What is Reservation
Reservation is a form of positive discrimination, designed to promote equality among marginalized classes, so as to protect them from social and historical injustice.
In general, it means giving preference to sections on the margins of society in employment and education. The basic objective of this concept is to promote and ensure the development of underprivileged groups facing discrimination for years.
It may be noted that a particular class in India has historically faced discrimination on the basis of ethnicity.
Reservation related provisions in India
- Article 15 (3) of the constitution allows protective discrimination in favor of women.
- Article 15 (4) and Article 16 (4) of the constitution enable the state and central governments to reserve seats in government services for scheduled caste and scheduled tribe candidates.
- In the year 1995, the 77th Constitution was amended in the Constitution and a new clause (4A) was included in Article 16, which enables the government to provide reservation in promotion.
- Recently, the Supreme Court had rejected a petition filed under Article-32 in a reservation related case, saying that reservation is not a fundamental right.
- Clause (4A) of article 16 was amended by the 85th constitutional amendment in the year 2001 and provided for ‘consequential seniority’ for Scheduled Caste and Scheduled Tribe candidates.
- In the year 2000, the 81st constitution was amended, which allowed the state governments to transfer the remaining vacancies of the previous years reserved for the Scheduled Castes and Scheduled Tribes to the next year, so that the rule of 50 percent reservation on the total vacancies for that year Becomes zero.
- Article 330 and Article 332 of the Constitution ensure exclusive representation through reservation of seats for SC and ST communities in Parliament and State Legislatures respectively.
- Article 243D provides for reservation of seats for SC and ST in each panchayat.
- In addition, it also makes a provision to reserve one-third of the total seats available for women.
- Article 233T provides for reservation of seats for SC and ST in each municipality.
- According to Article 235, the claims of members of Scheduled Castes and Scheduled Tribes should be taken care of to maintain the efficiency of administration.