Issues of reservation in India

Source: The post issues of reservation in India has been created, based on the article “On reservations and the OBC creamy layer” published in “The Hindu” on 29th July 2024

UPSC Syllabus Topic: GS Paper 2-Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context: The article discusses the history and issues of reservation in India. It covers the creamy layer concept in OBC reservations, controversies over certificate misuse, and the need for better scrutiny and sub-categorization to ensure fair distribution of reservation benefits.

For detailed information on Reservation Judgements read this article here

What is the History of Reservation?

1. Constitutional Provisions: Articles 15 and 16 guarantee equality and allow special provisions for socially and educationally backward classes, SCs, and STs.
2. Reservation Quotas: SCs get 15%, STs get 7.5% in jobs, education, and PSUs.
3. OBC Reservation: In 1990, Prime Minister V.P. Singh implemented 27% reservation for OBCs based on the Mandal Commission’s recommendations.
4. Educational Institutions: In 2005, reservations extended to educational institutions, including private ones.
5. EWS Reservation: In 2019, 10% reservation was introduced for Economically Weaker Sections among the unreserved categories.
   For detailed information on Affirmative Action in India read this article here

What is Creamy Layer?

1. Supreme Court Ruling: The Supreme Court upheld 27% OBC reservation in the Indra Sawhney case (1992) but capped total reservations at 50%.
2. Creamy Layer Exclusion: Creamy layer exclusion was introduced to ensure equality. Criteria include parental income over ₹8 lakh annually, and positions held by parents in government or PSUs.
   For detailed information on Reservation Judgements read this article here

What are the Issues?

1. Certificate Misuse: Allegations exist of obtaining NCL or EWS certificates through dubious means. This includes disability certificates for reserved jobs.
2. Avoiding Creamy Layer: Strategies like gifting assets or taking early retirement are used to avoid creamy layer exclusion.
3. Concentration of Benefits: The Rohini Commission found that 97% of reserved jobs and educational seats go to just 25% of OBC communities. Nearly 1,000 OBC communities have no representation.
4. Unfilled Reserved Seats: 40-50% of seats reserved for OBC, SC, and ST remain unfilled in central government jobs.

What Should be Done?

1. Improve Scrutiny: Ensure only eligible applicants receive NCL, EWS, and disability certificates.
2. Fill Reserved Vacancies: Address the 40-50% unfilled reserved seats for OBC, SC, and ST in central government jobs.
3. Sub-categorize OBC Reservations: Implement sub-categorization to help the 1,000 OBC communities with zero representation.
4. Consider Creamy Layer for SC/ST: Debate creamy layer exclusion for children of Group I/Class A officials in SC/ST categories.
5. Engage Stakeholders: Initiate discussions with all stakeholders to refine reservation policies and ensure benefits reach the most marginalized.

Question for practice:

Examine the history and current issues related to reservation in India, focusing on the creamy layer concept and the challenges faced in ensuring fair distribution of reservation benefits.