1. SIXTY- ONE YEARS OF RESERVATION
- AN ASSESSMENT -
PRESENTED BY
PRAVEEN KUMAR MAUYRI
B.B.A. LL.B. Student B.B.A. LL.B. STUDENT
KIIT SCHOOL OF LAW KIIT SCHOOL OF LAW
KIIT UNIVERSITY KIIT UNIVERSITY

5. ABANDON CASTE ………………….. RESPECT MERIT

8. Reservation…. from a temporary support to permanent crutches
Reservation…. An Antithesis to equality.
SIXTY- ONE YEARS OF AFFIRMATIVE ACTION
- AN ASSESSMENT -
Reservation…. From exception to Fundamental Right

9.  What is the true mandate provided by the Constitution?
 How long is it justified to provide benefit for oppression that took place
centuries ago?
 To what extent can merit be ignored in the process?
 How long can the violation of right to equality of the members of forward
communities due to reverse discrimination be ignored in this process?
 Whether Reservation has helped in uplifting the Backward classes?

10.  Reservation for backward classes was prevalent since 1902 when the first GO for the
welfare of depressed classes in India was passed.
 India was a country with a very rigid caste based hierarchical structure where the higher
castes enjoyed most of the benefits while the lower castes were looked down upon by
the higher castes.
 Indisputable mutuality between social hierarchy and economic position.
 Fusion of social status and economic power.
 In 1947, majority of the population was backward which were thereafter classified as
SC, ST and OBC.
If poverty be the cause of backwardness… caste was the index of backwardness.

11.  Framers took forward the interest of the Backward Classes by inserting several
provisions to promote equality.
 Article 46 : to promote educational and economic interests of Scheduled Castes
(SC), Scheduled Tribes (ST) and other weaker sections of society.
 Article 14 : to provide equality before law and equal protection of laws.
 Article 15(3) : enabling provision to provide for special provisions in case of
women and children.
 Article 16(4) : to provide for reservations of appointments or posts in favor of
backward class of citizens if they are not adequately represented in services under
the State.

12. In the Indian scenario, it resembles the story of “The Wolf and the Lamb” in
Aesops Fables.“If you were not born at that time”, said the Wolf, “it must have
been your father”, and proceeded to gobble up the Lamb.
The fundamental law is forgotten that … “none should be punished for the
supposed or actual sins of the ancestors.”
For how long the sins (i.e. the discrimination practised by them) of the
generations of the forefathers in the higher castes should be expiated by the
future generations.
Sixty one years have passed but still officially there is not even a single
community that has crossed the barriers of backwardness with all the aid
provided by the policies under Affirmative Action.

13.  M.R. Balaji v. State of Mysore, AIR 1963 SC 649.
 T. Devdasan v. Union of India, AIR 1964 SC 179.
 State of Kerala v. N.M. Thomas, AIR 1976 SC 490.
 A.B.S.K. Sangh v. Union of India, AIR 1981 SC 298.
 M.Nagaraj v. Union of India, (2006)8 SCC 212.

14. RESERVATION FOR WHOM?
Anjan Kumar v. Union of India (2006)3 SCC 257
In this case the Court advances two parallel grounds of reasoning-
 That reservation is given to a person because of the disadvantages he has faced in
life.
 That he is given the benefits for the disadvantages suffered by the community to
which he belongs.
The two aforementioned reasons have completely different repercussions. While
Affirmative Action for the first group is justified, in the second case no affirmative
action is required as the person was himself under no disability.

15.  PRESENT SCENARIO IN INDIA HAS BEEN IGNORED
Whereas it is true that 60 years ago almost all the families of certain communities
were backward but presently backwardness and poverty are not restricted to
communities.
 INTENTION OF FRAMERS HAS BEEN NEGLECTED
Article 16(4) provides for reservation for any backward class of citizens. For SC and ST
reservations are provided under Part XVI because framers of the Constitution
envisaged a reservation in representation for these communities.
 EXPRESS MANDATE OF THE CONSTITUTION HAS BEEN IGNORED
Mandate provided by express words of Constitution through Article 16,46 and 335 has
been ignored.

16.  EQUALITY CANNOT BE ACHIEVED BY COMPROMISING WITH MERIT
Any compromise in merit by providing reservations in employment or for that matter
even in places of higher education can never lead to equality because of the
inherent assumption that the communities are backward and cannot possess merit
equivalent to other communities.
CONSEQUENCE OF SUCH AN INTERPRETATION
Creation of a group which was backward in ancient days, is treated as backward
now, with an assumption that they will always remain backward.
This scenario was never anticipated by the founding fathers of our Constitution and is
completely against the cherished principle of equality.

17.  RESERVATION…FROM A TEMPORARY SUPPORT TO PERMANENT CRUTCHES
Reservation policy which was designed to be a temporary support has turned out
to be permanent crutches and is the biggest obstacle in achieving the
cherished goal of equality.
 HOW FAR IS REVERSE DISCRIMINATION JUSTIFIED?
There are people from other communities who are deprived of jobs despite of the
merit and qualifications they possess. They might not be economically or
socially well off. In such a scenario, what is the fate of the Constitutional
guarantees provided to them. How long can they be deprived of their rights in
order to promote the interests of other communities.

18.  STRENGTHENING OF CASTE SYSTEM
Caste disparities which were forgotten in the struggle for Independence came
back with a bang due to reservation policy, judgments of the Supreme
Court and the reports of the various Commissions This policy has
strengthened the caste system instead of removing the inequalities
prevalent in the society due to the caste system.
 STRIVE TO BE DECLARED AS BACKWARD
People strive to be declared as backward just to avail the benefits of the
reservation policies. So, instead of promoting equality it has started a new
battle between various communities to be declared as backward and to
avail the endless benefits which follow.

19.  Reservation is not a complete or even a real solution of the problems of Scheduled
Castes or the Backward Classes. What is more important is their economic and
educational upliftment which can be achieved only by increasing merit and not
merely by providing for reservations.
 Without merit which comes in the form of education they are not in a position to
utilize the opportunity being given to them under the scheme of affirmative
action.
 Reservation should be provided when even after equal merit they are unable to
enter into services due to some kind of discrimination or disability.
 Reservation as a means of affirmative action has outlived its importance as the
goals framed during the debates in Constituent Assembly have still not been
achieved even after 64 years of independence.

20.  Government needs to formulate an effective policy to achieve the desired goal of
“equality of all citizens” in society which can be done not by providing illusionary
equality but equality which will be achieved by increasing merit and enabling all
the citizens to stand on the same field and compete.
 To achieve this aim there is no other way but to increase the merit and efficacy of
“any backward class of citizen” in India. Once this equality of merit and
competency is achieved, the cherished goal of equality in all other walks of life be
it educational, economical or political will follow.
 Reservation is therefore an antithesis to the principle of equality and can never
promote equality. This is substantiated by assessing the Affirmative Action
programme in India for the last 60 years.

21. THANK YOU