Constitutional Validity of 10% reservation for economically backward upper caste citizens
Upper caste citizens are those who belong to the caste superior to scheduled
caste and schedule tribe. These category people are also called as forward
caste as per the privileges enjoyed by them as compared to the castes in a
nation. This category of people is the social groups which do not qualify for
any of the reserved categories or other affirmative schemes which are provided
by the government of India.
India is a democratic nation in which various castes of people reside including
the upper caste citizens which are also known as the general category people,
the schedule caste, the schedule tribe, and other backward categories. Except
the people belonging to the general category i.e. the upper caste citizens, all
the other residing categories in India are entitled for the benefit of
reservation as provided by the government of India. As per the statistics
provided by the National Sample Survey Organisation, it can be highlighted that
after the population of the OBC which has been already protected by government
of India, the largest population of India belongs to the upper caste which is
being left unprotect and has been ignored for multiple reason for an extremely
long period of time.
In this paper there will be focus on the term “upper castes†including the
percentile of upper caste that exists in India, the requirement and importance
of providing the reservation to the Upper Caste in India as well as the problems
and solutions that would exist or arise due to such reservations.
India is a democratic nation in which various castes of people reside including
the upper caste citizens which are also known as the general category people,
the schedule caste, the schedule tribe, and other backward categories and in
order to protect the interests of these different categories of people the
government, in the past years took various initiatives by providing reservation
to them in education and job.
As per the reports of The Times of India[1], the National Sample Survey
Organisation (NSSO) specified that in the year 2018, the population of the
Schedule Caste and Schedule Tribe in India is 19.59% and 8.63% respectively.
Whereas, the population of OBC constitutes a total of 40.94% and the population
of the upper caste citizens constitutes 31%.
Now, focusing only on the upper
castes, it is highlighted that the Upper caste citizens are those who belong to
the caste superior to scheduled caste and schedule tribe.
These category people are also called as forward caste as per the privileges
enjoyed by them as compared to the other castes in a nation. This category of
people is the social groups which do not qualify for any of the reserved
categories or other affirmative schemes which are provided by the government of
India. Due to the reason of being neglected primarily by the consequences of
reservation the government of India on January 7, 2019 declared 10% quota for
the poor among upper class so that they must not be deprived of their respective
life in order to live life with dignity.
This represents that the people who
fail to receive benefit from the already existing 50 per cent quota as well as
they are below the EWS i.e. they belong to Economically Weaker Section, would
primarily benefit from this proposal.
In a judgment of Balaji v/s State of Mysore[2] it was held that the “caste of a
person cannot be the sole criteria for ascertaining whether a particular caste
is backward or not. Determinants such as poverty, occupation, place of
habitation may all be relevant factors to be taken into consideration. The court
further held that it does not mean that if once a caste is considered to be
backward it will continue to be backward for all other times. The government
should review the test and if a class reaches the state of progress where
reservation is not necessary it should delete that class from the list of
backward classes.â€
In order to grant reservation to the poor belonging to the upper caste there
would be proposed amendment[3] to the Article 15 and Article 16 of the
constitution of India providing reservation to the economically backward upper
castes in the government jobs.
However, in order to classify among the poor
upper castes, an individual is supposed to fulfil certain perquisites which are
highlighted as follows:
1. “The people with an annual income below Rs 8 lakhs as well as the people
with agricultural land having possession of lower than five hectare are eligible
for this quota.
2. The persons having a residential property lower than 1,000 sq ft are
also eligible to enjoy the benefit of this 10% quota.
3. The persons in possession with a residential plot lower than 109 yards
in a notified municipality or a residential plot below 209 yards in a
non-notified municipality area may also benefit from this move.â€
It can be mentioned that our constitution is itself is reservation friendly,
which under article 14 states that every citizen of the country must be treated
equally with respect to caste, creed sex, religion etc. This can be interpreted
that a person is entitled to equality even if that person is not capable of such
quality. It means that equality must be measured on the basis of merits and not
upon the criteria of being economically backward or economically forward.
