CHANAKYA NATIONAL LAW UNIVERSITY

Rough draft for the partial fulfillment of “CONSTITUTIONAL LAW I” course

On
EXTENT OF CONCESSION IN FAVOUR OF RESERVED CATEGORY
CANDIDATES.

Submitted To:-
Prof. Dr. Anirudh Prasad
Faculty of Constitutional law

Submitted by:-
Dilip Kumar
Roll no. - 1526
3rd year B.A., LL.B. (Hons)

Date of submission: - 21st August, 2018

(A).INTRODUCTION

After the independence of India in 1947 there were some major initiatives in favour of the STs, SCs and
after 1980s in favor of OBCs.(Other Backward Castes). The country's affirmative action programme was
launched in 1950 and is the oldest such programme in the world.

A common form of caste discrimination in India was the practice of untouchability. SCs were the primary
targets of the practice, which was outlawed by the new Constitution of India.

In 1954, the Ministry of Education suggested that 20 per cent of places should be reserved for the SCs and
STs in educational institutions with a provision to relax minimum qualifying marks for admission by 5 per
cent wherever required. In 1982, it was specified that 15 per cent and 7.5 per cent of vacancies in public
sector and government-aided educational institutes should be reserved for the SC and ST candidates,
respectively.

A significant change began in 1978 when the Mandal Commission was established to assess the situation of
the socially and educationally backward classes. The commission did not have exact population figures for
the OBCs and so used data from the 1931 census, thus estimating the group's population at 52 per cent. In
1980 the commission's report recommended that a reserved quota for OBCs of 27 per cent should apply in
respect of services and public sector bodies operated by the Union Government. It called for a similar
change to admissions to institutes of higher education, except where states already had more generous
requirements. It was not until the 1990s that the recommendations were implemented in Union Government
jobs.

The Constitution of India states in article 15(4): "Nothing in [article 15] or in 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 of or for the Scheduled Castes and the Scheduled Tribes."[10] Article 46 of the
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 the Scheduled Tribes, and
shall protect them from social injustice and all forms of exploitation."

The Supreme Court of India ruled in 1992 that reservations could not exceed 50 per cent, anything above
which it judged would violate equal access as guaranteed by the Constitution. It thus put a cap on
reservations. However, there are state laws that exceed this 50 per cent limit and these are under litigation in
the Supreme Court. For example, in the State of Tamil Nadu the caste-based reservation stands at 69 per cent
and applies to about 87 per cent of the population.

(1) AIMS AND OBJECTIVE OF THE PROJECT

(i) The researcher’s aim for making this project is to study the reservation policy in India.
(ii) To what extent the concession are given to reserved candidates.

(2) HYPOTHESIS

The researcher has assumed that,

(i) Reservation policy has been very much helpful in upliftment of lower caste people.
(ii) Concession given to the reserved candidates are sufficient.
 (3) RESEARCH QUESTION

(i) How the reservation policy has been framed and came into force.
(ii) What are the ways through which these reservation policy can be improved.

(4) LIMITATION OF THE PROJECT

Owing to the large number of topics that could be included in the project, the scope of this research
paper exceedingly vast. However in the interest of brevity and due to certain restrictions like that of
paucity of time etc, the researcher will not be able to deal with the topic in great detail.

(B).REVIEW OF EXISTING LITERATURE

For the purpose of research the researcher will visit CNLU library and review various sources
available.Both of primary and secondary nature. Detailed review of literature will be provided by the
researcher in the final draft.

(C).RESEARCH METHODOLOGY

(i) SOURCES OF DATA

Primary Sources – case laws.

Secondary Sources – Book , websites, journals, articles, magazines etc.

(D).TENTATIVE CHAPTERISATION

(i) Introduction.
(ii) Historical backgrounds.
(iii) Reservation policy in India.
(iv) Conclusion and suggestion

BIBLIOGRAPHY

BOOKS:-

(i) Jain, M.P: Indian Constitutional Law, Wadhwa & Co, Nagpur, 2005
(ii) Anand, C.L: Constitutional Law and History of Government of India,
University Book Agency, Allahabad, 2012.
(iii) Bakshi, P.M: The Constitution of India, Universal Publications, New
Delhi, 2005.
(iv) Jagdish Swarup: Constitution of India, V.2, Modern Law Publications,
New Delhi, 2006.

WEBSITES:-

(i) https://www.youthkiawaaz.com/2011/02/educational-reservations-india-solutions/
(ii) https://economictimes.indiatimes.com/news/politics-and-nation/sc-allows-reservation-in-promotion-to-
sc/st-employees/articleshow/64462958.cms
(iii) https://en.wikipedia.org/wiki/Reservation_in_India