[Answered] Discuss the historical evolution and the legal framework of reservations in India. Highlight the recommendations of the Mandal Commission and their impact on the reservation policy. (250 words)
Red Book
Red Book

Introduction: Contextual Introduction

Body: Highlight the historical evolution of reservations in India & important recommendations.

Conclusion: Way forward

The concept of reservations has roots in the ancient Varna system and later caste-based social stratification. Independent India inherited this social reality, marked by significant disparities and discrimination against certain social groups.

Historical Evolution & Legal Framework

  • Early Affirmative Actions: Britishers introduced the Communal Award in 1932 or separate electorates for different communities, including Muslims, Sikhs, and Dalits. This was opposed by Mahatma Gandhi but led to the Poona Pact, which reserved seats for Dalits within the general electorate.
  • Constitutional Provisions: The Constitution of India recognized the need to address historical injustices and discrimination. It introduced reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in employment in government services (Article 16(4)), Seats in legislatures (Article 330, 332) & Educational institutions (Article 15(4)).
  • Policies: Different commissions like the First Backward Classes Commission headed by Kaka Kalelkar & Mandal Commission chaired by B.P. Mandal identified a vast section of society as socially and educationally backward. Recently, the Rohini Commission was set up to provide recommendations on sub-categorisation among OBC castes.
  • Legal Framework: Various amendments like 77th Amendment (1995), 81st Amendment (2000), 93rd Amendment (2005) & 103rd Amendment (2019) are related to SC, ST, OBC & EWS reservations. Cases like the Indra Sawhney Case (1992), and Nagaraj Case (2006) highlight OBC reservations with a 50% cap but require proof of backwardness, inadequate representation, and administrative efficiency.

Recommendations of the Mandal Commission

  • Reservation in Government Jobs and Educational Institutions: The Commission recommended that 27% of all jobs in central government services and public sector undertakings should be reserved for OBCs. Similar reservations in educational institutions should be given to improve access for OBC students.
  • Identification of OBCs: Proposed criteria for identifying backward classes based on social, educational, and economic indicators. This included factors like social status, educational attainment, and economic conditions.
  • Additional Measures: The commission emphasized the need for financial aid, scholarships, and other support mechanisms to enhance the educational and economic opportunities for OBCs. It also suggested that a separate Ministry or Department of Social Justice should be established to monitor and implement policies for the backward classes.

Conclusion

The evolution of reservations in India reflects the country’s ongoing efforts to address historical injustices and social inequalities.

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