Whenever a student fills up an admission form for any university, a major
question which asked to everyone is to which category they belong to. Like
whether they belong to the category of SC/ ST/ OBC or General category. How
does such a question plays an important role in the future of a child or
student, instead the major role that plays in the life of a student is that the
merits that they possess which would lead to the overall development of the
student in professional as well as personal life. And such consideration of
merits in a student would directly benefit the overall development of the
country in which that student is going to provide the services in future.
The reservation system in India should be based upon the economic and financial
status of the individual. However, in today’s time even the problem of finance
for education has been curbed by the government of India via announcing various
educational schemes that would directly benefit the economically weaker section
of the Indian society.
Focusing on the 10% reservation that has been granted to the upper class by the
present government, it can be highlighted that this reservation should only be
provided to those classes of people who actually requires it i.e. only to those
people who lack financial sources but are full of merits and should not be
granted on that classes of people who neither have merits nor have the ability
to develop their skills.
For providing reservation under the criteria of upper class or any other class,
all the candidates must go through a primary examination in order to test their
basic skills so that the opportunity provided to them for the reservation must
not be misused by any individual or a class of person. Earlier when the
reservation system was introduced in India, it was introduced for the purpose of
creating equality among all the citizens of the country. It was introduced for
eradicating inequality among diverged people on the basis of caste, creed, sex
or religion.
But it can be noticed that the primary purpose of the concept of reservation was
defeated and was misunderstood by the citizens of India.
Providing reservation
to one class of individuals led to conflict of thought between other classes of
individuals which developed a thought that every group of person must receive
reservation separately leading to increase in more discriminative thinking in
all the citizens belonging to different religions and castes and eventually
defeating the purpose of the constitution of India which talks about equality.
For instance, the OBC, ST, SC, Jatt’s and Gujjar, the general category and now
the upper class have been granted a particular percentile of reservation. It can
be hypothetically thought that now in the near future there could be any other
group other than the above mentioned would eventually feel inferior due to non
reservation and then they would come up and protest for their respective
reservation in the country.
So the big question that arises here that:
will they
also be provided the reservation?
Till when will the government encourage this
act of reservation?
Is reservation the only way out for equality and not the
merits of the individual?
All these questions showcase that now the purpose of reservation has defeated
the purpose of equality. In order to change our country from the status of a
developing nation to a developed nation, it is quite obvious to understand that
for the overall development of our nation we don’t require the support of
reservation. Instead we require the support of our merits that exists within us
so that everyone could equally contribute to the country, and when everyone will
equally contribute to the nation then eventually everybody would be treated
equally in the nation. The primary hindrance for the development of our nation
would not be eradicated due to the precise granting of reservation to all the
existing different classes of groups, instead the hindrance for the development
would increase if everybody would be granted reservation and then the merits of
the country would be ruined due to severe effects of reservation.
Hence, a brief suggestion can be provided that the reservation in our nation
must not be provided on the basis of economic condition of an individual, it
should not be provided on the basis of caste or religion. Instead as per my
opinion, the reservation in our country should be provided on the basis of the
merits that an individual hold in him/ her/it. The merits of an individual
should be kept as the first criteria for reservation instead providing the caste
based reservation to the citizens of the nation.
Hence, it can be concluded that the 10 percent reservation to the upper class is
not a required step that the government has initiated. This reservation has the
potential to increased the caste based differences between the citizens and not
reduce the same within the people.
End-Notes
[1] The percentile of people belonging to various categories (visited on Jan 27,
2019) https://timesofindia.indiatimes.com/india/OBCs-form-41-of-population-Survey/articleshow/2328117.cms
[2] AIR 1963 SC649
[3] The highlights of the reservation (visited on Jan 29, 2019)
https://www.indiatoday.in/india/story/10-per-cent-reservation-for-poor-among-upper-caste-who-all-will-benefit-1425371-2019-01-07
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