upper Castes6.
5 Litercay Rate: India, Census of India,

http://www.censusindia.net/results/provindia3.html, Accessed August 7, 2014

6 Anirudh Krishna, What is Happening to Caste? A view from some North Indian Villages

K O T H A R I | 14

What is harder to pinpoint is how much improvement can be credited to reservations and how
much might have occurred without them as a result of general government developmental
policies and economic growth. Dalits are in no mood to find this out.

ARE
RESER
VATIO
NS
ENO
UGH?

Reservations will continue to play a useful role but will likely be a diminishing part of the
solution of Dalit problems. There are major flaws. Reservations apply to the public sector but
not the private sector, the probable growth area of the Indian economy. Then there are tens of
millions of Dalits living in rural areas and not part of the organized economy. It is often a
difficult life. In 1976, Shankar Rao Mane, the then Commissioner for Scheduled Castes and
Scheduled Tribes, wrote the following appraisal:
The hard fact of our social life is that the Scheduled Castes are fighting
alone. Houses in Caste Hindus localities are not available to them on rent
even in urban areas; drinking water wells are generally not open to them,
the services of priests, barbers and washermen are still denied to them in
several parts of the country and they are paid nominal wages for hard labour
in the fields. And, when they try to assert their rights to use common services
or demand proper wages, they are subjected to inhuman atrocities, abuses,
assaults, social boycott, loot, arson, murder and what not. They are branded
with red hot iron. Even their women are not spared. Still they struggle. Let the
Scheduled Castes be assured that in their struggle they are not alone. That the
enlightened among the Indians are with them not only with words of sympathy but
with concrete action.
Reporting by Indian and foreign human rights groups and governments indicates that

WHAT
CAN
BE
DONE?

problems of this kind remain in many parts of India despite the Constitution, laws, and the
desire of a great many Indians for an end to mistreatment of Dalits.

K O T H A R I | 15

The reservations system would benefit markedly from an administrative face-lift. As

recommended by the Commission for Scheduled Castes and Scheduled Tribes, a
comprehensive act, articulating the policy, is needed. The revision and streamlining of
procedures, such as SC certification, might help curb abuse. In addition, social programs such
as those directed at improving the education system, especially at the primary level and in
rural areas, should be given more emphasis.
Reform will depend heavily on the political will of government leaders and dominant
political parties as well as the ability of the Dalits to mobilize successfully. A source of
optimism is the success of the Bahujan Samaj Party in the February 2000 assembly elections
in Uttar Pradesh. The party won 97 out of 403 seats in the state legislature with the support of
a wide range of communities7.
Over the longer term, other forces might be in the SCs favour. In addition to stressing the
importance of education, businessman-turned-journalist Gurcharan Das sees the growth of
capitalism as a key to breaking down caste prejudice and raising the SCs. Pointing out that
Caste does not pervade modern economic life in the way that it structures rural social life,
he predicts that the growth of the private sector and the middle class will erode the old Indian
hierarchy8. Acknowledging democracys role in improving the lot of Dalits in the twentieth
century, Das believes that in the new century the Indian economy
. . . will create new opportunities for everyone. The better jobs, it is true,
will go to the better educated. But as the lower castes begin to realize that
the better jobs are in the private sector rather than in the government, they
will turn, one hopes, to education rather than reservations.
This may already be happening. Previously mentioned field research in Rajasthan and
Madhya Pradesh suggests that a new political leadership, defined by education and skill
7 Sukumar Muralidharan, BJP in Big Trouble, Frontline, Vol. 19, Issue 5, March 2-15,

2002. http://www.flonnet.com/fl1905/19050040.htm Accessed 8th July 2014.

8

Gurcharan Das, India Unbound (New York: Alfred A. Knopf, 2001), 154p.

K O T H A R I | 16

rather than caste, may be emerging in these rural areas. Twenty-six per cent of the new
leaders are SCs, though the group only makes up 22 per cent of the population. Education,
commercialization, and land reform have facilitated the representation of SCs among this
new political elite.

Das argument may be overstated given the slow pace of economic liberalization in India
since major reforms in 1991. As Das concedes, the private sector is still influenced by the
affinities of kin and caste connectionthe Birla and Tata companies being examples
but the spirit of capitalist competition has also driven many businesses to recruit for skill
and talent, not caste.
Finally, the January 2002 Bhopal Conference is a good sign. That the non-Dalit Chief
Minister of a large state would organize the meeting and take personal interest in the
welfare of Dalits showed both political acumen and willingness to fashion solutions.
Singh foresaw a continued role for reservations. In his paper for the conference, he
warned, though, that they were only part of the solution:
While the Dalit movement must strive to achieve complete fulfilment
Of the quota, we at the same time must understand the limited role
reservation in government jobs has in SC-STs progress and emancipation.
Unless we have understood it, it would be difficult to mould the direction
Of the movement to the desired goal.

CONCLUSION

K O T H A R I | 17

The primary argument that is used against reservation is the bogus ploy of merit. Initially
people used academic performance as a measure of merit. Then, when the oppressed
(with limited resources) began to make inroads in this aspect the focus changed to
performance and later into personal potential. Eventually, the measure of merit is so
formless, cannot be defined and is adopted according to the grounds of argument. There is a
general misconception that reservation in elite institutions will degrade the institutes quality.
In the AIIMS and IIT entrance examinations, the difference between the toppers in open and
reserved category is large of the order to 20 to 30%.
However, when it comes to the last successful candidate in either lists, the difference narrows
down to about half of it. In 2011 and 2012 IIT entrance exams, many students would have
made it even without the quota. In AIIMS, the difference is mostly because of the smaller pie.
In spite of these developments, it leaves one wondering why the upper caste intellectuals are
against reservations. The only reason is that they see the reservations as a mode to limit the
share of future generations of their families and castes. The point to be noted is that these
upper caste people never agitated against any policies that might have adverse repercussions
if implemented. Neither did they protest against lack of healthcare facilities, work to improve
technology, management in rural areas. It all boils down to the fact that they are not bothered
about the quality of the education, nations growth but truncated opportunities to their
families and castes are of major botheration to them.
Another major argument is that reservations should be based on economic criteria rather than
caste system. Firstly, it should be understood that reservation in India follows the concept of
protective discrimination compared to egalitarianism. Egalitarianism aims at equality by
providing the disadvantaged individual the bare minimum that allows him/her to qualify to
join the main stream. But protective discrimination is something more, in the sense that it
addresses individuals who are under privileged in more than one category like social,
economical, psychological, gender etc. It is very clear that reservations are meant to address
something more than economic depravity and cannot be viewed as counters to poverty.
Moreover, some opine that India needs to have US style affirmative action instead of
reservations. This argument has fundamental flaws because affirmative action is framed in
terms of formal equality whereas India has institutionalized the notion that a commitment to
equality entails not just formal equality, but substantive equality in the form of preferential
treatment to overcome the historic disadvantages suffered by groups. Affirmative action is

K O T H A R I | 18

not based on quota or lower eligibility criteria but provides a preference to women and AfroAmericans over the whites when they are equally qualified. An alternative argument
presented is that reservations promote further casteism. This is not true; the policy of
reservations is recognition of the brutal reality of casteism and a meagre attempt to counter
the caste order. Protests by upper-caste Indians (who constitute less than 15 per cent of Indian
population) against the attempts of Indian government to make elite educational institutions
accessible to those who have suffered centuries of oppression is disingenuous. However,
majority of the Indians supported reservations in India.
It is the medias bad to blow up the opinion of a small percentage of the people regarding
reservations. Reservations and development go hand in hand. The south Indian experience is
a classical example. Cities like Chennai, Bangalore have become more modern canters
because of the participation of lower castes in all markets compared to Delhi and Kolkata . In
India, reservations provide a smooth transformation of the caste-cantered system and allows
for equal sharing of resources. Instead, if the upper caste is going to continue their attacks,
the nation will have to get ready to face violent struggles as the Nepal Maoist movement or
the civil strife in Paris in 2005. The upper caste intellectuals who have occupied the majority
of academic, administrative and executive positions, including over 95 per cent of the
appellate judicial positions havent really produced any major changes in the proportional
growth of the nation. Proportional growth does not refer to GDP but to the state of ordinary
man. Rich getting richer is not growth.

BIBLIO
GRAP
HY
AND
WEBLI
OGRA
PHY

K O T H A R I | 19

1. Bakshi, S.R. Simon Commission and Indian Nationalism . New Delhi:

Munshiram

Manoharlal Publishers Pvt. Ltd., 1976

2. Balagopal, K. A Tangled Web: Subdivision of SC Reservations in AP,

EPW, March 25, 2000, 1075.

3. Susan Bayly, Caste, Society and Politics in India. Cambridge:
Cambridge University Press, 1999.
4. Department of Social Welfare, Government of India. Report of the

Committee on Untouchability, Economic and Educational Development

of the Scheduled Castes and Connected Documents (Delhi,1969).
5.

Upper

caste

dominates

national

media.

www.hindu.com/2006/06/05/stories/2006060504981400.htm
6. Guidelines for consideration of requests for Inclusion and complaints of under inclusion in
the central list of OBCs. http://ncbc.nic.in/html/guideline.htm
7.

Reservations

for

OBCs

in

India:

Friends

of

South

Asia

(FOSA)

www.friendsofsouthasia.org/caste/reservations/
8. Persons/Sections excluded from reservation which constitute the creamy layer in society
http://ncbc.nic.in/html/creamylayer.htm
9. Anand Teltumbde, Reservation in Private Sector: An Overview of the Proposition
http://www.ambedkar.org/vivek/reservation112204.htm
10.

Quota

for

undeserving?

Heres

reality

check

http://www.indianexpress.com/sunday/story/10044.html
11. Neera Chandhoke, Three Myths about Reservations, Economic and Political weekly, June
10th 2006.
12. Kancha Ilaiah, Merit of Reservations, Economic and Political Weekly, June 17, 2006.

K O T H A R I | 20

13. Jayathi Gosh, Case for Caste-based Quotas in Higher Education, Economic and Political
Weekly, June 17, 2006.